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

[titanicsuite]

Hello I hope I am posting this in the right place! Sorry if this is the wrong place to post!

I received a county court claim form from the county court business centre in Northampton. The Claimant was Lowell Portfolio I Ltd and the address for sending documents is Cohen Cramer Solicitors.

The Particulars of the claim are:

The claim is for the sum of £267.17 due by the Defendant under a non-regulated The Sigma Financial Group Limited account with an account reference of XXXXXXXXXXX. The Defendant failed to make contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on 12/Nov/2015, notice of this has been given to the defendant. The claim includes statutory interest under S.69 of the Count Courts Act 1984 at a rate of 8% per annum form the date of assignment to the date of issue of these proceedings in the sum of £17.80. The claimaint claims the sum of £284.97.

I've never had any dealings with Lowell Portfolio or Cohen Cramer or The Sigma Financial Group so I was really shocked and worried to receive this. The issue date was 13 SEP 2016. I went online and acknowledged the letter with the courts but I haven't filed a defense yet because I don't understand how to defend myself against something that I don't know about!

I wrote a letter to Cohen Cramer requesting a copy of the agreement under CPR 31.14 (I found a letter template on another website but I think the ones on here are more useful now I wish I found this site before!)

Anyway I received a response form Cohen Cramer today which stated:

..........The above debt relates to a T-Mobile account that was opened on the 9th June 2009.
A Last payment of £162.00 was made towards the account on 31st August 2010.
The original debt was for £267.17 and with legal expenses and interest added, the balance now stands at £359.97.
We hope the above information helps to clarify the account. We note from our records that you have not responded formally to the Claim Form. As such please can you respond formally to the Claim Form within the next 7 days. If you do not respond to the Claim Form within the above specified time period, then our client may obtain a Default County Court Judgment against you without further notice.
If you have any questions please contact us.
Kind regards....

Now I'm very confused. My letter to Cohen Cramer requested for the agreement but they have just sent through a letter. Do I now contact Lowell or The Sigma Financial group(Whoever they are) or T-Mobile and ask for the agreement? I read on another site I can do that and enclose a £1 postal order but I feel like I don't have time to do that as I need to get my defense in by Next Friday 14th!

Also what do they mean by responding to the claim formally within 7 days? I already did that through the court! Do I need to send a separate letter to Cohen Cramer stating that I deny any debts to them and I am trying to defend myself?

Sorry to give so much information I'm just feeling very nervous and anxious as I have never been to court or done anything like this and I'm unsure if I'm doing this correctly. Should I get a solicitor if they do take me to court?

If anyone has any advice I would be over the moon! Thank you so much!

[nemesis45]

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

Good afternoon, welcome to LB.

Sigma would have acquired the alleged debt from T-Mobile and has then it seems sold It on to Lowell.

Did you have a T - Mobile account?

Mobile Phone contracts are not credit accounts they are service contracts not regulated by the Consumer Credit Act 1974 (as amended) so there is no point is send a CCA request and the £1 statutory fee.

You should send Cohen Cramer a request under the provisions of Civil Procedure Rule 31.14 (no fee) this is for a copy of documents mentioned specifically in the Particulars of Claim.

e.g. an agreement/contract, a notice of assignment a default notice only if they are mentioned in the POC on the N1 claim form.

There's a template in the green box at the top of the " received a claim ) forum page.
Use signed for post and send to Cohen Cramer.

Have you now acknowledged service of the claim? If not do it Now on MCOL see instructions on the court forms.

It might help to clarify matters if you check your credit reference files to see if this account appears and what has been recorded. (you can check Noddle Free Online)

nem

D

[titanicsuite]

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

Hi thank you so much for your quick reply.

Just to clarify I did have an account with T-Mobile from about 7 years ago but to the best of my knowledge this was fully paid off in full but I didn't really keep any records as such I remember a few years ago going through some old paper work when I moved house and shredding lots of old documents because I didn't expect I would need them again!

