Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig)

[alexpn]

Hi everyone.

Absolutely petrified of this process, and not really sure exactly what I should be doing.

I've numerous letters from Lowell the DCA and Cohen Cramer their solicitors relating to a JD Williams Store Catalogue account. I am unemployed at the moment so only able to deal with priority debts.

Claim Form was issued: 12 October 2016.

Claimant : Lowell Portfolio Ltd
Address for sending documents: Cohen Cramer Solicitors, Leeds.

Particulars of Claim:

The claim is for the sum of £1890.38 due by the defendant under a non-regulated JD WIlliams account with account ref: xxxxx. The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on xxxxxx, notice of which has been given to the defendant. The Claims includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment to the date of issue of these proceedings in the sum of £100.27

The Claimant claims the sum of £1990.85

I have gone onto Moneyclaim Online to acknowledge service and state that I will defend on 14th October 2016

Really unsure what to do next.

The original account with JD Williams has had payments on it in the last 12 months. I do also have other accounts with Lowell, of which some I have been paying.

Complete mess, I am suffering from pretty bad anxiety from all this.

Can anyone help?

[MIKE770]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

have you sent a CCA1974 request with a £1.00 postal order marked for CCA1974 request only?

also a CPR31.14 request to the solicitors asking for all the documents mention on form N1 particulars of claim? no charge for that one?


| CCA Request || CPR 31.14 Request

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

HI @MIKE770, thanks for replying so quickly. I haven't sent any letters yet!

I guess I'm at that point now, but just wondering what happens after that and what my chances are going to be. Seems there are a lot of these cases being pushed into court.

[MIKE770]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

just get off these request for now, you have acknowledged the claim that gives more time for now, but keep an eye open for court instructions, and report any communication on here from solicitors etc,.


Lowells send out court form by the 1000s everyday hoping nobody challenges them, you have started to fight back already by acknowledging the court form. I am sure other will respond also!

- - - Updated - - -

@nemesis45

- - - Updated - - -

@Diana M

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Ok, getting my letters done now! Will have them in the post today! Thanks for the support.

[MIKE770]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

send Recorded Delivery attach post office receipt to letters

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

send Recorded Delivery attach post office receipt to letters

Ok, thanks, I'm onto it, Post Office is closed until 1.30pm, so will head down there with my letters and get them out RD.

[Stu]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Only request documents mentioned in your POC Alex.

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Only request documents mentioned in your POC Alex.

Cheers. The word for word for POC is as follows:

The claim is for the sum of £1890.38 due by the defendant under a non-regulated JD WIlliams account with account ref: xxxxx. 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 Claims includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment to the date of issue of these proceedings in the sum of £100.27

What I've put in the CPR Request to the Solicitor is request for the Account Agreement, Terms and Conditions and Legal Notice of Assignment - I cant see anything else I should be asking for?

[Stu]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Here is a thing to think about and sure more experienced will explain further but a jd williams account would be a regulated agreement and they are stating in is a "unregulated agreement" so would be worth finding that out as if not....( as this thread http://legalbeagles.info/forums/show...ated+agreement ) and go to post #22 there on from @Nem they may respond that the Cca request is not valid...

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Thanks, I did see something similar actually about non-regulated agreements. Doesn't seem to any clear indication on that thread as to course of action though. Should I be writing to Lowell and saying `I am concerned about non-regulated account statement' ???

[MIKE770]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

no do not do their job for them shows weakness???

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

fair enough! letters to be posted as they are!

[Stu]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

As stated by nem in that other thread it maybe a clerical error or a ploy to deter the defendant from making a Cca request, going by that I would ring Jd Williams and find it out if their agreements are regulated but certainly as Mike stated don't contact Lowell and make their job easy for them... but do get the Cca and Cpr request out asap signed for postage £1 postal order for the Cca don't forget (marked statutory purpose only) Cpr is free

[alexpn]

Re: Me VS Lowell (Claimant) & Claimant's Solicitor (Cohen Cramer) / JD WILLIAMS (orig

Hi everyone.

Right an update. I have had TWO letter from Cohen Cramer the Solicitors. they are identical, one has my postal order returned within it - and they both say the following:

Re: Claims xxxxxxxxxxxx / Lowell Portfolio vs Me

Thank you for your letter dated xx / October 2016.

We note from our records that documentation was provided to you on the xx September 2016.

As such please can you respond formally to the Claim Form within the next 14 days,

Please note that if you do not respond to the Claim Form within the above specific time period, the our client may instruct us to obtain a Default County Court Judgment against you without notice.

If you have any question, please contact us

Kind Regards,

Alistair Thackray, Legal Asst
Cohen Cramer Solicitors

-------------------------------------------------------------------------------------

So I'm just going through what I have in my file for these two companies (Lowell & Cohen Cramer) and prior to the Claim Form being received, they have sent copies of the following during September:

Copy of letter sent to me from Lowell on 27th Feb 2016 to say that JD Williams have sold the account to Lowell - £1890.38 owed (photocopy)
Copy of credit agreement regulated by the Consumer Credit Act for JD Williams / Jacamo (not signed by me & photocopy)
Printout of the statement relating to Jacamo of all goods purchased, delivery charges, dates etc


Is there anything I can do here, I'm assuming I've got nothing I can work with now other than offering to make some payments? I have already acknowledged service to say I will be putting in a defence.

Any help would be great!