Lowell/Cohen Cramer Shopdirect Claim

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

are you able to post up the documents you received? its hard to say whether a party has complied without seeing the docs they sent

I have posted all of the documents they sent me on the first page of the thread. Kati uploaded them for me

[Kati]

Re: Lowell/Cohen Cramer Shopdirect Claim

are you able to post up the documents you received? its hard to say whether a party has complied without seeing the docs they sent

I have posted all of the documents they sent me on the first page of the thread. Kati uploaded them for me

post #22
http://legalbeagles.info/forums/show...782#post708782

[pt2537]

Re: Lowell/Cohen Cramer Shopdirect Claim

Seems to me that they dont have the Default notice and the best they can do is say that a computer screen shot shows they sent one. In my view this is asking the Court to take a leap of faith, but some District Judges will be prepared to accept this type of submission sadlly.

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

So what are the possible outcomes for this given they don't have evidence of a default?

There are no figures to show how they got from the original amount to 4XX (inc court costs) and without being able to prove they they have sent a compliant default surely this is grounds for at the very least removing all those charges that have been added on?

I have received a letter from mediation saying they don't have a number on file for me (even though I wrote my number on the sheet) so I have to call them in the next few days.

If I answer the question 'yes I have enough information about this debt to mediate is this an admission of liability for the debt?

I'm happy to mediate simply due to the fact they have sent some documents but until I receive all the documents they are obliged to I will not recognise this debt as mine.

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

Also another question, if mediation were to take place, what strategy should one use?

How much will they have invested at this point in the case? How much would a realistic offer be for them to accept at this stage?

As they have not complied fully with the CCA request I may still just allow it to go to court and see how the judge takes it but I want to cover all my bases before taking the next step.

[Diana M]

Re: Lowell/Cohen Cramer Shopdirect Claim

Mediation is strictly confidential so the DJ will not know what went on it if fails. The last time I asked the SCCMS their success rate they told me 70% so don't feel obliged to settle during the phone call if it doesn't feel right to you.

Settling at Mediation is not admitting failure (or the debt).

It can be an escape route from a stressful situation which may end up in front of a prejudiced DJ who believes Defendants are 'debt avoiders'. Their benchmark for decisions can be based on "the balance of probabilities" which means they use their discretion (for post April 2007 accounts) to say that the banks are big institutions so probably got it right even if they haven't got sufficient evidence to back it up. A lawyer will take them to task on that point but LIPs struggle in court without presenting the relevant case law.

Other DJs take the view that the Claimant's lawyers should know better and dismiss the claim sending them away with a flea in their ear.

It's a judge's lottery I'm afraid.

A lot depends on the size of the claim as to whether it makes sense to cut and run at Mediation or fight on.

If you want to go to court then go for it.

Di

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

How much would a sensible offer be for them to accept and discontinue the claim?

On the one hand I know they haven't followed procedure or fulfilled the CCA request fully and I have a good chance in court but at the same time this is playing with my mental health and having it off my back would be a big big thing.

[Diana M]

Re: Lowell/Cohen Cramer Shopdirect Claim

How much would a sensible offer be for them to accept and discontinue the claim?

How much is the claim?

I doubt they'll agree to Discontinue.

They may offer to settle this with a Tomlin Order which is an order filed at court (so it can be enforced if breached) but not a CCJ showing on your CRA file. They would do this if your offer is based on monthly payments.

However if you make a Full & Final settlement then you could ask them to Discontinue and also make sure your credit file shows satisfied not "Part settled".

I'm not in a position to give debt advice (my firm is not FCA regulated to do that) so I'm sure someone else can make suggestions on how to haggle.

Whatever happens your negotiations must be on a Without Predjudice basis to protect you from admitting the debt which the Claimant may send to the court which could land you with a CCJ for the full amount if the court considers you offer to be an admission.

Di

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

The claim is for £346 but after solicitors and court fees the claim is £458.

Which of those figures should I be basing my offer on?

I would be looking at a full and final dependent on the figure they are amenable to but if they insist on the full amount then I might as well just allow the court to decide.

I am a bit confused by what you said about them not wanting to discontinue. Surely if we agree a settlement outside of court there is no need to continue for them?

How would the 'without prejudice basis' work? Just write that I do not accept liability for this debt but that I am willing to settle out of the goodness of my heart so they can't use it at court afterwards?

Thank you for your help btw it's much appreciated, apologies for all these questions.

[nemesis45]

Re: Lowell/Cohen Cramer Shopdirect Claim

The claim is for £346 but after solicitors and court fees the claim is £458.

Which of those figures should I be basing my offer on?

