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Lowell & Cohen Cramer - Directions Questionnaire Received

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Lowell & Cohen Cramer - Directions Questionnaire Received

Post by andyb93 on Tue Sep 12, 2017 10:12 pm

Hi Guys.
I'm new here but used much of the advice available to try and fight this alleged claim from lowell for £2086
I have done the cpr18, cca rqeuest and then filed my defence on 30th August.
Unfortunately today i received the N180 form and i'm not sure how to fill it in, if i understand right i am supposed to tick yes to being referred to the small claims mediation service? As for the rest of the form is there anything in particular i should be placing in there?
Any help is greatly appreciated!

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by Tiggy on Wed Sep 13, 2017 11:10 am

Yes to small claims and nominate your nearest local County Court.

Mediation is up to you, I've always said yes as the Courts like it, never had any intention of participating because when I did once the mediation service were totally biased to the claimant - they started the conversation with 'how do you want to settle'! erm by the claimant actually proving their case against me !

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by petesomething on Wed Sep 13, 2017 5:52 pm

Hi andyb93

I would say no to mediation because its shows you are willing to compromise but the courts do like it , but it is up to you.

When i was in court once the judge told me and their solicitor to use mediation , i said no , the agreement was not a true copy, next time in court i won ,,,,but why did the judge say go to mediation when he knew it was not a true copy.
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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by andyb93 on Wed Sep 13, 2017 8:40 pm

Thanks for the replies.

I think i will go with no mediation as they haven't provided what i have asked for.

I will be back if i need more help Smile

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by petesomething on Wed Sep 13, 2017 9:10 pm

Hi andyb93

Keep us informed and good luck Smile
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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by daveiron on Thu Sep 14, 2017 9:01 am

Hi andy,

I agree with Pete .The 3 letters state 'you will pay any obligation upon proof of claim '
they have not provided this ,therefor there is nothing to mediate on.

As Pete said keep us informed ,

regards dave

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by Ausk on Thu Sep 14, 2017 9:41 am

@petesomething wrote:Hi andyb93

I  would say no to mediation because its shows you are willing to compromise but the courts do like it , but it is up to you.

When i was in court once the judge told me and their solicitor to use mediation , i said no , the agreement was not a true copy, next time in court i won  ,,,,but why did the judge say go to mediation when he knew it was not a true copy.

Because he was scared you would appeal to a higher court because she/he knew that you knew your stuff and your case.

Magistrates and judges don't like having their decisions appealed by small time insignificant nobodies like you, me and the rest of us; knowing there's a reasonable chance they might be successful.

He knew you could have appealed on the basis on that she/he erred in law and that it she/his decision to let the other mob off could be found to be a miscarriage of justice.

Suggest that everyone who wins in court get a copy of the courts decision so they can refer to their own case again at the next battle another day. Mags and juddies dont like people who come preared and are able to quote previous decisons and the courts reasons for them, in their court because again, it puts pressure on them to be fair in their judgements.



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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by Ausk on Thu Sep 14, 2017 9:42 am

Sorry I read this the wrong way round. A.G.E. is a terrible disease.

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by Tiggy on Thu Sep 14, 2017 10:28 am

@Ausk wrote:
@petesomething wrote:Hi andyb93

I  would say no to mediation because its shows you are willing to compromise but the courts do like it , but it is up to you.

When i was in court once the judge told me and their solicitor to use mediation , i said no , the agreement was not a true copy, next time in court i won  ,,,,but why did the judge say go to mediation when he knew it was not a true copy.

Because he was scared you would appeal to a higher court because she/he knew that you knew your stuff and your case.

Magistrates and judges don't like having their decisions appealed by small time insignificant nobodies like you, me and the rest of us; knowing there's a reasonable chance they might be successful.

He knew you could have appealed on the basis on that she/he erred in law and that it she/his decision to let the other mob off could be found to be a miscarriage of justice.

Suggest that everyone who wins in court get a copy of the courts decision so they can refer to their own case again at the next battle another day. Mags and juddies dont like people who come preared and are able to quote previous decisons and the courts reasons for them, in their court because again, it puts pressure on them to be fair in their judgements.



Decisions in the County Courts (lower courts) don't set a precedent so can't be referred to in any future case.

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by andyb93 on Wed Sep 20, 2017 11:21 am

Hi guys, it's been a while but things have taken a real turn for me..
My partner was rushed into hospital, she is pregnant and we feared the worst but turns out it was actually a miracle, we are having twins! Very Happy
It's come as a massive surprise to all the family but unfortunately it has affected her badly and she has been in and out of hospital since for tests and checks.
Now obviously I've let things slip regarding this lowell case and haven't even returned the N180! In a panic yesterday my partner told me to just phone lowell and try to settle this out of court as she can't cope with the stress on top of everything else. Foolish i know but i am really worried so i agreed and made the call. The lady told me that the case is now with cohen cramer and my only option now is to go to mediation and get a tomlin order.
I am not clued up on these procedures, but i think i may have shot myself in the foot!
Any help much appreciated guys, the deadline for the N180 to be returned is the 26/09!!