I checked my credit report and it does appear on there under:
Lender: Lowell
Balance: £267
Status: Default
Account Type: Telecommunications Supplier
Date of default: 10/03/2011

I sent Cohen Cramer the request under 31.14 but the letter they gave sent back was the one I quoted on my first post which to me didn't make sense :S

I have acknowledged the claim on MCOL so Im confused about the 7 days that they have mentioned in thei letter they sent to me..

[nemesis45]

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

Hi thank you so much for your quick reply.

Just to clarify I did have an account with T-Mobile from about 7 years ago but to the best of my knowledge this was fully paid off in full but I didn't really keep any records as such I remember a few years ago going through some old paper work when I moved house and shredding lots of old documents because I didn't expect I would need them again!

I checked my credit report and it does appear on there under:
Lender: Lowell
Balance: £267
Status: Default
Account Type: Telecommunications Supplier
Date of default: 10/03/2011

I sent Cohen Cramer the request under 31.14 but the letter they gave sent back was the one I quoted on my first post which to me didn't make sense :S

I have acknowledged the claim on MCOL so Im confused about the 7 days that they have mentioned in thei letter they sent to me..

The 7 day bit is of no relevance now you have acknowledged service of the claim this gives yo 28 days from the date the claim was Issued to file a defence.

This I think may be an early cancellation fee it happens often that people pay of their phone bill and decide not to use the account again without properly terminating the account and get slapped with the fee.

How long ago was this account defaulted ( date on credit file)

nem

[titanicsuite]

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

Ok thanks for clarifying that and it makes sense I suppose, it could be in relation to a cancellation charge, but surely they would have sent me some sort of correspondence if it was? If I owed someone money I would happily pay it, but I just don't understand what this relates to its so frustrating.

The credit file says the date of default is 10/03/2011

What do you think would be the best thing to do now? Should I contact the solicitors again requesting for further info or should I file my defense? I don't know how to even start writing a defense :S

Thank you so much for the advice so far!

[nemesis45]

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

Ok thanks for clarifying that and it makes sense I suppose, it could be in relation to a cancellation charge, but surely they would have sent me some sort of correspondence if it was? If I owed someone money I would happily pay it, but I just don't understand what this relates to its so frustrating.

The credit file says the date of default is 10/03/2011

What do you think would be the best thing to do now? Should I contact the solicitors again requesting for further info or should I file my defense? I don't know how to even start writing a defense :S

Thank you so much for the advice so far!

Usually a Final Invoice is sent out when an account is terminated if that's not paid phone providers are quick to register defaults and sell on the alleged debt.

At the moment I think you are unaware of any such debt as you believe the account was closed and paid in full.

It might be worth phoning the phone provider to see if they can throw some light on exactly what has happened.

nem

[titanicsuite]

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

Thanks again! I will try and contact T-Mobile now and get some further clarification. Would I need to do this in writing or do you think it would be fine to call them?

Also should I be contacting Cohen Cramer Solicitors and letting them know I'm taking this up directly with T-Mobile now?

Thanks again and sorry if my questions seem obvious I just want to make sure I'm doing everything correctly and this is all very new to me!

[nemesis45]

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

Thanks again! I will try and contact T-Mobile now and get some further clarification. Would I need to do this in writing or do you think it would be fine to call them?

Also should I be contacting Cohen Cramer Solicitors and letting them know I'm taking this up directly with T-Mobile now?

Thanks again and sorry if my questions seem obvious I just want to make sure I'm doing everything correctly and this is all very new to me!

Call is not a problem at this stage they have no interest the debt anymore.

nem

[titanicsuite]

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

Hi sorry for the slow response I've been suffering from a cold/flu as well as having a week from hell at work!!

I did call T-Mobile who are now EE. The man I spoke to at first wouldn't answer any questions because I was unable to answer the security questions. He spoke to the collections team who told him that this was such an old account that they no longer have full details as it has been sold off to another company (DCA) and that EE would not be able to accept any payments for this particular account. He then gave me the phone number for The Sigma Financial Group and said I should deal directly with them. He wasn't able to answer any questions about what the outstanding balance was in relation to.

