little spiceracks
-
Posts
17 -
Joined
-
Last visited
-
ps by the way do i have to send the dc soliciters a copy of my defence letter ? thnaks
-
rite il send this off via online and wait for responce thankyou all
-
Date of issue – 22nd sep 2017 What is the claim for – 1. the claimants claim is for the balance due under an agreement with talk talk limited dated 20/11/2013 which was asigned to the claimant on 31/03/2015 and notice of which was given to the defendent on the 31/03/2015 and which is now all due and payable . 2.the defendant agreed to pay monthly instalments under account number ...xyz... but has failed to do so. and the claimant claims the sum of £451. 11. the claimant also claims interest thereon persuant to s.69 county courticon act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £36.08. What is the value of the claim?£572.19 and below is a drafted response for my 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 sent on 06.10.2017 and wich the claimant received it on the 09.10.2017 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; and (b) Show and evidence the nature of any breach;and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as 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 crediticon Act 1974. 7. 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.
-
ok i will go back and look over it many thanks for your time guys
-
no i havent got a clue ?? im stressed to my limits i got 5 days to defence deadline i dont know what a defence letter should look like as i have never done anything like this before. just found this on line and thought mabe this would be ok could some one help me please thankyou ps have sen of the cpr letter and had absolutely nothing back ?
-
Particulars of Claim. 1. the claimants claim is for the balance due under an agreement with talk talk limited dated 20/11/2013 which was asigned to the claimant on 31/03/2015 and notice of which was given to the defendent on the 31/03/2015 and which is now all due and payable . 2.the defendant agreed to pay monthly instalments under account number ...xyz... but has failed to do so. and the claimant claims the sum of £451. 11. the claimant also claims interest thereon persuant to s.69 county courticon act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £36.08. What is the value of the claim?£572.19 In the (any court you like) ClaimNo. (claim xyz) Between: Moriaty law ******s and Defendant me Defence Introduction 1. I, Mr xyz of some place am the Defendant in this matter and I make this statement as my defence to the Claim brought by the Claimant. The matters set out below are within my own knowledge and where the contrary appears, I state the source of such material and put the Claimant to the strictest of proof on their claim, which is denied in its entirety herby. 2. For the purpose of this Defence, all paragraphs and sentences stated hereafter are referred to the Claimant’s statement of case dated (put date here). a. The first sentence of Claimant’s statement of case is denied, that the Defendant is indebted to the sums claimed therein as alleged, the Claimant is therefore, put to the strictest proof on the same. b. The second sentence stated therein is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 & 196 has been served upon him by the Claimant as alleged or at all. 4. As to the third sentence, it is denied that any statutory and valid default notice has been served on the Defendant and the Claimant is therefore, put to the strictest of proof to the contrary. 5. In light of the facts enumerated above, the claim is denied in its entirety and the Claimant is put to the strictest proof to establish to the contrary and his claimed entitlement under the statute and its provisions which, if complied with in accordance with the obligations imposed upon the Claimant thereunder , would entitle the Claimant to his claim. Statement of Truth Mr/Mrs……………………………………………….. dated this day ……….. of November2013. Singed (your printed name in caps – as the Claimant) hi there is this defence sutable to send back to the courts reggard the orignal post see post 1 any feed back would be appreciated thanks
-
hi guys, sent off my letter cpr 31.14 request to moriaty law and they got it on the 2nd of oct ( signed delivery i checked on line via post office ) any ways iv had nothing back as off yet i stated 7 days to send me the particulars of claim etc as nothing has came back to me whats my next move ?? thanks for all the great advice
-
paid for special delivery will get there mon morn and signed for
-
is this letter ok ?
-
so should i go with just cpr or both ??? thanks to everyboy for all your help i really appreciate its nice to know there is help around if you look for it and hopefully it should put a stop to them making peoles life a missery by causing panic and worry i say shame on them ps for anybody reading this maybe you are in a similar situation well get this ive only been on here since yesterday and already i fel like a ten tone weight has been lifted just knownig there is help so dont give up fight on and dont let them try and scare you into submission i will keep this poat updated as best i can and hopefully i will be able to win this so thanks to you all thumbs up
-
i will get this done today please what is a holding defence never heard of this
-
have contacted talk talk they said they dont have any info regarding this as its been sold on to a debt collection agency as with the subject access request that can take up to 4 weeks acording to talk talk time i dont have , would it be best to send a sp 14 letter ( please exuse me if this is not the correct term ) to moriaty law and go down that path ? sorry cpr 14 i meant thanks
-
Name of the Claimant ? - jc international aquisition llc Date of issue – 22nd sep 2017 What is the claim for – 1. the claimants claim is for the balance due under an agreement with talk talk limited dated 20/11/2013 which was asigned to the claimant on 31/03/2015 and notice of which was given to the defendent on the 31/03/2015 and which is now all due and payable . 2.the defendant agreed to pay monthly instalments under account number ...xyz... but has failed to do so. and the claimant claims the sum of £451. 11. the claimant also claims interest thereon persuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £36.08. What is the value of the claim?£572.19 the claim is for tv broad band and phone services When did you enter into the original agreement before or after 2007? after 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. no debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? not to my knowleged Did you receive a Default Notice from the original creditor? i cant recall one no Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? i never paid from day 1 What was the date of your last payment? never been any payments made from me ( will explain at bottom of this thread) Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? no i signed up with talk talk in 2013 after 3 weeks from start i still wasnt getting broad band and phone coverage talk talk kept fobing me off engineers will call this week next week blah blah blah . i called them up and told the due to the advise from ombudsman im cancelling the contract as they did not provide me the service i signed up for. that was the end of it talk talk told me there would be no charges no termination fees etc and that was that heard nothing again from them untill yesterday when ccj claim droped on my doorstep . so far i have filed the knowledge of service online to buy extra time what do i do next how do i get any info about this and how do i do a defence to give to the courts as its my full intention to not accept this as its simply a down and out outrage any help would be most welcomed ps never had any letters from talk talk about this or from debt collection agency up until yesterday the 28/09/2017 thanks spice racks
-
hi thanks for your advice but what do you think of my chances of getting this thrown out due to all the facts thanks spice racks
-
hi to all im a new user on here and need some advice please! here is a brief description on the matter back in 2013 i signed up with talk talk for phone bb and tv services, after approx 3/4 weeks of no services i rang them up and told them i would like to cancel the contract as they had not provided me what im paying for. after numerous phone calls about the above issues talk talk said the contract would be cancelled and that would be the end of the matter there would be no charges due to early termination of contract etc. although i never received anything in writing from them i left it as the matter was delt with. fast forward to two days ago and i got a claim form from Moriarty law working on behalf of jc international acquisition. they are claiming £572 for non payment of agreement from talk talk I'm confused about this as i was under the impression it had been sorted years back!. i have sent a reply to the court with a acknowledgement of service i can get some information about this as i intend to fully dispute this. how do i get information about this old account ? any letters that was sent to me , phone calls ?? how do i file a defence for the court I'm confused by all the info on this if anybody could help id be so grateful many thanks for your help
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS