Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default JC/Moriarty claimform - Talk Talk Broadband debt

    Name of the Claimant ? JC International Acquisition LLC

    Date of issue 20/09/2017


    The particulars of claim state:

    1,the claimants claim is for the balance due under an agreement with talk talk limited dated 26/02/2013 which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable.


    2. the defendant agreed to pay monthly instalments under account number ....but has failed to do so. and the claimant claims the sum of £194.33.

    3. the claimant also claims interest thereon pursuant 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 £15.54
    Total amount including fee's is £284.87


    I have never agreed to make monthly instalments as I am 99% sure I have never spoken to them regarding this debt and I have definately never responded to any letters.

    What is the value of the claim? £284.87

    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Talk Talk Internet

    When did you enter into the original agreement before or after 2007? After but not sure when

    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. JC International Acquisition/Moriarty/Talk Talk?

    Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I can remember

    Did you receive a Default Notice from the original creditor? I dont think so, but can not be 100% sure

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

    Why did you cease payments? Dreadful service, broken promises and extremely rude customer servicesicon

    What was the date of your last payment? 2013 i guess

    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 managementicon I remember telling them that I wanted to finish because I was unhappy with the dreadful service and if it wasnt rectified I would swap to sky who I have been with and am still with to this day



    So any advice gratefully received on how to deal with this matter

    The issue date of the claim was 20/09/2017 and I received it on unknown (as i have issues dealing with paperwork and opening mail) but soon after the issue date I am sure.

    I am sorry but only realised this evening I need to have my defence in by tomorrow at 4pm......
    .. I was sure I had 28days after acknowledging service (

    Your acknowledgment of service was received on 09/10/2017 at 08:02:21) but now realise after a panic that it is only 14days

    Thank you in advance for any advice you have, I am looking now for opther threads to see what I can put as a defence.

    Sorry
    Hi
    I recently received a claim formicon from the County Court Business Centre in Northampton, by Moriarty Law on behalf of JC International Acquisition for a Talk Talk debt.

    I have seen a similar problems on here to mine but I am not 100% sure what to do next!

    Is this the kinda defence I want to be submitting, obviously editing point number 2.
    I now know that immediately after acknowledging service I SHOULD or done a thing called CPR 31.14 to the solicitors............... so how should I go about approaching this now?

    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
    (c) 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.

    Should I send this CPR request off to Moriarty today by Special delivery?


    CPR Template removed


    If I dont get a response (which is understable because I have left the matter so late), I will go ahead and just file this as my defense (Send the above CPR 31.14 off tomorrow) and hope for the very best

    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.

    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
    (c) 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.

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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    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
    (c) 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.[/COLOR][/SIZE]

    file the above NOW ON MCOL
    it was due Friday by 4pm.

    send CPR 31:14icon by recorded delivery tomorrow by midday.

    dx

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  3. #3
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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    Oh God, im ever so sorry...... I have 'issues' and dont deal with things and bury my headicon until its usually toolate

    What about the dates in section 2? Should I leave them as is when filing on MCOL despite the CPR being sent off tomorrow?

    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 09.10.201

    Defence has been sent with dates ommitted, I didnt want to have to prove that in court at a later date.

    My section 2. reads as:

    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.



  4. #4
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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    that'll do
    great job for 4am well done.

    dx

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  5. #5
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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    Thank you for your help last night DX, defence fiiled before bed (5am in the end) and CPR 31.14 sent today via recorded delivery.
    It was certainly a frantic 2hrs of reading and trying to take in what I was reading after realising id left it too late

    I will make sure to update this as and when I get any news

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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    any news?
    dx

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  7. #7
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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    Hey DX, yes there has been some change.

