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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Moriarty Law threating CCJ


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Hello,

 

I wonder if someone could please help me with this?

 

I had TalkTalk as broadband provider back in 2011. I moved property back in June that year, informing TalkTalk by phone that the landlord agreed to continue with the service and we just wanted a change of name.

 

On the 06/06/11 I was provided via email with a change of name form, which we sent via Royal Mail following the procedure that the retentions advisor suggested and paying for all my account balance, canceling the direct debit.

 

My Landlord, who moved back to the time to the property made calls to India (so I knew it was him) and realized that they never changed the ownership of the account, even when I called them months after the mistake, indicating that the form could have probably been lost in the post.

 

Ever since, I've had a series of collection agencies trying to get the money back, to all of them, I;ve explained the same story over and over again until the last one with Moriarty Law, the ones that are now threating me to take me to court if I dont pay the inflated amount of £208.93. I do understand that these companies just buy the debts in a desperate attempt to get money back.

 

I did explain on the phone that I don't owe anything to TalkTalk and how it was possible for them to keep chasing me as I understand that this should be categorized now as barred?

 

I wonder if there's anything I could do or hit them back? I hate people like this chasing me for something that I've already explained, declaring that if they didnt change the name on the account it was their problem not mine and they are chasing the wrong person for the debt.

 

I think after 7 years I've had enough of clowns chasing me for this and believe now that this is an unlawful practice under the limitations act? Can I now take them to court for harassment opening a case in the small claims court?

 

Thank you beforehand for any help you can provide me with.

 

Kindest Regards,

 

GB

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Well it is statute barred so they can threaten whatever...simply file away their threatogrames and dont converse with them.

 

There is a statute barred template letter you may wish to send them in our library...but personally I would just ignore them as this normally creates letter tennis and is counter productive...they are fully aware its statute barred without you having to tell them....and why spend money on a court claim to simply reiterate the obvious..you dont need the stress.

 

Regards

 

Andy

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Well it is statute barred so they can threaten whatever...simply file away their threatogrames and dont converse with them.

 

There is a statute barred template letter you may wish to send them in our library...but personally I would just ignore them as this normally creates letter tennis and is counter productive...they are fully aware its statute barred without you having to tell them....and why spend money on a court claim to simply reiterate the obvious..you dont need the stress.

 

Regards

 

Andy

 

Thank you for the explanation Andy.

 

Will ignore them now

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Well it is statute barred so they can threaten whatever...simply file away their threatogrames and dont converse with them.

 

There is a statute barred template letter you may wish to send them in our library...but personally I would just ignore them as this normally creates letter tennis and is counter productive...they are fully aware its statute barred without you having to tell them....and why spend money on a court claim to simply reiterate the obvious..you dont need the stress.

 

Regards

 

Andy

 

 

Hello Andy,

 

Today I have received a Judgment for Claimant (In Default). The letter is dated 14 May 2018, but only received this morning after opening my post from yesterday.

 

They basically say that I have failed to reply to the claim form, but I didnt have one, maybe because my post is being again redirected to my new place where I moved to less than 2 months ago.

 

They say that I need to pay to the claimant the total sum of £230.93 and that the first payment by installments of £50 needs to reach the claimant by the 13th of June this year.

 

I rang the County Court Business Centre and explained that I never had a claims forms, they asked if I did want to go to court and wanted to defend, then it would be £55 to be paid on my side.

 

Again, the only conversation I had with them was by Nov/Dec last year, informing them that I didnt have to pay that and that I don't owe the money. I can't believe that they started court proceedings for these amount of money.

 

On the notes to the defendant it says that if I pay in full within one month I can ask the court to cancel the entry on the register. This is ridicolous, I am buying a house soon and I need a mortgage.

 

May I please get some help with this?

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So the Notice of Judgment managed to find the correct address but not the claim form....strange :-)

 

Its £255 to make application to set a side using the N244 Application notice..not £55.

 

The debt was statute barred before issuance of the claim ...we assume ..you will have to confirm.

 

Have you asked MCOL for a copy of the claim form ?

 

What do you wish to do .....£255 to set a side or pay or pay £230 in full by the date stated and be shot of it......?

 

 

 

Andy

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So the Notice of Judgment managed to find the correct address but not the claim form....strange :-)

 

Its £255 to make application to set a side using the N244 Application notice..not £55.

 

The debt was statute barred before issuance of the claim ...we assume ..you will have to confirm.

 

Have you asked MCOL for a copy of the claim form ?

 

What do you wish to do .....£255 to set a side or pay or pay £230 in full by the date stated and be shot of it......?

 

 

 

Andy

 

 

The Claims form surely went to the previous address where I redirected my post. In the last 12 months, I left the property where I lived for 4 years and the one where Moriarty Law has been contacting me on. I never informed them of the place where I was living. The letter surely went to the house of a friend of mine where I lived until a couple of months ago. I called Royal Mail to make the change. If the claims form went to the previous address, can I still do something with it and use it as proof if it remains unopened?

 

When I firstly wrote this post, the last letter I received from Moriarty Law (27/04/2018) said, "as you are aware we recently issued proceedings against you" and that they were instructed to enter judgment 14 days of the letter, but does not mention anything about the claim form.

 

The guy confirmed on the telephone that the debt is from 2011. I haven't paid anything to them or admitted that i owe the debt to them or many of the other collection agencies who in the past contacted me for this.

 

I haven't asked MCOL for a copy of the claims form no.

 

Are these my only two options availble? 255£ to set aside and possibly ask the judge to have the money back, based on the basis that I never received the claims for or paying in full a money that I don't owe (£230.93)?

 

Regards,

 

Giancarlo

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Issued proceedings is a claim form and enter Judgment is a CCJ...so in reality you should have been aware there was a claim form issued.

 

Opened or unopened the claim was served...the court accepts good service is served to a last known previous address...its your responsibly to either inform any creditor or debt connection of your new address and redirection is simply not reliable IMHO.

 

The debt is Statute barred as you have confirmed above ...so that would be grounds to set a side...the mix up in address is not unfortunately.

 

Looking at it pragmatically the judgment amount is £230.93..the application fee is £255 (unless your on benefits and exempt from fees).

 

If you successfully set a side and the court accepts defence on statute barred basis you can request the fee of making the application back as costs.

 

There is a further option and that is to inform the Judgment claimant that you intend to set a side and claim the fee and costs...and would they be willing by Consent Order for them to set it aside ?

We could do with some help from you.

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Ring Moriarty Law inform them you have received Notice of Judgment on a claim form that they served at your previous address with full knowledge of your current address (on the Notice of Judgment)...that the debt was statute barred before they issued the claim.....and its your intention to make application to set it aside and claim fee and costs...on the alternative would they be prepared by consent order to set it aside (they pay for the application) ?

We could do with some help from you.

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Hi Andy,

 

On the notice of judgement it also shows my previous address, not the current one.

 

Should I provide Moriarty Law with my current address under any circumnstances to make them aware that they have been sending all the correspondence during this time to a different address?

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So was the Notice of Judgment redirected or posted direct from Moriarty Law

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So was the Notice of Judgment redirected or posted direct from Moriarty Law

 

It was redirected as well. I have not received the claim form or the notice of judgement directly.

 

All what I did it was changing the redirection to my current address that's why I'm saying that the claims form could have gone to my friend's address as I haven't got anything on me apart from the communications I've just specified.

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Well sound them out....if they are not interested in a Consent....then go ahead with the application...but they will get your address then.

We could do with some help from you.

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