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

[alexpn]

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

Yes, in case circumstances change if/when paperwork is sent to you.

Di

Thanks [MENTION=87380]Diana M[/MENTION]

Looks like I am holding fire until the evening of Sunday 13th then!

[Diana M]

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

Thanks @Diana M

Looks like I am holding fire until the evening of Sunday 13th then!

If the Defence filing deadline falls on a Sunday then you have until 4 pm the next working day to file it.

Just to recap the Defence deadline is 33 days from the claim Issue Date on the N1.

It may feel good to get it off your chest early but that wouldn't be sensible if you claim that your CCA Request hasn't been complied with only to find the papers arrive in the post after you've filed your Defence (too early).

Di

[alexpn]

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

If the Defence filing deadline falls on a Sunday then you have until 4 pm the next working day to file it.

Just to recap the Defence deadline is 33 days from the claim Issue Date on the N1.

It may feel good to get it off your chest early but that wouldn't be sensible if you claim that your CCA Request hasn't been complied with only to find the papers arrive in the post after you've filed your Defence (too early).

Di

Thanks [MENTION=87380]Diana M[/MENTION]

Understood, yes, I guess the last thing I want to do now is to allow Lowell and Cohen Cramer to stick it to me by sending all the required paperwork to arrive with me the day before the deadline.

33 days is basically Monday 14th November, so I will make sure I have things fully uploaded and entered to Moneyclaim by the Sunday evening day before this.

The advice from these forums is SUPERB - I am a reasonably sensible and intelligent man, and this process is utterly baffling and daunting - I have no idea how those less intuitive than myself would even begin deal with this kind of correspondence. It is exceptionally scary.

Should I post up my defence paragraph for some critique and review prior to entering it - I think it probably wont detract too much from the above mentioned template (probably word for word more or less) but I'd just appreciate any final tips before I go ahead with this.

[charitynjw]

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

Another question which [MENTION=87380]Diana M[/MENTION] asked way back on this thread, but I can't see the answer anywhere; when did this account start?

[Diana M]

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

Another question which @Diana M asked way back on this thread, but I can't see the answer anywhere; when did this account start?

The account opened date is not mentioned in the POC either which may mean the Claimant has no idea when that was

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

Di

[alexpn]

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

Another question which @Diana M asked way back on this thread, but I can't see the answer anywhere; when did this account start?

Hi [MENTION=5553]charitynjw[/MENTION] and [MENTION=87380]Diana M[/MENTION]

First goods were ordered 22/8/13 - I suspect that might not be EXACTLY the same date the credit account would have started as I paid for some initial orders with my debit card (they practically dupe you into applying for a credit account at that point)

[alexpn]

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

The account opened date is not mentioned in the POC either which may mean the Claimant has no idea when that was

Di

Even though they have sent through statements of the credit account that show previous orders back in September?

You're right though, it's not on the POC. The POC is actually pretty vague I think. A default notice is not mentioned, nor account opening date, and also the fact that they are referring to it an `unregulated account' whereas the CCA I've previous received states otherwise.

[Diana M]

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

Hi @charitynjw and @Diana M

First goods were ordered 22/8/13 - I suspect that might not be EXACTLY the same date the credit account would have started as I paid for some initial orders with my debit card (they practically dupe you into applying for a credit account at that point)

That's interesting. Might they have opened your account over the phone when you placed an order and paid for it by debit card?

Do you recall signing any credit agreement?

Di

[nemesis45]

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

Even though they have sent through statements of the credit account that show previous orders back in September?

You're right though, it's not on the POC. The POC is actually pretty vague I think. A default notice is not mentioned, nor account opening date, and also the fact that they are referring to it an `unregulated account' whereas the CCA I've previous received states otherwise.

The account is CCA '74 regulated a short while ago some of us made an inquiry to the company concerned and it was confirmed.

nem

[alexpn]

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

That's interesting. Might they have opened your account over the phone when you placed an order and paid for it by debit card?

Do you recall signing any credit agreement?

Di

Definitely nothing signed by me, the copy of the credit agreement which Cohen Cramer sent me in September shows an automated digital signature by JD Williams - but the box with my signature is blank.

Basically, when you're ordering goods from (in my case) Jacamo online - you add the item to your basket, go to checkout, and either pay up front in full, or `Apply for Credit' - I've obviously unwittingly done the latter and hey presto the account is opened with a credit limit - there's no customer signature box or anything like that.

- - - Updated - - -

I think the (if I've done it right) the Credit Agreement should be attached.

[Diana M]

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

Definitely nothing signed by me, the copy of the credit agreement which Cohen Cramer sent me in September shows an automated digital signature by JD Williams - but the box with my signature is blank.

Basically, when you're ordering goods from (in my case) Jacamo online - you add the item to your basket, go to checkout, and either pay up front in full, or `Apply for Credit' - I've obviously unwittingly done the latter and hey presto the account is opened with a credit limit - there's no customer signature box or anything like that.

I think the (if I've done it right) the Credit Agreement should be attached.

I cant open that document.

Since 2005 it's been possible to open credit online with a tick box being accepted as a signature.

If you say you paid in full by debit card why do you also say you "obviously applied for credit"?

That's why the dates are so crucial.

Have you been sent statements showing all transaction on the account from its inception (sorry I haven't read back through your thread where you may have answered that question).

Di

[alexpn]

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

I have tried to upload a screen shot of the same document in JPG format.

Re: the account/debit card question - I believe (I cant exactly be sure) that I ordered the first two items from Jacamo on the above mentioned date in 2013 and paid in full with a debit card, received, done.

At that point the `Account' with account number has been opened under my name.

I can't tell from the statement provided exactly where I have ordered future goods, and elected to apply for the credit facility. It's impossible to tell from the statement printout.

[alexpn]

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

[MENTION=87380]Diana M[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=5553]charitynjw[/MENTION]

Hi everyone,

I have managed to scan in the documents in question:

Transfer of Debt letter from JD WIlliams (Jacamo)
Statement of Account Jacamo
Lowell Introduction Letter.
Letter from Cohen Cramer Solicitors to return postal order and state CCA Request wont be carried out as all documents previously supplied.

Hope this is helpful?

[alexpn]

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

Update!

My defence went in on Friday 11th. I have just had the paperwork through from the HM Courts and Tribunal Service to say it has been accepted and now served on the claimant, and that they may get in touch to discuss the matter and had 28 days until the case would be stayed.

So I'm assuming now it's just a waiting game really.

- - - Updated - - -

Is there anything else I should be aware of at this point? Next logical steps?