    Filed my defence on 23/10/17

    Letter from the courts stating my defence has been received and will be forwarded to the claimant dated 23/10/17 (giving them 28 days to respond)

    Letter from Moriarty dated 10/11/17 stating there client is proceeding with the claim (i see this is protocol for them)

    Letter from Moriarty dated 17/11/17 stating the contents of my defence have been duly noted,
    telling me to find enclosed the relevant documents pertaining to this case,
    they are happy to settle out of court payment arrangement or via small claimsicon mediator
    (then telling me to contact their office to discuss either option....... which I clearly wont)
    and finally it finishes with some blurb about non profit organisations that could help me out with free legal advice (No mention of CAGicon mind you lol )

    The documents mentioned are 3 x bill summary from Aug, Sept & Oct 2014 (NOT on letter headed paper)

    Just checked MCOL when I saw your message and it says 'DQ sent to you 21/11/17'

    So just need to wait for that to come through the door

    Attached Files

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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    fillin the n180 when you get it

    yes to Mediationicon
    Yes to small claimsicon track
    State your local county courticon
    1 wit you
    the rest is obv

    3 copies
    1 to the court
    1 to moriarty [minus email/phone]
    I for your file

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  9. #9
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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    Yes, I had seen thats my next step to take, thank you for clarifying for me though

    I will keep you updated when anything significant happens


  10. #10
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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    Just to update this thread

    MCOL 'Claim History'

    DQ was filed by claimant on the 30/11/2017
    I filed my DQ on the 12/12/2017
    My claim has been transferred to Peterborouigh on the 15/1/2018

    Havnt heard anything since from anyone

    Will update again when there is some movement on the case

    RM


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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    and you heard nothing from Peterborough court?
    dx

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  12. #12
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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    nope ive had nothing in the post from anyone (court related) and as I typed above is exactly as it stands with MCOL this evening

    im awaiting for the request for my WS i presume?


  13. #13
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    Default

    Well its finally happened, im in Court on Monday morning.

    I have been unwell for the past 2 weeks and staying at my partners house and returned to my property this evening and I have a pack from Moriarty Law with what i believe is everything they're relying on as it states that there representation will not be in attendance on the day.

    Do I have to attend or can I also submit all of my evidence by mail and let the judge make a decision?

    My illness is bi-polar disorder and I am currently in a 'manic' state which makes dealing with normal everyday life hard enough without having to go through this.

    My illness causes me to lay in bed awake for hours, i mean literally hours. (you will see most of my posts are around 4am) I goto bed around 11:30pm/midnight and will still be awake at 6am/7am most days before I eventually just pass out with physical exhaustion.

    My court case is set for 9.45am in Peterborough and I have moved house and live even further away from the court. (1hr 20mins away from my house on a good run 2hrs in rush hour)

    This means I need to leave my house around 7:45am on no sleep or an hour at most.........I will either crash en route driving whilst sleep depraved or will just be a zombie/sleep at court.

    My partner cannot come with me as we have a 12month old baby and she is almost 5months pregnant again, so will be there alone with little to no interaction with anyone.

    Knowing I have the case in the morning will mean my sleep will be even more of a nightmare stressing and worrying all over this.

    here are the particulars im sure you will want to see what Moriarty have sent me.

    Do I need to do anything now?

    Ooopsss i think I should of already submitted my witness statement by now............. I was waiting for it to be requested as ive had nothing from anyone until this court pack from Moriarty dated 21st May.

    Infact ive had no contact with anyone since MCOL updated itself on 15/01/2018 after I filed my DQ back on 12th December 2018

    MCOL still only shows the below and hasnt been updated since January

    [SIZE=2][COLOR=red]MCOL 'Claim History'

    DQ was filed by claimant on the 30/11/2017
    I filed my DQ on the 12/12/2017
    My claim has been transferred to Peterborouigh on the 15/1/2018

    eres is a rough 4:30am draft for my WS............. who do I need to send this to?

    I do not remember entirely what happened, however i remember the service being atrocious, customer servicesicon were rude and I told them I wanted to cancel early after clearing all outstanding balances owed. I believe this was within the 3 or 4 weeks of opening my account or there abouts. Its hard to remember as it was 4yrs ago now and alots happened to me in that time.
    I then went and got sky broadband who I am still with to this day.

    Do I mention this in my witness statement?

    I, XXX, being the Defendant in this case state as follows;

    I make this Witness Statement in support of my defence dated 23rd October 2017 and in response to the claimant’s claim dated 20th September 2017 which was submitted through county courticon Business Centre.

