smith v the lowell group & howard cohen & co solictors

[smith]

not sure about this 1 its a long time ago
as a lot of my accounts have been all over the place
being collected on .had a letter threatening court last from there solictor
then got this this year

issued date 13 may 2013 ( i got this on the 15 may )


particulars of claim

the claim is in the sum of
434.36 being monies due from
the defendant in respect of goods
supplied by the claimants predecessors
in-title

the defendant orderd the goods
through the mail order catalogue
provided

the charges for such items were applied
to the defendants account in
accordance with the terms and conditions of us

details of the purchases and the
details of agreed payment arrangements
have been provided to the defendant

the defendant defaulted with payment
and is liable the claimant claims the
sums of 434.36 which is inclusive of
intrest

court fees 30
solictors fees 50

[ODC]

Re: smith v the lowell group & howard cohen & co solictors

You need to acknowledge this asap and indicate that you will be defending it> Have you ever requsted a signed copy of a Credit Agreement

[FlamingParrot]

Re: smith v the lowell group & howard cohen & co solictors

If the claim was dated May 13 it's deemed served on May 18 (5 days are allowed for service). You then have 14 days to acknowledge service, taking you to the 1st of June. Given that this is a catalogue account, it's very likely there was never a signed credit agreement in the first place, so I'd say you should state you wish to defend the claim in full. You will then have a further 14 days to submit a defence. As you have recently been dealing with another claim, you should now be familiar with the process, using MCOL, etc. Now to the usual questions:

Did you ever send a CCA request for this account? If so, what was the response?
Did you get a default notice from the catalogue company? Which company was it?
Did you respond to the letter from Howard Cohen?
Have you got a Notice of Assignment stating the debt is now owned by Lowell?

[Celestine]

Re: smith v the lowell group & howard cohen & co solictors

OK as you have received a court claim, you can do a request pursuant to CPR 31.14


Claim Number XXXXXXX

Dear Sirs,

I request disclosure of documents referred to in your claim, pursuant to CPR 31.14.

1. Copy of the original credit agreement.
2. Copy of the original terms and conditions for that agreement.
3. Default Notice
4. Assignment Notice
5. Statement of Account.

I require inspection of these documents ahead of filing the defence , so I request that they are provided to me within 7 days.
If you are unable to comply with this request in that timescale, please let me know by return so that I may consider an appropriate timescale for extending the submission date for my defence.

Yours sincerely.....

(Send recorded 1st class delivery)

[smith]

Re: smith v the lowell group & howard cohen & co solictors

thanks in post in morn recorded delivery (did you get my pm )
just been on a site called noddle.co.uk
lowell defaulted the account in 208
thats all it says

[smith]

Re: smith v the lowell group & howard cohen & co solictors

If the claim was dated May 13 it's deemed served on May 18 (5 days are allowed for service). You then have 14 days to acknowledge service, taking you to the 1st of June. Given that this is a catalogue account, it's very likely there was never a signed credit agreement in the first place, so I'd say you should state you wish to defend the claim in full. You will then have a further 14 days to submit a defence. As you have recently been dealing with another claim, you should now be familiar with the process, using MCOL, etc. Now to the usual questions:

Did you ever send a CCA request for this account? If so, what was the response?
Did you get a default notice from the catalogue company? Which company was it?
Did you respond to the letter from Howard Cohen?
Have you got a Notice of Assignment stating the debt is now owned by Lowell?

cca was sent the debt collection company never sent any thing and kept the £1
no default notice ( thinks kays life style but not sure )
Howard Cohen sent the cpr letter celestine put on today
Notice of Assignment no

[smith]

Re: smith v the lowell group & howard cohen & co solictors

acknowledged the claim to day 17/05/2013

[FlamingParrot]

Re: smith v the lowell group & howard cohen & co solictors

cca was sent the debt collection company never sent any thing and kept the £1
no default notice ( thinks kays life style but not sure )
Howard Cohen sent the cpr letter celestine put on today
Notice of Assignment no

acknowledged the claim to day 17/05/2013

Well done! :clap2:

Let's see what their response it to your CPR request, by the sounds of it, they won't be able to provide any of the documents requested. It's important to keep an eye on the timescales because you don't want to run out of time to submit your defence. If they do not respond in a timely manner, then an extension of time will have to be agreed to file your defence under CPR 31.15.

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

I'm just saying because the Lowlifes are not known for doing the right thing or responding in a timely manner.

