Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

[Cosmic Kitty]

Hi, I was hoping someone on here may be able to help me.

I recently sent a CCA letter to both CramerCohen Solicitors and Lowell Portfolio 1 Ltd in regards to an old clubbook that I took out in 2008.

I would really like to know if what I recieved from them is correct as it doesnt appear right to me.

Please find attatched a copy of the letters I recieved from CramerCohen Solicitors in reply to my CCA letter.

Any help is greatfully appriciated

[warwick65]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Hi

I am curious as to just what request you sent. Was it a S78 request because if so I think there should probably be another set of terms and conditions.

At first sight however the agreement does look ok except it referees at the bottom of the first paragraph clause 11 overleaf

If you sent a prove it type request or a CPR31.14 request then it is ok, if you sent a S78 request it fails.

Have they issued a court claim or have they threatened to?

It just doesn't sit quite right with me, what you are saying you asked them for and what they have sent although I know Lowell are not the brightest bunch.

It also seems odd that two default notices were sent, 4 weeks apart

Could it be that you made a payment which sorted the first one out then missed another one?

[Cosmic Kitty]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Hi thank you for your reply warwick65

This is a copy of the letter I sent to which I received the previous letters for.


Dear Sir/Madam

Re: Reference Number:

Firstly may I make it clear that I do not acknowledge any debts to your company.

Please treat this letter as a formal request for you to supply a copy of the Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true signed copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account.
I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.
Please note that under no circumstances should this payment be set aside against any alleged debt, it must be used to cover the aforementioned fee only.

I understand that a copy of the credit agreement should be supplied to me within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you soon

Yours faithfully,

_____________

[Cosmic Kitty]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Have they issued a court claim or have they threatened to?

They have threatened to but as of yet no court papers have arrived

It also seems odd that two default notices were sent, 4 weeks apart

I thought it was odd too.

[Cosmic Kitty]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

I also think that this account is statue barred as the account was opened in 2008 and the last payment I made was in November 2010 in which they state on the black section of the letter attached, which I think is there offering of a "statement of accounts" .

[warwick65]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Hi
I've just looked at the two default notice dates and one is June 2011 so i would brace yourself for a claim in the next two weeks- sorry to be the bearer of bad news.

I am glad you sent the CCA request with the fee as what they have sent , while it looks ok is not complete - as I said, it refers to section 11 overleaf and it is not there, also there are no terms from the default.

I say brace yourself for a claim but it is 'only' £400 and if necessary I bet you could settle that for less than £100 - although why settle unless you have to. If things stay the same definitely do not settle

I currently have a claim going through and at the moment the max I would offer is £20 and its for 5K

If you do get a claim there will be no need to send another S78 request off but you would want to send a cpr31.14 request and you may want to think about sending a SAR to the original creditor . Was there any PPI ?

[Cosmic Kitty]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Hi
I've just looked at the two default notice dates and one is June 2011 so i would brace yourself for a claim in the next two weeks- sorry to be the bearer of bad news.

Hi, I always thought that a debt becomes statue barred after the date you either, fully acknowledged the debt in writing or from the date of your last payment??

I am glad you sent the CCA request with the fee as what they have sent , while it looks ok is not complete - as I said, it refers to section 11 overleaf and it is not there, also there are no terms from the default.

So would it be an idea for me to send another letter stating that they did not fully comply with the cca letter that I sent as they did not send all of the required information.....If so please could you tell me what is missing....Also just realised that the CCA letter was dated 28th May 2016 and it has taken them till now June 2017 to reply.

I say brace yourself for a claim but it is 'only' £400 and if necessary I bet you could settle that for less than £100 - although why settle unless you have to. If things stay the same definitely do not settle

If I send them another letter, signed for postage, stating that they have not fully provided what was requested with the CCA letter, do you think this will hold the off with applying for a CCJ until they have sent me what is missing??

I currently have a claim going through and at the moment the max I would offer is £20 and its for 5K

Blimey, glad mines not 5k lol. As a housewife I am solely reliant on my husbands wage and things are extremely tight ie they would be lucky to get a £1 a month

If you do get a claim there will be no need to send another S78 request off but you would want to send a cpr31.14 request and you may want to think about sending a SAR to the original creditor . Was there any PPI ?[/QUOTE]

[Cosmic Kitty]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Bump for @nemesis45 @Amethyst
I would be very grateful if you wouldn't mind looking at my post and the attatched letters please - Any advise you could give would be very gratefully received - Thank u

[warwick65]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Statute barred is a little more complicated and Lowell often argue that it starts from the time default. Technically it starts at a time when they can first take legal action which is usually one to two months after the first missed payment. This is then reset with either a payment or written acknowledgment. As you do not seem to be 100% certain of when the last payment was you need to be careful that was all I am saying.

I do wonder why two DN's were issued and wonder if it is possible a payment was made after the first one was issued which satisfied the notice and then the creditor needed to send another one

In my opinion, and in the opinion of others I know, you never tell a creditor what is wrong with their CCA response. Why would you tell them what is wrong and give them an easy chance to put it right - so no do not tell them what is wrong. They will know it does not fulfil a S78 request

Again NO do not send a follow up letter
[MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION]

[charitynjw]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

I wouldn't send a follow-up letter, that's for sure.
The documents sent in response to a CCA request must be complete & must be compliant.
If they get that wrong, that's their lookout.
But if given a heads-up, they can remedy their mistakes & can do so in their own sweet time (eg taking close on a year to respond to the June '16 request).

