Help with Lowell Claim please Urgent

[buzzybee9]

hi looking for a little help from you knowledgeable people. I have to have a defence in for a claim issued by Lowells tomorrow and a friend pointed me in you direction.

So the claim is from Cohen Cramer Solicitors for Lowell who have bout a debt i had with jd williams the claim details the following
the claim is for the sum of 2714.45 due by the defendant under a non regulated JD williams account with the ref of xxxxxx.
The Defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 11/feb/2016, notice of which has been given to the defendant.
the claim includes s.69 of county courts act 1984 at a rate of 8% per annum from date of assignment to the date of these proceedings in the sum of £128.51
the Claimant claims the sum of £2842.96

so what i have done was acknowledge claim online and sent off cca request to Lowells along with the £1 fee (this was cashed on the 10 oct)
I also sent a cpr31 request and a request for extra time cpr15 to cohen cramer. I also sent a copy of cca request to cohen cramer.
I have received a letter from cohen cramer stating their client will need 45 days to get paperwork together and then they will give me another 14 days to file my defence (not falling for that crap that is not a proper agreement to give me an extension)

so not sure what to say in my defence about the face they are calling it a non regulated account? what is that? i thought it had to be regulated?
If non regulated is my cca request appropriate? should they have complied with it by now it was posted on the 4 oct?

any help would be great thanks

[nemesis45]

Re: Help with Lowell Claim please Urgent

Good afternoon, welcome to LB.

Ok I see that the particulars of claim state an unregulated agreement I don't think this is correct, so give JDW a quick call to see what's correct.

Cohen Cramer are very arrogant in their approach unreasonably so in my opinion.

45 days for a CCA request is cobblers, why not send one yourself to JDW once you have found out about regulated not regulated I sure though we have established that the agreements were always regulated because of the credit element.

When was the account opened, do you know when it was defaulted.

You are right to ignore the " On Hold" garbage so make sure you comply with all court deadlines.

nem

[buzzybee9]

Re: Help with Lowell Claim please Urgent

thanks for the relpy sorry think in my rush didnt make it clear jdw have sold account to lowells sent the the cca request to lowells (heard nothing from them and the tracking for posting just says that its in royal mail system so I phone to find out if they had cashed the postal order which they have but still nothing recieved from Lowells) just sent a copy of cca request to cohen to let them know I had done the request im assuming the 45 days is in regards to the cpr31 request i made for the documents.
I dont understand how its non regulated what is and non regulated account Im assuming they have said that so they dont have to comply with cca requests? but they mention contractual payments and account terms so surely that make it fall under the cca?

[nemesis45]

Re: Help with Lowell Claim please Urgent

thanks for the relpy sorry think in my rush didnt make it clear jdw have sold account to lowells sent the the cca request to lowells (heard nothing from them and the tracking for posting just says that its in royal mail system so I phone to find out if they had cashed the postal order which they have but still nothing recieved from Lowells) just sent a copy of cca request to cohen to let them know I had done the request im assuming the 45 days is in regards to the cpr31 request i made for the documents.
I dont understand how its non regulated what is and non regulated account Im assuming they have said that so they dont have to comply with cca requests? but they mention contractual payments and account terms so surely that make it fall under the cca?

Yes it's clear enough the suggestions are to help you get info for your defence.
The Particulars of the claim are wrong I believe the JDW account is regulated by CCA1974
It's a trait of these "solicitors " to make up their own timescales for the CCA request there is a statutory timescale of 12 + 2 Working Days, CPR has a nominal 7 day timescale for compliance.

This Is why I suggested checking with JDW so you are sure of your ground.

ne,

[buzzybee9]

Re: Help with Lowell Claim please Urgent

ah thanks didnt think i could go back and ask jd williams just phoned jacamo who was the part of jd williams this account relates to the man on the phone said they didnt have that account and therefore could not discuss it so I ask him if he could just tell me whether they were regulated and he wouldnt say kept asking me why I wanted to know didnt want to say why, not sure I should, so ive just quickly looked at their website and it states
We are supervised under the Consumer Credit Act 1974 by the Financial Conduct Authority of 25 The North Colonnade, Canary Wharf, London E14 5HS. (Authorisation No: 311618)

[nemesis45]

Re: Help with Lowell Claim please Urgent

ah thanks didnt think i could go back and ask jd williams just phoned jacamo who was the part of jd williams this account relates to the man on the phone said they didnt have that account and therefore could not discuss it so I ask him if he could just tell me whether they were regulated and he wouldnt say kept asking me why I wanted to know didnt want to say why, not sure I should, so ive just quickly looked at their website and it states
We are supervised under the Consumer Credit Act 1974 by the Financial Conduct Authority of 25 The North Colonnade, Canary Wharf, London E14 5HS. (Authorisation No: 311618)

Got em a deliberately misleading particulars of claim!

nem