[smith]

Re: smith v the lowell group & howard cohen & co solictors

okay just phoned there solictor as i have had no response from the letter in post n0 4

i asked for xtra 28 days as they have not sent the information i requested to me
the bloke said what letter we have not had a letter from you ,royal mail.must still have it
but he said when i fulled the acknlogement form in it gives you the 28 days he said i have untill the 19 june.. he said have you checked to see if the letter was never signed for cos we havent got it
confused .com they haveing a joke ffs



lewis group got solictor involved

why do they always play mined games

[FlamingParrot]

Re: smith v the lowell group & howard cohen & co solictors

Did you send the letter Recorded Delivery as Cel advised? If so, you should be able to track it on the Royal Mail website. Have you checked to see if it was signed for? :confused2:

Yes, you have 28 days but that's for you to prepare your defence based on their documents, not for them to provide the documents, they should have provided them within 7 days as stated on the letter.

[smith]

Re: smith v the lowell group & howard cohen & co solictors

Did you send the letter Recorded Delivery as Cel advised? If so, you should be able to track it on the Royal Mail website. Have you checked to see if it was signed for? :confused2:

Yes, you have 28 days but that's for you to prepare your defence based on their documents, not for them to provide the documents, they should have provided them within 7 days as stated on the letter.

yes it was sent recorded check royal mail and yes they have they singed for it
phoned them back up said letter not showing on there sytem they will check into it and get a letter back from them they said they will request the information in the letter and just have it befor 19 june
i said i need a xtra 28 days to vue papper work when you get around to sending me it
he said acknolgement form on line gives me an xtra 28 days he said i should get it before 19 june
i said what if i dont recve it by 19 june he said then you need to phone us back up

minde games ffs

[FlamingParrot]

Re: smith v the lowell group & howard cohen & co solictors

yes it was sent recorded check royal mail and yes they have they singed for it
phoned them back up said letter not showing on there sytem they will check into it and get a letter back from them they said they will request the information in the letter and just have it befor 19 june

That is absolutely disgraceful! :rant: :rant: :rant:

So they are saying your letter requesting documents is not showing up on their system, but they are going to request the information on the letter they allegedly never received... :confused2: :confused2: :confused2:

How do they know what documents you requested if they haven't got the letter? :noidea:

i said i need a xtra 28 days to vue papper work when you get around to sending me it
he said acknolgement form on line gives me an xtra 28 days he said i should get it before 19 june
i said what if i dont recve it by 19 june he said then you need to phone us back up

minde games ffs

If you haven't got the documents, they'll have to agree to an extension of time as noted on post 8, but the court has to be notified in writing. :typing:

[smith]

Re: smith v the lowell group & howard cohen & co solictors

That is absolutely disgraceful! :rant: :rant: :rant:

So they are saying your letter requesting documents is not showing up on their system, but they are going to request the information on the letter they allegedly never received... :confused2: :confused2: :confused2:

How do they know what documents you requested if they haven't got the letter? :noidea:

If you haven't got the documents, they'll have to agree to an extension of time as noted on post 8, but the court has to be notified in writing. :typing:

ok were do i go with this now



i agree with you flamingparrot
i had to tell him what documents i am requesting royal mail showing they had the letter and signed for by them ... and he stated the account will be on hold untill the 19 june

ps
used to get phone calls of a company called lewis group all hours of day untill after tea time
but i have never had any letters of lewis group at all.....and lewis group got the solictor involved
as they said ill put you through to lewis group i sad no i need to speak to the solictor on court papers says global arrow i had this problem last time with them and cel sorted that out...

had enough of the jokers

ok were do i go with this now

will the xtra 28 days start from when i acknolged the claim on line
or would it be 28 days from phone call with them today

[Celestine]

Re: smith v the lowell group & howard cohen & co solictors

Hi Smith

Don't panic matey

OK, they are playing hardball by pretending that you cant extend the defence. You can under CPR 15.5.

Right what solicitors are they using? I might be able to persuade them to play nicely in the sandpit with the Litigant in person.

This is exactly what happened on Yugiohs thread, so don't worry, as you say, its just mind games.

[FlamingParrot]

Re: smith v the lowell group & howard cohen & co solictors

will the xtra 28 days start from when i acknolged the claim on line
or would it be 28 days from phone call with them today

The 28 days are from when you acknowledged the claim, but it is possible to agree an extension as noted above so don't panic and trust Cel! :yo: