Lowell/Cohen Cramer Shopdirect Claim

[Sophie1994]

Hi guys i really need your help.

on the 10th november i received a claim form from the court saying that lowells/cohen and cramer have issued a claim against me. I followed what it said on the form and acknowledged the claim but i didnt do anything else until last week as i was really lost and didnt know what to do I was in such a panic.

I eventually found this site and last saturday i sent the CPR request and CCA request by recorded signed for delivery.

In response alls i have received today is a letter from cohen and cramer saying the following.

NOTICE OF IMPENDING COUNTY COURT JUDGEMENT

Dear Ms.....

You are aware that we have issued legal proceedings against you in the northampton county court.

As you have failed to respond with proposals for payment or provide any valid explanation why the debt should not be paid, we are now instructed to enter judgement against you.

The letter then goes on to say i have seven days to pay and says how I can pay.

what do I do now? They have completely ignored my cpr and cca requests, i am in such a panic now as i thought they had to provide me with the documents but instead they are just demanding payment.

Please help me im really stuck here and ive only got you guys that i can ask about this.

thank you all,

Sophie

[Kati]

Re: Lowell/Cohen Cramer Shopdirect Claim

tagging [MENTION=55034]nemesis45[/MENTION] xx

[charitynjw]

Re: Lowell/Cohen Cramer Shopdirect Claim

Hi Sophie & welcome to LB.

Have you checked for delivery of your requests?
If you paid the £1 fee by postal order, did you put the payees name on it, & endorse it 'For statutory purposes only'?
(Don't panick if 'no', but it is good to confirm these things).

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

Hi Sophie & welcome to LB.

Have you checked for delivery of your requests?
If you paid the £1 fee by postal order, did you put the payees name on it, & endorse it 'For statutory purposes only'?
(Don't panick if 'no', but it is good to confirm these things).

Hey thanks for your quick reply!

I paid the £1 fee by postal order but i didnt put the payees name or write 'for statutory purposes only'

I will recheck for delivery of my letters now.

Thanks xx

[charitynjw]

Re: Lowell/Cohen Cramer Shopdirect Claim

Hey thanks for your quick reply!
You're welcome

I paid the £1 fee by postal order but i didnt put the payees name or write 'for statutory purposes only'
Lowells (the request should go to the current owner of the debt) should reply to you within 14 days of your letter (12 per the CCA 1974 s78 timescale + 2 allowed for posting).
You might get the usual 'on hold (or similar) while we try & find the documents' response.
Take no notice; the court timetable is paramount. You will need to enter a defence at court within 33 days of the issue date on the court claim form, unless you have agreed an extension (28 days) of the court deadline with Lowells/solicitor. If so, you, as the Defendant, will need to inform the court.

I will recheck for delivery of my letters now.
:thumb:


Thanks xx

Can you tell us which particular part of Shop Direct this would be & when & how you applied?

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

Can you tell us which particular part of Shop Direct this would be & when & how you applied?

It is a littlewoods account and i believe it would have been all done online.

oh i checked my post office receipts and the letters have been delivered x

[charitynjw]

Re: Lowell/Cohen Cramer Shopdirect Claim

Hi Sophie

Ok, you're well on track.
They know that, without producing documentation which is compliant with your CCA request, they cannot enforce their claim.
They just hope that you don't know that, & that you will panic & pay up.
As things stand, your next hurdle is to file your defence with the court; we normally suggest that this is done a day or so before the deadline (33 days from the claim issue date on front of the N1 claim form).

In the meantime, if they do produce any documentation, if you want to post it up on this thread we will have a look at it for you.

& make sure that all the paperwork is in order. I normally staple the postal receipts to the file copies of any correspondence; in fact, I do the same with the envelopes of received correspondence. (Sometimes it is useful to know when a letter has actually been posted, rather than relying on the date stated on the letter itself!).

