**DISCONTINUED** HELP - CC Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Sols

[MIKE770]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

directions from the court will arrive i..e. judges directions for both parties

[charitynjw]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

It would also be advisable to prepare a Witness Statement.
Examples per [MENTION=6]Amethyst[/MENTION]
http://www.legalbeagles.info/forums/...ness-Statement
Label all your supporting evidence (ie letters etc written by you and anything they (Claimant/sols) have sent to you) which you are evidencing; Exhibit ts1, Exhibit ts2 etc, & cross refer with the WS.
3 copies of all; 1 to court, 1 to Claimant's sols, 1 for you.
If you can, arrange with Claimant's sols for document swap to be simultaneous.

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Thanks for the advice [MENTION=5553]charitynjw[/MENTION]

Would it be ok to post a copy of my witness statement on here to have it proof read once its complete?

I'm dealing with Lowell solicitors so getting them to agree to a simultaneous document swap might be difficult, but I will try and see what I can do.

Thank you so much for the advise and tips.

[charitynjw]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Would it be ok to post a copy of my witness statement on here to have it proof read once its complete?

.

Yep, no problem.

[Little Nelsky]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

I received a letter from the courts today. The letter was titled 'Notice of Allocation to the Small Claims Track (Hearing)'

The letter states:



It then goes on to discuss the process of mediation. I had already been advised to go through mediation. After speaking with the mediator they had advised for my case to be passed back to the small claims track as I still had insufficient information from the claimant. The rest of the letter details the process of the small claims track and ends with a hearing date of 14 March. It says Lowell need to pay £25.00 hearing fee by 14 February.

I'm assuming at this stage I do not need to do anything until the hearing? It does say I need to provide the other party and the courts with copies of any documents we may rely on at the hearing. I guess thats simple enough - copies of all the letters I sen along with the proof of postage...

My letter says lowell have to pay court costs of £80 by 24th January, is this because it is differing amounts being claimed I wonder.
I think mine and yours case must be in the same stack lol!!

Better prepare my witness statement then, Something tells me they will pay the costs. My witness statement doesn't really contain any evidence other than fact!

[Diana M]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

the letter details the process of the small claims track and ends with a hearing date of 14 March. It says Lowell need to pay £25.00 hearing fee by 14 February.

I'm assuming at this stage I do not need to do anything until the hearing? It does say I need to provide the other party and the courts with copies of any documents we may rely on at the hearing.

What that means is you have to file your WS and any Exhibits before the hearing.

Does it give a specific date or does it say "14 days before the hearing" ?

It's not a letter it is a court Order and if you don't comply with it (file your WS by any deadline) then your Defence may be struck out.

Di

[charitynjw]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

My letter says lowell have to pay court costs of £75 by 17th January, is this because it is differing amounts being claimed I wonder.
I think mine and yours case must be in the same stack lol!!

Better prepare my witness statement then, Something tells me they will pay the costs. My witness statement doesn't really contain any evidence other than fact!

??
See post #58

[Little Nelsky]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

OK £80 by 24th, was remembering off the top of my head. So I wonder why Lowell have to pay £80 instead of £25. My apologies!! An extra week to wait!! Lucky I wasn't over estimating and missing deadlines hey!!

[charitynjw]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

OK £80 by 24th, was remembering off the top of my head. So I wonder why Lowell have to pay £80 instead of £25. My apologies!! An extra week to wait!! Lucky I wasn't over estimating and missing deadlines hey!!

http://formfinder.hmctsformfinder.ju...k/ex50-eng.pdf

[Little Nelsky]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Well thats me out the game anyway. Lowell have finally contacted me with the CCA information in which it states my dafault notice was june 2011. I decided to call 'Very' as I knew my last payment was a token payment of £10 on 2/10/10.

Very tell me that I fell intp arrears in Feb 2011 by £5 and by may all my account became due. They say that although I may have had payments to be made in 2011, they do not show on the system, the 4 random payments I made in 2010 were just that, random payments and that because they can't go back before 2010 to see what I bought I have to go though and raise a formal complaint to get all archived documents and letters to prove I was indeed in arrears, I will have already been to court by this time.