    1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

    3. Background

    Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Talk Talk Ltd. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

    I formally requested via CPR 31.14 on the 6th October 2017:

    A copy of the original agreement;
    A statement of account;
    A copy of the terms and conditions as applicable at the time of the agreement;
    A copy of any Default Notice/ termination notice;
    A copy of any notice of assignment showing the claimant’s legal right to take action

    Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

    4. Disclosures

    The claimant has supplied some documentation but has failed to comply fully with my formal requests.
    The claimant has failed to provide:

    A copy of the original agreement
    A statement of the account showing completely and exactly how the amount claimed for has been reached
    A copy of a default notice/termination notice
    A copy of a legal notice of assignment showing the claimant’s legal right to take action.

    I received rough copies of three bills (no originals) and not on the usual Talk Talk letter headed paper:

    2nd August 2014 - £234.07 with a 'previous balance' of £205 which is not shown how this is accumulated.
    2nd September 2014 - £234.07
    2nd October 2014 - £194.33 Talk Talk are now crediting my account

    All of the bills are for different amounts, with the October bill being less than the August bill. I find it hard to believe that the amount due could decrease over time unless a payment had been made. None of the bills state that they are the “Final Bill” or that the account has been closed.

    Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of 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. Conclusion

    The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgment.


    Statement of Truth

    Attached Files

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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    You submit it to the court and exchange with the claimants by the date as per the court Directions stated in the Notice of Allocation.



    Andy

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  15. #15
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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    Thank you Andy...........Im guessing its Peterborough court I send it too?

    I may of had a Notice of Alocation but ive not seen one. This isnt to say it isnt sat at my house.............. I have a pile of unopened bills/mail about a foot tall from this year alone and only open things that look super official/important.

    I was checking MCOL twice a week and as that hadnt updated i never sifted through the unopened bills/mail


    Should I add the bit about why im in the situation to my statement before printing and sending it off?


    Thank you once again, im just about to go and buy a printer cartridge as my ink dried up in the old one so will send it tomorrow


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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    Its normally by 14 days pre hearing..so roughly 2 weeks late.Submit it to your local county courticon tomorrow and possibly email a copy to the claimants solicitor.

    Unfortunately the courts are not interested in your medical condition and should not form part of your statement

    Moriarty dont do court...so it will only be you and the judge.

    Andy

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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    yuDo I add this part to my statement before print?


    I do not remember entirely what happened, however i remember the service being atrocious, customer services were rude and I told them I wanted to cancel early after clearing all outstanding balances owed.

    I believe this was within the 3 or 4 weeks of opening my account or there abouts. Its hard to remember as it was 4yrs ago now and alots happened to me in that time.
    I then went and got sky broadband who I am still with to this day.

    Thank you once again Andy

    Oh and my Local county courticon is Cambridge or Huntingdon, however the case is being heard at Peterborough County Court almost 2hrs away currently

    Also do I need to add a covering letter or anything else with my statement?


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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    Quote Originally Posted by Rottie_Mad View Post
    Do I add this part to my statement before print?


    I do not remember entirely what happened, however i remember the service being atrocious, customer services were rude and I told them I wanted to cancel early after clearing all outstanding balances owed. I believe this was within the 3 or 4 weeks of opening my account or there abouts. Its hard to remember as it was 4yrs ago now and alots happened to me in that time.
    I then went and got sky broadband who I am still with to this day.



    Thank you once again Andy
    I haven't read the thread and I don't know what the issues are. However, you would never ever write anything like this in a statement for court.

    Take out all the atrocious, rude et cetera stuff. Stop "not remembering entirely blah blah" be definite about your dates. Don't say that it is hard to remember anything. Instead of saying "I believe this was within three or four weeks blah blah" you simply say "after three or four weeks of opening the account…"



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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    Quote Originally Posted by Rottie_Mad View Post
    Oh and my Local county courticon is Cambridge or Huntingdon, however the case is being heard at Peterborough County Court almost 2hrs away currently


    Also do I need to add a covering letter or anything else with my statement?
    Well you have left it a bit late and should of arranged it be heard in your local county court...as it should for all defendants v business...this is all a bit last min.com which usually happens when you dont post for 3 months

    We could do with some help from you

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    Default Re: JC/Moriarty claimform - Talk Talk Broadband debt

    and no I wouldn't add that stuff in
    that's for your Witness Statement IF it gets that far

    99 times they drop the case anyway.
    and moriarty never turn up in court either...

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