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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

andrew73

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Everything posted by andrew73

  1. andrew73
    Andy if is not a witness statement any chance of a bit of hepl i dont want to get it wrong. I need to send it tomorow. Thank you
  2. andrew73
    Will i still have to send my W.S to the court and a copy to Moriartry?
  3. andrew73
    Good evening I haven't yet received anything from Moriarty. This is my Witness Statement which i plan to send next week before Friday. Will i need to change anything or will this do? Thank you In The County Court at ..... Court address....... Claim Number ....... Between J.C International Acquisition LLC( claimant) and Andrew ...... ( defendant) Witness Statement of Andrew ...... I Andrew ........ of my address the defendant in this case, make this statement in support of my evidence against the claimant, J.C Acquisition LLC. The matters set out below are within my own knowledge, except where I indicate to the contrary. 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 25.09.2017 and which the claimant received it on the 26.09.2017The 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 has failed to prove: (a) how the Defendant has entered into an agreement; and (b) how the Defendant has reached the amount claimed for; and © how the Claimant has the legal right, either under statute or equity to issue a claim; 4. The claimant has failed to provide the defendant with a witness statement or copies of all documents on which he intends to rely in court. 5.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. 6. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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. 8. 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. I believe that the facts stated in this witness statement are true ( or words to that effect) Signed....................... Date
  4. andrew73
    The court date is 23rd of Feb. By 26rd of Jan each party must deliver to every other party and the court office copies of all documents on which he intends to rely at the hearing. By 19th of Feb the claimant must file and serve a hearing bundle. by which date should i send the witness statement? They don`t have my email address. Thank you
  5. andrew73
    Happy New Year everyone i got my court date, middle of February. I received the notice of allocation. Apart from sending the witness statement to the court and a copy to the claimant is there anything else what i need to do? From reading on similar threads the witness statement is the defence in a different format. Or am I wrong to think this? Thank you
  6. andrew73
    Thank you Andy I have managed to ring the court and explained that I`m still waiting on disclosure. The mediation appointment was canceled and i was advised it will go to court I have read other threads and will carry on reading, however i learn as i go. Do i need to contact Moriartry and ask for the documentation again? Thank you
  7. andrew73
    In their email is stated ``If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries,please call the Mediation Team on the number below`` Thank you
  8. andrew73
    I did not expect the phone call and did not realy know what to answer. Reading through other posts i know realize maybe it was not the correct approach. Since this is new to me and probably to a lot of people mistakes will be made. So should i email the court or go ahead with the mediation?
  9. andrew73
    Correct.
  10. andrew73
    I have got my mediation date and time. Today I have received a call from the court asking if I'm happy to go ahead. The answer was yes. However since Moriartry have failed to send me all the documentation requested in the CPR should I email the court and inform them that the mediation will not be suitable and explain why? Or should I go ahead with the mediation? Thank you Andrew
  11. andrew73
    Bit of an update Couple of weeks ago i have received a notice of proposed location to the small claims track. I have filled the N180 form were i agreed to mediation and send it back to the court and send a copy to Moriarty. Today i received from Moriarty the following letter accompanied by three bills and the notice of assignment ``We would refer to your Defence as originally filed with the Northampton County court business centre, the contents of which have been duly noted. Please find enclosed the relevant documentation pertaining to the above stated case. Our client wishes to confirm that they are happy to settle this matter by way of a suitable out-of-court payment arrangement or via the small claims mediation service and we would invite you to contact our offices to discuss these options in further detail`` They have sent me three bills dated 16/10/2011, 17/11/2011 and 17/12/2011 Also a copy of notice of assignment `` 15 April 2014 Dear Mr a..... Talk Talk limited have now assigned your account to JC International Aqucquisitions, LLc as of 21st March 2014. Please note that Talk talk Telecom Limited are no longer responsible for the management of your account`` The notice if not signed it just states at the bottom Yours sincerely JCIA Costumer services. No other documents were received with the letter from Moriarty I have noticed conflicted information: on the initial claim form they are stating that notice was given to me on the 26/03/2014 but on the notice of assignment which is dated 15/04/2017 the date is 21/03/2014. Any advice in the next steps i need to take will be much appreciated. Thank you Andrew