UPDATE: Still going to court, Lowell have already added the fees for next week onto my bill but would like me to pull out early, which admits this is not statute barred and liability. I refused because although I don't know if I can win, and the evidence shows that Very did not default until later, I still dispute whole heartedly that it is statute barred, therefore even if I lose I'm not admitting it, and also if Lowell are making me pay for court, then we can go.

I'll send what I can, proof of last payment being prior to 6 years, proof original debt has already dropped from all 3 credit reports, proof that the number of default charges are far more than the 4 months they are claiming the account was in arrears for. Either way, you never know but I'm not paying for a day out and then not going

Also will be reporting them for harrassment regarding this specific debt as I believe throwing 3 different solicitors in the ring and not responding to any notices until this point is over kill in the 3 months this has been going on. I kept every letter I wrote and recieved with proof of postage and signatures of receipt.

Good luck [MENTION=91388]titanicsuite[/MENTION]

[Little Nelsky]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

@titanicsuite

How did you do? Have you been to court yet??
I was at court yesterday and I won!! To think I nearly gave up!! A special thanks to Lowell for being really awkward that day and choosing to add the court costs before it even went to court else i may have quit. But the day out was payed for so I decided to go. Go spent a few days putting together evidence for the court and pulling apart as much of theirs as I could. From them choosing not to supply data, keep changing solicitor said it was harrassment, pointed out they had not nor ever supplied a default notice or evidence of one. I even sent evidence I'm not even sure really was but since they were relying on the judge not to know the law I had to attempt everything I could to.

Wasn't sure how it would go since they applied to court only 8 days past the 6 years since last payment mark and obviously this is not forced to be the date. BUT it was great, Lowell Lady told me how nice the judge was, but I was still expecting a moral telling off about paying my debts no matter how it went.

Went in, sat down and I barely had to say anything, the judge just layed in to the girl from Lowell solicitors about not having a copy of a valid default notice, she tried in vain to tell him the screen shot from very saying one was sent was proof but he kept shutting her down. He said, OK so if I tell you I sent a claim form but no one has a copy is that proof of a claim, is that proof it was filed correctly. Can you prove this default was sent, can you prove is was undertaken in the proper manner. She (me) says statute barred, maybe if you'd brought this a week earlier we wouldn't be having this conversation, but you didn't. Then he turned to me and said, in your evidence you acknowledge lowell solicitors sent a letter saying it included a default notice, but you didn't include a default notice, where is it, I said they didn't SIR! and he looked back at the lowell woman, and went well where is it, you have no right to bring a claim against someone to court unless a proper default notice was given, you can't evidence that and without one there is no default, so I don't know why your are here. GOODBYE!!

That was pretty much it, a little more response from Miss Lowell but I swear.... BEST 5 MINUTES EVER!! It was so hard to be graceful about it lol!!

Moral of the story, don't let them bully you into submission, they so nearly did with me, it was only because I didn't want to pay court fees if I werent gonna go.

I really really hope you succeed too!!!!

[charitynjw]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Well done, [MENTION=93026]Little Nelsky[/MENTION].
Did you ever start your own thread?

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Oh wow @Little Nelsky that is amazing, well done it must have been so satisfying after all those weeks of stress!!!

You must have had some influence on Lowells because today I have received a letter from Lowell Solicitors. The letter says:

We have been instructed by our client to discontinue. This means that no further legal action will be taken, and we have informed the court that the upcoming hearing does not need to take place.

They attached of copy of the Notice of discontinuance N279 which they have filed with the court. I will call the court on Monday morning to check that they have actually done this as I've not received anything from the court as of yet!

So I guess this is good news but what does it really mean? Will they stop hassling me now? And is there any way I can get this taken off my credit report?

[MIKE770]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

give the court 5 days to do their filing before ringing

[Little Nelsky]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

I didn't start my own thread, sorry!! This just mirrorred mine, apologies if that's not the way :-)

I asked the lady about my credit report and she said to give Lowell 2 weeks but that they should automatically remove it. For me it is now officially stat barred so even if they sell it, no one can force payment.

Ha I'd love to think I had some influence, I still can't believe it!! Me and my daughter joke that if it wasn't for bad luck we'd have no luck... but perseverance and a judge that actually seemed sick of Lowell may have helped.

I'm so happy for you and I hope you definitely don't have to go to court!! I like the fact that they have actually had to pay court costs for their time with no reward.