Lowell Portfolio I Ltd, Cohen Cramer

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

No, unfortunately I didn't get round to the CCA request at the time so thought it would be too late.

[charitynjw]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Not too late yet.
Send one asap.
Don't forget the £1 fee (PO is good) & proof of postage.

[Llouise]

Lowells

I have received a court date for my case with Lowell. It is apparently for money owed to a cosmetics company. I have previously requested disclosure using CPR 31.14 and have received nothing but empty promises. The court order does state 'The documents filed and served by the Claimant shall include a copy of the credit agreement, a copy of the default notice and a copy of the letter of termination' so I am assuming that I should receive them by the 11th as stated.
I know that I do not owe them anything and have found previous emails to the company regarding the final delivery never having been received, I was in all day and there wasn't even a knock at the door or a card yet the courier stated 'delivered'. The company took so long in dealing with it that I had angry customers calling me on my mobile regarding their delivery (They only paid upon delivery) so I didn't bother contacting the company further as I didn't want to face the customers and changed my mobile number as I didn't know how to deal with it. Next thing I know I have a court claim from Lowell.
I am unsure how to continue with my witness statement. Would these emails be any use as evidence as I do not have any paperwork from the actual company anymore. Or do I continue down the disclosure route?

Many thanks

[MIKE770]

Re: Lowells

@dianaM [MENTION=1937]nemisis[/MENTION]45

[Diana M]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Hello Louise

I see you've started a new thread on this claim today but I'll reply here to keep everything in one place > http://www.legalbeagles.info/forums/...798#post698798

I have received a court date for my case with Lowell. It is apparently for money owed to a cosmetics company. I have previously requested disclosure using CPR 31.14 and have received nothing but empty promises. The court order does state 'The documents filed and served by the Claimant shall include a copy of the credit agreement, a copy of the default notice and a copy of the letter of termination' so I am assuming that I should receive them by the 11th as stated.
I know that I do not owe them anything and have found previous emails to the company regarding the final delivery never having been received, I was in all day and there wasn't even a knock at the door or a card yet the courier stated 'delivered'. The company took so long in dealing with it that I had angry customers calling me on my mobile regarding their delivery (They only paid upon delivery) so I didn't bother contacting the company further as I didn't want to face the customers and changed my mobile number as I didn't know how to deal with it. Next thing I know I have a court claim from Lowell.
I am unsure how to continue with my witness statement. Would these emails be any use as evidence as I do not have any paperwork from the actual company anymore. Or do I continue down the disclosure route?

Many thanks

When is the hearing date and what is the deadline for you to file your WS?

You've referred to a Court Order stating that the Claimant must file specific (by name) documents by the 11th January. Does it say what will happen to them on that date if the Order is not complied with?

Earlier in your thread you mentioned a potential application for an Unless Order, did you go ahead with that (seeking a strike out)?

Or was this "Order" simply the Directions from the court as part of the Notice of Hearing telling both parties they must file a WS with any evidence they intend to rely on by 11th January?

Di

[Diana M]

Re: Lowells

I've replied on you other thread which has the history of this claim.

If you ask [MENTION=49370]Kati[/MENTION] she may be able to merge the threads for you >

http://legalbeagles.info/forums/show...895#post698895

Hello Louise

I see you've started a new thread on this claim today but I'll reply here to keep everything in one place > http://www.legalbeagles.info/forums/...798#post698798

When is the hearing date and what is the deadline for you to file your WS?

You've referred to a Court Order stating that the Claimant must file specific (by name) documents by the 11th January. Does it say what will happen to them on that date if the Order is not complied with?

Earlier in your thread you mentioned a potential application for an Unless Order, did you go ahead with that (seeking a strike out)?

Or was this "Order" simply the Directions from the court as part of the Notice of Hearing telling both parties they must file a WS with any evidence they intend to rely on by 11th January?

Di

[Diana M]

Re: Lowell Portfolio I Ltd, Cohen Cramer

You posted on 29th October 2016 that you didn't send the CCA Request even though the POC say the agreement was regulated by the CCA.

Did you do then send a CCA Request as advised, and if so what have you received in response (if anything)?

No, unfortunately I didn't get round to the CCA request at the time so thought it would be too late.

Not too late yet.
Send one asap.
Don't forget the £1 fee (PO is good) & proof of postage.

Posted 14th July 2016 >

The particulars state the amount under an agreement regulated by the Consumer Credit Act 1974 for the company so maybe I can send a CCA? Who would I send it to? It gives the account number.

It states that I 'failed to maintain contractual payments required by the agreement

Di

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Thank you for your reply. Unfortunately my youngest was seriously ill and in and out of hospital so it hasn't been a priority, I didn't get round to sorting a CCA request. We haven't had the £200+ spare to file an unless order.
It is directions from the court and it states that it's an 'order' made by the judge.
The court date is the 13th and all evidence and witness statements have to be sent to the court and other party by the 11th. Is there anyway to defend it or is it too late? Many thanks

[Diana M]

Re: Lowell Portfolio I Ltd, Cohen Cramer

I didn't get round to sorting a CCA request. . . .

The court date is the 13th and all evidence and witness statements have to be sent to the court and other party by the 11th.

I'm sorry to hear your child has been poorly - I do hope they're on the mend now.

Are you certain about those dates? If the hearing is listed for 13th January normally the WS must be filed at least 14 days before not 2 days before.

Have you received a WS from the Claimant yet?

Or do you mean the hearing is listed for 13th February? If so then there is still time to send a CCA Request because that may be your saving grace when you get to court (albeit I've not read through your thread to know the full background).

Di

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Thank you, he had surgery just before Christmas but almost back to his usual self.
I thought the same but it's definitely the 11th for the witness statement and documents that each party intends to rely on and the hearing is on the 13th of January. Apparently Lowell also need to pay £55 by the 11th for the case to be heard.
I have not received anything from the claimant, not even a copy of their directions questionnaire.

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Under CPR 27.4 it states:
a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing.

Is there anything I can do about the direction only requesting all papers 2 days before the hearing on the 13th of January? Surely the hearing should be at least the 25th of January?

Thanks

[Diana M]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Call the court to check there wasn't a typo in the Directions.

Draw their attention to only two days between WS and hearing date.

If it's not a court admin error then your WS is due on Wednesday by 4pm.

Di

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

I will do, thanks. I am just getting my witness statement together. Lowell have until Wednesday to pay the hearing fee so hoping they don't, I'm absolutely petrified at the thought of going into a court.

[Diana M]

Re: Lowell Portfolio I Ltd, Cohen Cramer

You still haven't clarified whether or not you've sent a CCA Request. If not then you MUST do that today.

If the hearing is listed for Friday and the WS deadline is Wednesday then you're not doing yourself any favours by leaving it so late.

Di

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

I have sent it but as it has not given them the 12 days to reply can I use it as defence?