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moriarty law/JC International Claimform - old Talk Talk Broadband 'debt'***Claim Discontinued***


antonia26
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Particulars of Claim

 

The claim is for talk talk which is now due and payable,the Defendant agreed to pay monthly instalments but failed to do so.

 

280.60 plus a year interest plus court costs now 388.05

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.The claim is denied.I am unaware of what debt the claimant refers to.I have requested information pertaining to the claimants claim by way of a CPR 31.14 request.

The claimant has failed to respond.

 

3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, ias the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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  • 1 month later...

Hi

sent of the reply

they tried to fight at first and wanting me to settle with them.

 

I refused point blank and told them unless I have everything I have asked for I will go to court .

 

They replied and said they will wait for the court to tell them to give me the information I asked for.

 

today I got a letter saying they give me notice of discontinue of claim against me .

 

So we'll done for helping me and thanks x

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Well done antonia26

 

I will amend your thread title to reflect the outcome.

 

Please consider making a donation to help us to continue in helping others.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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