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Cohen Cramer / Lowell Portfolio

bewildered asked:

Morning everyone, hope I’ve posted this in the right place but just looking for advice really. I’ve been receiving correspondence from Lowell then recently Lucas Credit out of the blue for the last 12 months. It’s for a debt I don’t recognise and in each case I’ve sent them a written letter for proof but had little response from them other than the debt is owed. Today a letter has been received from Cohen Cramer Solicitors entitled Notice of Pending Legal Action.

What should I do? You help here would be greatly appreciated. As I don’t know what the debt is supposedly for and from when I’m reluctant to go ahead and pay it off.

The letter received is as follows:

Dear XXXXXXXX

Our Client: Lowell Portfolio I Ltd
Account Number: XXXXXXXXX
Amount Due: XXXXXXXX (Less that £1000)

You have recently been contacted by Lucas Credit Services about this account but you have not responded to their letter. As a result of this Lowell Portfolio I Ltd has now instructed us to issue a Claim against you in the County Court in respect of the debt.

Should you fail to respond to this letter or make payment of £XXXX within 14 days of the date of this letter a Claim will be issued in the County Court without further notice in order to obtain judgement against you.

If legal proceedings are issued additional costs and interest will be added to the debt which you may be responsible for, as follows:-

Current Debt £Xxxxxx
Potential Court Fees £60.00
Potential Solicitors Costs £70.00
Potential Debt £XXXXXXX

Please note that an amount for interest will also be added to the balance claimed and details will appear on the claim form.

Certain procedural rules govern claims in the County Court and the conduct of the parties prior to the issue of proceedings. A failure to follow those rules may result in the Court imposing sanctions for non-compliance. Details of rules relating to pre-action conduct can be found at:

To make payment of £XXXXX and prevent a claim being issued against you please contact our clients agent:-

Lucas Credit Services Tel
Email

Tiggy replied:

If you’ve received a Letter before Action (ie threatening a CCJ) you can respond using the County Courts Pre Action Conduct – Request for Further Information. If they commence proceedings against you without responding, in full, to your request, you can apply to the Courts to Stay the Claim until they do respond.

Look at the link there’s a letter on here you can adapt and send.

viewtopic.php?f=5&t=85066&p=419344#p419344

williams2583 replied:

You could also ignore and see if they follow through,after 12 mths and they have not done anything smacks of lack or no evidence.

bewildered replied:

Brilliant, many thanks. Actually saw this a few moments ago from yourself on another post. I’ll get that out today.

As I say I don’t have an issuing paying it back, but I haven’t a clue what it refers to.

bewildered replied:

I’m in the mood for fighting them 🙂

petesomething replied:

dont give in, i almost did but i won in court

jonnyd46 replied:

Really stinks of having no evidence!

bewildered replied:

Well the letter has now gone so they should have it tomorrow. I assume they can’t proceed with county court until they’ve responded to my letter then?

Tiggy replied:

Allegedly, but if you look right to the beginning of the thread with the letter on Cohen’s ignored my letter and now it’s stayed, until they comply ‘in full’ with the letter. The Courts REALLY don’t like their rules being messed with!

bewildered replied:

Afternoon everyone, sorry for dragging this one up again but wonder if anyone could help.

So as you can see back in February of this year I received a Letter before action from Cohen Cramer solicitors regarding a debt with Lowell Portfolio. On the 1st Feb I responded With the a request for further information letter.

I received a response from Cohen Cramer on the 3rd Feb stating they had received that request and that they had notified their client Lowell Portfolio regarding this and that their client “had given them a minimum of 45 days from the date of my request to send you the documents you require”. It then goes on to state that the account was now placed on hold.

On a letter dated 21st June they finally responded (a little more than 45 days later) with a letter enclosing the copy of credit agreement (not signed), notice of assignment (not a certified copy) and statement of account.

I responded back to Cohen Cramer on the 5th July advising that they had failed to respond to by request for further information by not providing the original signed credit agreement, certified copy of the default notice, a copy of the legal / absolute assignment of agreement, certified copies of how I was severed the alleged legal assignment and certified copies of the alleged notice of assignment.

On the 6th if July I received another response from Cohen Cramer. It reads as follows:

Thank you for your letter dated the 5th July. We would like to reiterate the points made in our letter dated the 21st June 2016. We have provided you with all the documents our client has supplied in relation to your document request. Our client would prefer to come to a settlement agreement without commencing legal proceedings. As such, please can you contact our clients collection agent, Lucas Credit Services, to discuss any proceedings. If we do not hear from you within the next 14 days our client may instruct us to commence legal proceedings.