I'm now feeling very confused. After receiving the County Court Claim Form I initially sent a letter to both Lowell and Cohen Cramer (their Solicitors) requesting original documents under CPR31.14.

Cohen Cramer sent a typed letter just stating that the account was with T-Mobile.
Lowell sent a letter stating that they have passed this over to Lucas Credit Services Ltd who are handling the County Court proceedings on their behalf.

My biggest concern is that I need to file my defense tomorrow!!!

What should I do? I have still not clarification from anyone about what this debt is in relation to just the fact that its from a T-Mobile account from nearly 8 years ago. T-Mobile (now EE) don't want to discuss it with me. Lowell have said they have passed it over to someone called Lucas who have yet to make contact with me and Lowells Solicitor just state that its a T-Mobile account?

Feeling very confused and like I'm just being given a the run around by everyone involved.

If anyone can give advise on how to file a defense on this It would be hugely appreciated.

Thank you!

[titanicsuite]

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

I've started off with this as my defence:

1. I received the claim XXXXXXXX from the Northampton County Court on 23/09/2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

4. The particulars of claim fail to state when the agreement was entered into.

5. The Claimants statement of case states that the account was assigned from The Sigma Financial Group Limited to Lowell Portfolio 1 Ltd on 12 Nov 2015. The Defendant does not recall receiving notice of this assignment.

6. It is denied that The Sigma Financial Group Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7. On the 29.09.2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement.

8. Cohen Cramer Solicitors have not sent any of these documents to me.

9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

10. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

11. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

12. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

Does that seem ok? Although Cohen Cramer have not provided any evidence of this they have sent a typed letter stating that it was for T-Mobile. So would this mean I cannot mentioned the consumer credit act 1974?

Thanks

[nemesis45]

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

Telecoms contracts are service contracts not regulated by CCA 1974 so no sect 87 default notice applies, a final invoice/statement is usually issued which lays down the consequences of not paying within a certain time.

Titan there's nothing here that amounts to a defence, was there any dispute or complains in regard to the account.

Is the debt on your credit file: ? Noddle is Free Online.

When was the last payment made? When was the account defaulted ( Credit files will be useful here)

nem

[titanicsuite]

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

Thank you for the reply Nem.

Yes it is on my Credit file:

Lender: Lowell
Balance: £267
Status: Default
Account Type: Telecommunications Supplier
Date of default: 10/03/2011

The letter from Coehn Cramer says that last payment was made on 31st August 2010

[nemesis45]

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

Thank you for the reply Nem.

Yes it is on my Credit file:

Lender: Lowell
Balance: £267
Status: Default
Account Type: Telecommunications Supplier
Date of default: 10/03/2011

The letter from Coehn Cramer says that last payment was made on 31st August 2010

Hi,

I'd be inclined to argue that the debt is statute barred and the claim was not made in time.

The argument will be I suspect that an Appeal Court Judgement in BMW Finance - v - Hart means that the default date is the start of the relevant 6 year period but this judgement was in regard to a regulated HP contract.

If no payments were made to any party after 31/08/10 then the debt is stat barred, this could / should be in your defence in my opinion.

nem

[titanicsuite]

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

Thanks for the feedback. Would something like this be ok or is it too limited?

1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 but the claimant has failed to comply with this request.

4. Accordingly the Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

[nemesis45]

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

Thanks for the feedback. Would something like this be ok or is it too limited?

1. The Defendant has not acknowledged the debt or made any payment in more than 6 year.

2. The Defendant avers that the alleged debt is statute barred under the provisions of section 5 of the Limitation Act 1980., as evidenced by the claimant that the last payment was made on date....

3. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 but the claimant has failed to comply with this request.

4. Accordingly the Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

Just tidied and a bit more formal.

nem