Andy

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by Tiggy on Wed Sep 20, 2017 12:44 pm

@andyb93 wrote:Hi guys, it's been a while but things have taken a real turn for me..
My partner was rushed into hospital, she is pregnant and we feared the worst but turns out it was actually a miracle, we are having twins! Very Happy
It's come as a massive surprise to all the family but unfortunately it has affected her badly and she has been in and out of hospital since for tests and checks.
Now obviously I've let things slip regarding this lowell case and haven't even returned the N180! In a panic yesterday my partner told me to just phone lowell and try to settle this out of court as she can't cope with the stress on top of everything else. Foolish i know but i am really worried so i agreed and made the call. The lady told me that the case is now with cohen cramer and my only option now is to go to mediation and get a tomlin order.
I am not clued up on these procedures, but i think i may have shot myself in the foot!
Any help much appreciated guys, the deadline for the N180 to be returned is the 26/09!!

Andy
Return the N180 ASAP, otherwise your defence will be dismissed and you'll get a Judgement by Default.

If you want to settle, Agree to mediation in the N180 and wait for the mediation service to contact you, but be aware signing a Tomlin Order only stays proceedings so anything you offer has to be realistic because you have to stick with what you agreed.

PS Congratulations xx


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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by andyb93 on Wed Sep 20, 2017 1:05 pm

Thank you Tiggy Smile
I am really angry with myself to be honest, i should have kept on top of things but it has been hectic as you can imagine!
The N180 is in going in the post today so i need to come up with a plan soon, after some googling i don't like the sound of these Tomlin orders and they sound like a rarity anyway. Do you think i should avoid the Tomlin and try to discuss the options of a payment plan instead?
I was originally going to say no to mediation, but then i thought about saying yes and when they called i was going to say 'I would be willing to come to an agreement IF they can provide what i have asked for' Not sure if that would be wise though..

Andy

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by Tiggy on Wed Sep 20, 2017 3:24 pm

@andyb93 wrote:Thank you Tiggy Smile
I am really angry with myself to be honest, i should have kept on top of things but it has been hectic as you can imagine!
The N180 is in going in the post today so i need to come up with a plan soon, after some googling i don't like the sound of these Tomlin orders and they sound like a rarity anyway. Do you think i should avoid the Tomlin and try to discuss the options of a payment plan instead?
I was originally going to say no to mediation, but then i thought about saying yes and when they called i was going to say 'I would be willing to come to an agreement IF they can provide what i have asked for' Not sure if that would be wise though..

Andy
Once they've started proceedings they only agree to any form of a payment plan under a Tomlin Order, it's their way of securing payment.

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by petesomething on Wed Sep 20, 2017 6:07 pm

Hi andyb93

Congratulations ,

Just make sure if you make a payment plan ,you can keep to it , they will try and make you pay as much you can ,  it will be no good in 6 months, if you can  no longer afford it,


Last edited by petesomething on Wed Sep 20, 2017 6:12 pm; edited 2 times in total (Reason for editing : add)
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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by andyb93 on Wed Sep 20, 2017 7:33 pm

Thanks for the replies.

I admit they really have got me where they want me with this, i just hope they don't feel too mean on the day!

Andy

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by chavboy on Thu Sep 21, 2017 4:39 pm

Hi Andy, just scanned the thread and am I right in saying that they did not come up with the papers you asked for in the cpr18, if so you're looking good in court, I'm not an expert and there are some on here that know far more than me (Tiggy for example), but this happened to me and was kicked out as they hadn't supplied the requested paperwork. They got a chewing out as well.

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by petesomething on Thu Sep 21, 2017 6:03 pm

HI chavboy

Normally i would say keep fighting , but andb93 partner is having twins, and it is hard for her to cope,

DCA BUY YOUR DATA  this why they will not and can not give you the paperwork for the alleged debt, but the courts let them reconstituted the paper work , but the paperwork needs to be true copies,
there can be lots of stress, but going to court you have a chance to win .

if any of you received a letter from a DCA, start the new 3 letters ,
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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by chavboy on Thu Sep 21, 2017 6:13 pm

Hi Pete, I know, thats why I asked if they had sent the requested paperwork, they still have to fulfil the obligations of the cpr 18, at least that is how it was viewed by the court I went to. It can be daunting but there are so many people on here that have gone to court and one, I should imagine even more that didn't have to set foot in a court room.

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by petesomething on Thu Sep 21, 2017 6:49 pm

Hi chavboy

sometimes  DCA back down just before court when we show we will not back down , but also the DCA,s know people will not turn up on the day for court  because of worry and they win by default.
and yes they may not have the paperwork to win,
this is why its great to have people like you , to give encouragement
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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by chavboy on Thu Sep 21, 2017 6:54 pm

Yes exactly Pete, in my case they even sent a summons to a past address even though I had correspondence from them to my present address dated before they even sent the summons to the previous address!! Dirty dogs!!

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by andyb93 on Fri Sep 22, 2017 12:22 pm

Thanks for your post chavboy.
I was fully intending to fight this all the way, but i'm just so exhausted and my partner is taking the pregnancy really badly so there is no time to do anything other than run her hospital and try and keep my boss happy about all the time off!
I have thought about still saying that i will only agree to a payment plan if they produce the evidence i asked for, but i really don't have the energy to play games with them Neutral
Andy

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by chavboy on Fri Sep 29, 2017 7:25 am

Good luck with everything Andy, how did it go

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Re: Lowell & Cohen Cramer - Directions Questionnaire Received

Post by andyb93 on Fri Sep 29, 2017 9:33 pm

I've not heard anything from the courts yet, but i have received a letter from lowell solicitors containing a statement of account, a re-constituted credit agreement, and notices of assignment.
They also kindly reminded me that their client remains willing to reach an amicable agreement.
I am absolutely exhausted at the moment and the babies are not even here yet! If i'm not at work, i'm at the hospital or clinic with my partner, this lowell case really couldn't be more inappropriate!

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