I would be looking at a full and final dependent on the figure they are amenable to but if they insist on the full amount then I might as well just allow the court to decide.

I am a bit confused by what you said about them not wanting to discontinue. Surely if we agree a settlement outside of court there is no need to continue for them?

How would the 'without prejudice basis' work? Just write that I do not accept liability for this debt but that I am willing to settle out of the goodness of my heart so they can't use it at court afterwards?

Thank you for your help btw it's much appreciated, apologies for all these questions.

As you are not getting the advice you require may I offer a suggestion on approaching a full and final settlement offer?
1. The offer must be in writing and sent by signed for post.
2. Do not make any payment until you have the cast iron written acceptance from Lowell.
3. The offer should be reasonable and affordable for you.
4. No more than 10- 15% of the balance ( not including the court fee), for a start which will get you an idea of what Lowell will accept.
5. Do a personal Income and Expenditure statement to establish how much you can reasonably afford.
6. You make the offer as " a gesture of good will and without any admission of liability.
7. You want the credit file entry marked satisfied.

When does the credit file entry drop off the files.

nem

[Diana M]

Re: Lowell/Cohen Cramer Shopdirect Claim

Also another question, if mediation were to take place, what strategy should one use?

Is Mediation on offer?

If so why not agree a settlement that way where a skilled negotiator (the Mediator) will be the go-between?

All Mediation is conducted on a Without Prejudice basis.

Di

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

Is Mediation on offer?

If so why not agree a settlement that way where a skilled negotiator (the Mediator) will be the go-between?

All Mediation is conducted on a Without Prejudice basis.

Di

Yes mediation is on offer as already posted. How does it work exactly? Is it a three way conference call or do I state my case and the mediator then puts it to the other side?

- - - Updated - - -

As you are not getting the advice you require may I offer a suggestion on approaching a full and final settlement offer?
1. The offer must be in writing and sent by signed for post.
2. Do not make any payment until you have the cast iron written acceptance from Lowell.
3. The offer should be reasonable and affordable for you.
4. No more than 10- 15% of the balance ( not including the court fee), for a start which will get you an idea of what Lowell will accept.
5. Do a personal Income and Expenditure statement to establish how much you can reasonably afford.
6. You make the offer as " a gesture of good will and without any admission of liability.
7. You want the credit file entry marked satisfied.

When does the credit file entry drop off the files.

I know every case is different so the qu3stion may be too broad to answer but is there a consensus on what kind of percentage they would accept at this stage of a case?
nem

Thank you for that, I have taken a screenshot of your post and will be referring to it as and when required x

The entry drops off in 2018 I believe.

[Diana M]

Re: Lowell/Cohen Cramer Shopdirect Claim

Yes mediation is on offer as already posted. How does it work exactly? Is it a three way conference call or do I state my case and the mediator then puts it to the other side?

Mediation in an hour long slot where the Mediator rings you first to ask you what this is all about. They are not lawyers (unless by coincidence) and they won't have seen the case papers. This is a good thing because the object of the exercise is to get a result which both side feels comfortable with, and neither side feels they've lost face.

After speaking to you they will speak to the Claimant's representative to see what they are hoping to achieve from the session.

The Mediator will go back and forth on the phone (they re-dial not leave you hanging on) until something is agreed or not.

You do not get to speak or hear the Claimant.

You get the opportunity to say what you think to the Mediator even if that's something you wouldn't want to say (in so many words) to the Claimant. The Mediator will repackage your words. So it's okay to say you have felt bullied, or that you are only doing this because it's having a bad effect on your mental health otherwise you'd tell them to stuff it

If you want to offer a minimal amount then give the Mediator your reasons. Saying you've got kids to feed is better than saying it's because you believe the Claimant paid peanuts for the debt so doesn't deserve to make a profit blah blah blah.

Di

[Sophie1994]

Re: Lowell/Cohen Cramer Shopdirect Claim

Just a quick note to underline this case so everyone can know how it went.

I mediated successfully and managed to pay an amount that I was very happy with. Thank you all for your great advice i would really have been lost without the knowledge on here.

Just out of interest- what happens witht the default on the CRA now? They should mark it to settled shouldnt they?

[Diana M]

Re: Lowell/Cohen Cramer Shopdirect Claim

I mediated successfully and managed to pay an amount that I was very happy with.

Just out of interest- what happens witht the default on the CRA now? They should mark it to settled shouldnt they?

That must be an enormous relief for you. Well Done!

Did you agree a F&F sum or to pay by instalments?

I'm afraid the Default marker will stay on your CRA file for six years from the date it went on regardless of your settlement ((unless you made its removal part of the settlement).

Di