  12. andrew73
    Im now going to wait for a letter from either the court or Moriarty. I dont think there is anything i can do Thank you
  13. andrew73
    Today i got a letter from Moriarty Law acknowledging the receipt of the Defence filed to the court and confirming that they are proceeding with the claim. So what next? Thank you
  14. andrew73
    Thank you
  15. andrew73
    This is what I`m about to use as my defence. Is this gone be ok? Particulars of claim The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 25.03.2010 which was assigned to the claimant on the 26.03.2014 and notice of which was given to the defendant on the 26.03.2014 and which is now all due and payable. The defendant agreed to pay monthly installments under account number 100326xxxx but has failed to do so. And the claimant claims the sum of £423.54 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% per annum amounting to £33.88. What is the value of the claim? £542.42 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 25.09.2017 and wich the claimant received it on the 26.09.2017 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 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.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 Procedure 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 credit 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.
  16. andrew73
    Hi Andy If i got my days right the deadline for the defence is 16.10. Do i have to whait until this date to submit the defence or can i do it before? Part of the evidence can i upload the cpr request and the post office receipt with the tracking number showing the cpr request was received? Could you help with drafting the defence or is there a template i can use? Should i e-mail the solicitors remainding them about the cpr request? Thank you
  17. andrew73
    I have sent the CPR 31.14 yestarday 25.09.2017 recorded delivery( letter was recived today) and acknowledged the claim online. Im just waiting now for a response. Thank you
  18. andrew73
    Thank you for the advice I take it that i need to addres the CPR 31.14 to JC international and not to Moriartry law, although their adress is on the claim but not their name. The claimant is Jc international. Do i need to send a £1 standing order with the CPR? Also when shoud i submit my acknolegment online, asap or wait towards the end of 19 days?
  19. andrew73
    Name of the Claimant JC International Acquisition Date of issue – 13.09.2017 What is the claim for – Particulars of claim The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 25.03.2010 which was assigned to the claimant on the 26.03.2014 and notice of which was given to the defendant on the 26.03.2014 and which is now all due and payable. The defendant agreed to pay monthly installments under account number 100326xxxx but has failed to do so. And the claimant claims the sum of £423.54 The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £33.88. What is the value of the claim? £542.42 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? broadband 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. debt purchaser issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? breakdown in relationship move out payments not made but account still in my name What was the date of your last payment? Unsure, phoned the bank today and they cannot find any details regarding direct debits to talk talk, very confused at this point 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 Apologies for the vague answers i genuinely don`t remember. Thank you Andrew
  20. andrew73
    Good morning all On 16.09.2017 i have received a claim form from county court business centre Issue date 13.09.2017 Particulars of claim The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 25.03.2010 which was assigned to the claimant on the 26.03.2014 and notice of which was given to the defendant on the 26.03.2014 and which is now all due and payable. The defendant agreed to pay monthly installments under account number 100326xxxx but has failed to do so. And the claimant claims the sum of £423.54 The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £33.88. Amount claimed 457.42 Court fee 35 Legal representative costs 50 Total amount 542.42 On 18.09.2017 i receive the following letter from Moriarty law: Date 15.09.2017 Dear Mrxxxxx Re: JC International Acquisitions LLC vs Mr. A xxxxx in the Northampton County Court Following our earlier letters regarding the above outstanding balance we have now issued proceedings in the County Court at Northampton to effect repayment of this debt. You will shortly receive a County Court Claim from Northampton County Court along with an information pack containing details on how to respond. It is still not too late to amicable resolve this matter and therefore please call our offices within 14 days. Alternative you may write to us at the above address or email within 14 days. Based on the particulars of the claim should i defend? Looking at the dates is this a statue barred debt? Should have they sent me the letter before the claim form and not after? What is the best way to go forward? I haven't yet acknowledged the claim on the website Many thanks Andrew

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