Lowell Portfolio I Ltd, Cohen Cramer

[Llouise]

Hi, I have read lots throughout this site and it has been a great help so far but I am now a bit confused. I would be very grateful if someone could advise.

I received a claim for a CCJ from Cohen Cramer and acknowledged the claim.

I sent a CPR 31.14 request.

I received a reply stating that Lowell will take a minimum of 45 days to comply and that I will have a further 14 days to file my defence.

I have submitted a request to the court for a further 28 days under CPR 15.5 but this only gives them 43 days yet apparently they need at least 45 plus 14 extra for me to file the defence. Do I file my defence before the 28 day extension is up or do I wait for Lowell to send the paperwork? I have their agreement in writing yet the court only seems to allow an extension for 28 days.

Many thanks

[Amethyst]

Re: Lowell Portfolio I Ltd, Cohen Cramer

They do try and make up their own timescales and you just try to use the court timescales to force the claimants to produce docs or discontinue. The Claimant should have had all the documents in their possession before bringing the claim so although you must appear reasonable to the court, you should stick to the rules and try make them do the same.

Yes the maximum agreed extension is 28 days - you stick with that, inform the court ( presumably you have seen the extension info in the library) and write back to Cohen and tell them that you will enter your defence on XX date ( 28 days after your original defence deadline ) and quote CPR 15.5.

Is this an overdraft claim ? ( just as you haven't mentioned sending a CCA request )

Also is it over or under £10k ?

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Great, thank you. That's what I thought but was a bit unsure.
It is under £10k but I am not sure about the CCA request. I would collect clients orders and order from the company to deliver to the clients. Last contact I had with them was regarding a delivery never received. I ended up telling them not to bother in the end as there was no profit in it and they couldn't deliver as promised and I had unhappy customers phoning me about an order I didn't have. The account had to be paid before the next order was sent out so my balance should have been £0. I never received contact from them until Lowell.

[Amethyst]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Like a Kleeneze / Avon type set up ? ( just to make sure I've understood correctly)

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Yes it was.

[Amethyst]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Okay cool.

Think we should have a bit more of a look at this as it's not going to be a bog standard ' no documents' case. These do run like catalogue accounts - but as goods aren't sent before payment it's a little different.

Do you have any of your original paperwork?

Any chance you can type out the Particulars of claim ?

It's Lowell so probably they have no idea of any background to this but its best to check everything before putting the defence in.

( carry on with your 28 day extension though that's not affected - just making sure you're on the right track defence wise.)

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

You didn't pay for the goods until about 28 days (I think it was) after receipt, before you could make the order the following month.

Unfortunately I have none of the original paperwork, I threw it all away a few years ago as I thought I didn't need it. The only thing I have found is emails to them regarding the delivery never received. I have tried accessing the account online but I can no longer gain access.

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 and a Default Notice was served (which I have never received) under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.
It states a date the debt was legally assigned and apparently I have been given notice. The claim includes statutory interest.

The thing is, even taking off the interest, I never at any point placed an order anywhere near the amount claimed. I know I do not owe a penny yet I cannot understand how they justify the amount, even mistakenly.

As they stated the account in the particulars I requested a statement (hopefully that is covered by CPR 31.14).

[Amethyst]

Re: Lowell Portfolio I Ltd, Cohen Cramer

How many years ago ? ( just is it over 6 years? )

Yes, send a CCA request - it would go to the Claimant - so Lowell. It does sound like they are treating it as a standard catalogue account.

Your CPR can ask for the agreement, the default notice and notice of assignment - that would go to Cohen Cramer. ( you've already done that I know, and yes asking for a statement of account is reasonable although may not get complied with)

I would also send a SAR to the original company - that will cost you £10 and take 40 days but will show you exactly what happened at the end of the account and will help in the future. ( http://legalbeagles.info/forums/show...ur-information )

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Thanks for your help.

At which point would I file an Unless order? Would it be after I have filed my defence or before if I have not received the disclosure paperwork?

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

I have just logged into MCOL having not received anything regarding my CPR 31.14 request and it now states 'A bar has been put in place on this claim. You cannot respond to this claim at this time.' Does anyone know what this means and why please? I had requested an extra 28 days, which their solicitor agreed to, and I informed the courts. The courts responded with confirmation. I should have until the 17th to file my defence.

[alexpn]

Re: Lowell Portfolio I Ltd, Cohen Cramer

Just interested to know what happened to this [MENTION=88040]Llouise[/MENTION] - am currently also dealing with Lowell 1 / Cohen Cramer.

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

I managed to file my defence and apparently it was been referred to my local court. Been waiting a couple of months to hear anything further, not sure how long it usually takes. How far have you managed to get with them? I have dealt with their solicitor via email to ensure they have no excuse and cannot deny receiving my letters. Although I received a response I still haven't received disclosure following my CPR 31.14 request.

[alexpn]

Re: Lowell Portfolio I Ltd, Cohen Cramer

I managed to file my defence and apparently it was been referred to my local court. Been waiting a couple of months to hear anything further, not sure how long it usually takes. How far have you managed to get with them? I have dealt with their solicitor via email to ensure they have no excuse and cannot deny receiving my letters. Although I received a response I still haven't received disclosure following my CPR 31.14 request.

Hi, I am a few weeks down the line of receiving the initial claims form, and have just requested CPR and CCA. My postal order was returned because they have pretty much already supplied all the account and agreement details during September - feeling like they have got me by the short and curlies really!

My defence is due in the next couple of weeks, the guys on here are amazingly supportive - but I am just preparing myself for a bump! My finances are a complete disaster in all honesty since losing my job, I am starting to wonder if bankruptcy might be a cheaper and less painful solution.

[Llouise]

Re: Lowell Portfolio I Ltd, Cohen Cramer

I'm sorry I can't be of more help, I'm still trying to get to grips with the system myself. I've not been anywhere near a court before so have no idea what to expect. I just wish they would hurry up and get it over with. Would a Debt Relief Order be another option? Good luck with your case.

[charitynjw]

Re: Lowell Portfolio I Ltd, Cohen Cramer

[MENTION=88040]Llouise[/MENTION]
Did you send a CCA request as suggested by Amethyst?
If yes, have they responded with compliant documentation?
[MENTION=93399]alexpn[/MENTION]
If the new owner of the alleged debt does not respond to your CCA request within 14 days (12 days + 2 postage) they cannot enforce it until they do comply.