This morning I have now received a claim form from Northampton County Court. I have already popped online and completed the Acknowledgement Of Service.

My question is, what’s the next step? If Lowell/Lucas Credit/Cohen Cramer were sending this to county court, as in their 3rd Feb letter they had stated they were placing the account on hold should they have sent a second Letter Before Action? What should be my defence and how do I submit this?

Thanks

petesomething replied:

most people lose by not going to court, cohen cramer are a joke most of the time they dont even have a case.

Faljay replied:

Hi,

No they have already sent a letter before action, so they’re covered.

Go here for a step-by-step guide to receiving a court claim:

viewtopic.php?f=7&t=80549

Take Care and Good Luck.

😀

bewildered replied:

Thanks for all the help on this one. So just an update on this one. I sent a CPR18 to Cohen on the 9th August which arrived the 10th August which they have no responded to. No the original letters all surrounded Lowell Portfolio.

No today I have received a letter from Cohen Cramer (although the address on the envelope is in Midlothian) basically threatening again with a CCJ. They’ve advised me now to contact Lucas Credit urgently to pay the debt that includes the court fees.

So a few questions I wondered if someone could respond to:

• Are they allowed to pass this to a third company I’ve never heard of? Who are Lucas credit, I suspect from search on here and elsewhere they’re just another arm of Lowell.
• Considering the seven days have passed on the CPR 18 to Chohen Cramer should I now send my defence over the online portal to the county court?
• what is worthwhile placing in my defence? Is it worth mentioning that on all searches of my credit file this does not appear and I’m right in thinking it should? (I should add I did acknowledge the claim online so I’ve still plenty of time)
• I haven’t sent the request for original agreement yet, is it worth sending this to Lucas credit or Lowell or even Cohen Cramer?

The letter this morning does strike me as their attempt to make me pay before court. They failed to comply with my pre action conduct letter and they have also failed to comply with my CPR18 letter. Can I be confident in thinking that considering all the above they haven’t the proverbial pot to defecate in? Are they just chancing it and threatening me with all the CCJ stuff for the sake of it?

My main issue is I am genuinely unaware of this debt. The evidence they’ve sent so far has no real connection to me whatsoever. There’s nothing listed on my credit record for this debt, when I sent my pre action letter they took four months to reply and didn’t comply with it correctly, instead sending a credit application with my name printed at the top and no signatures or dates. The other concern is they’ll show up in court with all these documents miraculously available. If they do and the judge was to find in their favour can I sidestep the CCJ by paying in full on the day?

bewildered replied:

So just going over the paperwork I’ve received with a fine tooth comb, and why I’ve never noticed this before has annoyed me somewhat. I’ve never knowingly made a payment since this account defaulted. I think I’ve just been worried or angry or both but the default date for Shop Direct is 26th May 2010. This is now I assume statute barred and taking it to court is fruitless as in my evidence I can just add that it is statute barred I assume?

williams2583 replied:

The sb date runs from the default date (provided no further payments were made) and when they instituted court proceedings, which stops the clock. Provided that is in excess of 6yrs (5 up north) then you can use that defense.

bewildered replied:

Brilliant thanks. Default date was 26th May 2015. County Court issue date was 28th July 2016. I make that one year and one month 😀

Tiggy replied:

Ok, you need to write to the Solicitors pointing out the default date and invite them to discontinue their claim as clearly stature barred, give them 7 days.

If they don’t then apply for summary judgement plus costs.

Faljay replied:

Hi,

Sorry, but this: Default date was 26th May 2015. County Court issue date was 28th July 2016, makes it only 14 months since default and claim, so not statute barred, unless you mean 2010?

Take Care.

😀

bewildered replied:

Haha sorry typo as I was giddy when I realised it. It should indeed read 26th May 2010.

Tiggy replied:

You put here 26th May 2010, after 6 years it’s statute barred, if you meant 26th May 2015, then not statute barred.

Faljay replied:

Hi,

Then it is statute barred as of May this year, so as long as the claim was taken out after May 26th this year you can state statute barred in your defence, meaning no claim should have been made as the claimant should have known, or at least suspected it was SB, therefore should not have even pursued you, let alone taken out a claim.

Take Care.

😀

williams2583 replied:

They probably know its sb, d but will still chase in the hope you dont know the law and the dates, thus time to tell them the facts of life.