Btw, Lowells state in their letter that a copy of the s87 Default Notice was enclosed.
Was it?

[Cosmic Kitty]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Statute barred is a little more complicated and Lowell often argue that it starts from the time default. Technically it starts at a time when they can first take legal action which is usually one to two months after the first missed payment. This is then reset with either a payment or written acknowledgment. As you do not seem to be 100% certain of when the last payment was you need to be careful that was all I am saying.

Hi sorry for the delay in replying. I understand that Statue Barred can be difficult to work out so any help there would be greatly appreciated. I am 98.9% certain that I paid my last payment in November 2010.

I do wonder why two DN's were issued and wonder if it is possible a payment was made after the first one was issued which satisfied the notice and then the creditor needed to send another one

I am confused about this - As I am 98.9% certain that my last payment was paid in November 2010 there would be no reason for two default notices to be issued. The first default notice they say was sent to me on 17/05/2011 would fall within the correct time frame of 6 missed payments later.

In my opinion, and in the opinion of others I know, you never tell a creditor what is wrong with their CCA response. Why would you tell them what is wrong and give them an easy chance to put it right - so no do not tell them what is wrong. They will know it does not fulfil a S78 request

I only wondered if it may be worth while sending them another letter stating they have not fulfilled the s78 request as by the time they have fulfilled my request fully, the account will definitley be statue barred even going by their so called second default letter?

Again NO do not send a follow up letter
@charitynjw @Diana M[/QUOTE]

- - - Updated - - -

I wouldn't send a follow-up letter, that's for sure.
The documents sent in response to a CCA request must be complete & must be compliant.
If they get that wrong, that's their lookout.
But if given a heads-up, they can remedy their mistakes & can do so in their own sweet time (eg taking close on a year to respond to the June '16 request).

Btw, Lowells state in their letter that a copy of the s87 Default Notice was enclosed.
Was it?[/QUOTE]

[Cosmic Kitty]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

I wouldn't send a follow-up letter, that's for sure.

Hi, I only wondered if it may be worth while sending them another letter stating they have not fulfilled the s78 request as by the time they have fulfilled my request fully, the account will definitely be statue barred even going by their so called second default letter? and of course it will hold up their application for CCJ as their letter stated I have 14 days to reply and the 14 day will be 14 june 2017 last day before statue barred I think??

The documents sent in response to a CCA request must be complete & must be compliant.
If they get that wrong, that's their lookout.

Please can I ask, What should their reply be to be fully compliant with the CCA letter I sent?

But if given a heads-up, they can remedy their mistakes & can do so in their own sweet time (eg taking close on a year to respond to the June '16 request).

Btw, Lowells state in their letter that a copy of the s87 Default Notice was enclosed.
Was it?
All that they sent me was what has been added in the attachment files - Therefore I don't believe so. They have sent me a letter (a page with writing surrounded in black) to which I presume they are classing as a statement of accounts and the proof of a s87 default notice. is this right??

[charitynjw]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Please can I ask, What should their reply be to be fully compliant with the CCA letter I sent?

Because s78 CCA 1974 says so.

(1)

The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6)

If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement;F3. . .

[warwick65]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Hi again

The reason why now i would not send anything reminding them about the S78 request is that someone might pull the paperwork from the file and actually 'do' something such as issue a claim.

Looking at the dates of the two DN's, I suspect they might be one, an actual DN and another a statement of default

I think though that you could legitimately argue that if the DN sent in mid May was the trigger the account is now SB.

Even so, and from reading a post from Diana M recently many people make a mistake about just when the last payment was or last acknowledgment was - it is conceivable that by sending a follow up letter you could have reset the SB clock although once SB it can not become un SB'd

I really would sit tight at this point as far as they are concerned.

If you feel you need to be doing something then a SAR to the original creditor which would tell you exactly when the last payment to them was and the dates of default notices - that might settle your mind

I know , if it was me I would just sit tight and save a tenner - if anything crops up you would still have time to do that

[pt2537]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Statute barred is a little more complicated and Lowell often argue that it starts from the time default. Technically it starts at a time when they can first take legal action which is usually one to two months after the first missed payment. This is then reset with either a payment or written acknowledgment. As you do not seem to be 100% certain of when the last payment was you need to be careful that was all I am saying.

I do wonder why two DN's were issued and wonder if it is possible a payment was made after the first one was issued which satisfied the notice and then the creditor needed to send another one

In my opinion, and in the opinion of others I know, you never tell a creditor what is wrong with their CCA response. Why would you tell them what is wrong and give them an easy chance to put it right - so no do not tell them what is wrong. They will know it does not fulfil a S78 request

Again NO do not send a follow up letter
@charitynjw @Diana M

Weve just beaten the PRA group on limitation, they argued it ran from the date of the default, but the Court didnt accept this, the Judge asked "so if you dont serve a default for 20 years you can still sue" to which they replied yes, and that sank them.

Plus theres Glass v Swansea City Council.

Of course it depends on the contract too, some contracts have a clause that says they can terminate for any reason ala Brandon v Amex, so theres plenty of options to rely on