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

Thank you charity, i really really appreciate your help on this, im not quite as panicky now that the ball is rolling and ive found your site.

so, i just got another letter from cohen and cramer.

It says:

we have received your letter in which you make a request for documents and have notified our client lowell portfolio direct i ltd of this request. Documents in support of our clients claim will be disclosed on or before disclosure as directed by the court. In the meantime please file your response to the claim form in accordance with the court timetable. If you require further time to prepare your response, please let us know as we may be able to agree to a short extension to the court timetable.

What do they mean by 'will be disclosed on or before disclosure as directed by the court'?

Im also confused about what move to make next, 33 days from the date on the claim form gives me until the 11th december, so i have to file my defence say thursday at the latest? But that doesnt leave me with enough time to contact them and get an agreement to extend the court timetable before filing the defence. Can i file my defence and contact them for an extension and then amend my defence after?

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

As time is running out would it be acceptable to email or call them in order to get them to agree to an extension?

Its cutting it too fine i think for me to send the request by post.

Could someone point me in the direction of a template letter to request the extension?

Thanks again all xx

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

UPDATE

Spoke to them on the phone yesterday and they agreed to the extension. They said that they have now agreed for the account to be put on hold so i dont need to do anything, i dont need to contact the court as they wont do anything at this point. Its just a case of waiting for them to receive the documents in order to send to me.

I still have to contact the court though right and let them know?

Is it possible to email the court or do it on MCOL to inform the court of the extension agreement?


I know you are really busy on here and i dont want to push but please reply guys as time is running out and this thread has gone all quiet.

thank you in advance xx

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

Ive been looking through this site and found a template email to send re extension for filing defence on this email:

ccbcdefendants@hmcts.gsi.gov.uk

Can somone confirm this address is correct and still active?

what is thprocess i need to follow to ensure this is done correctly? Just send the email and then ring the court afterwards to make sure it has been received and accepted?

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

Hello everyone I've been silent as nothing happened for a while after I filed my defence but right at the end of the 28 day period it seems lowells have gone in and possibly got me over a barrel.

Yesterday I received a pack from lowell solicitors informing me of a change of solicitor and that they wish to continue with the claim. Encloses is a copy of their directions questionnaire and worst of all they have sent me the following documents:

1 ) a reconstituted credit agreement with terms and conditions
2) a statement
3 ) some kind of screenshot I'm assuming from their system that interestingly states that they were advised they cannot get a copy of the default notice.

So first up, is the debt enforceable without proof of default notice and with discrepancies over the dates of the default notices?

The statement says that the default was on the 12/4/12 But the screenshot says that the default notice was sent on the 5/3/12, so which is it?

I feel like with actually coming up with these documents they have enough to win, but is there any wiggle room for me? Do I proceed and hope that they will make a mistake or not turn up on the day? Or do I negotiate with them? Surely if they cannot evidence a default notice then that is grounds for reducing the debt by taking the massive charges that were added to it? On the statement it says the money owes for the goods was £232 and that there are £158 in charges. But I cannot read anywhere in the terms and conditions where it specifies how much charges will be for late payment etc.

As always I'll be very grateful for any advice and help, thank you.

[MIKE770]

Re: Lowell/Cohen Cramer Shopdirect Claim

as has been told to you before on here post up what they sent leaving out personal details, what they send out does not mean they have the proper information in most cases.

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

Also of equal importance, as they have now provided documents my defence is null and void right? So how long do I get in order to change my defence and how do I do it? I'm not sure I can afford the fee to change it (£100?) In my defence I put that if they provide documents that they should foot the cost of the fee but is that realistic? Are they actually obliges to pay the fee for me?

- - - Updated - - -

as has been told to you before on here post up what they sent leaving out personal details, what they send out does not mean they have the proper information in most cases.

Thanks Mike I'll upload now

[MIKE770]

Re: Lowell/Cohen Cramer Shopdirect Claim

depends on what they sent to you hence let the people on here see what they sent?