On 13/09/2022 at 15:57, dx100uk said:

won.

 

now you ignore everyone

 

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Thank you all.

Thank you, will do, when I can find bank card! I’m back at court house looking for it, it’s fallen out of my pocket, probably when I took phone out of pocket?! Hopefully somebody found it?

Phew!

After nearly passing out with the stress, she’s dismissed the case on lack of burden of proof from the claimant as bill supplied does not give term or details, but statement says didn’t provided broadband, tv etc, which it did supply.

Also, in one place it says 18 mths, another it says minimum 12 months, so can’t establish what it’s for or for how long?

Statute barring not considered as burden of proof not met.

thank you so much one and all, thank goodness for their ineptitude!

Rushing home now to epi dog

UPDATE 10 min recess for judge to consider claimants bundle in more detail,

she says it’s 6 yrs from my “obligation” to pay, not my last successful payment? Which they say was an 18 mth contract, when I only rented for 12, so would not have taken 18mths?
 

she’s almost bending over backwards to allow claimant maximum success? I may be mistaken?

having spent hours on live chat with talk talk they say they have no records, calls etc, only keep 12-15 months, so I have no proof that I cancelled, so it’s just my word?

Got to be honest, I’m shaking in my boots & feel sick, the stress is horrendous!

Apparently the judge didn’t get my email!!!! Now the other side saying they didn’t get it either, usher getting copies, still waiting to be called.

Wish me luck folks, court has not been cancelled, I’m here now waiting to go in, the  sheet on the board says it’s listed for 2 hours!!! Clearly they do not believe the statute barred info? or is that normal?

I rejigged it into a pdf and attached it with a confirmation letter from the estate agent of the duration of the tenancy, plus CAG’s statute barred pdf too. It didn’t save exactly as I wanted from Word to pdf, but nearly. 
 

I sent to claimant too.

Thank you all for your input, fingers crossed that will be the end of it.

Thank you but Oops, already sent, I didn’t want to be another day late.
 

I numbered the paras, put a truth statement at the bottom and requested it be dismissed, but I forgot to copy in claimant, so I better go do that now.

Is it worth rejigging it & putting in header etc at this point for the claimant & resend with header to court? 

Thank you, do I request that it is struck out or dismissed or something?

How does this sound?: 

The damage must’ve been there already because it didn’t work properly to begin with, their engineer came out a few times, it was passed to local BT engineer. As I recall the wires were loose or not connecting properly, but in order to fix it they had to climb the telegraph pole, which already had a notice on it saying not to climb as it was dangerous. The pole was not directly on my plot, it was private land, so they didn’t have permission to change it. As builders were building houses in my garden effectively, they agreed with engineer that they could erect a new pole within that plot. This was not done before I moved out. 
 

As the house was a temp rental whilst I was awaiting completion of works on another property I would not have taken out a new supply with anybody else. Not only that they say I had an 18 mth contract, but I only took a 12 month rental, so I would not have signed up for 18 months?

We fitted a sky dish & had freeview box for tv & used our mobiles. This is how I discovered the problem to begin with when I got huge mobile phone data charges on my children’s mobiles, they were streaming tv on their mobiles as they couldn’t get the TalkTalk service. I had to block all data charges or I would’ve been bankrupt! They kept releasing the block & charging again & I had to keep phoning on a monthly basis to make sure they were blocked, that’s was whole different stressful battle! They (TalkTalk) diverted all landline calls to my mobile and charged me for it, even though it was their fault?

Thank you both, just to be clear on a point, I cancelled on the phone for breach of contract because they couldn’t supply the service due to the broken pole/equipment BEFORE I moved, so I didn’t have to cancel BECAUSE I moved and inform them, because I had already cancelled it, does this make a difference? 

I’m so stressed, I’m going to down tools for a bit & regain my composure, if I’m late already, then another day isn’t going to make a difference!

In trying to compose something, which evades me, I’ve copied & pasted my defence emails into one, with some extra bits, whilst following live chat in the background in the hope that I will get some dates to confirm my last payment and my complaint date & after 4 hours of negotiating they finally admit (or are lying) that they don’t have any info to give me under SAR/DPA/GDPR? I’m off to have a cuppa! 

If an affidavit is suitable, can it be witnessed by a minister of religion? 
many thanks

I received the pdf I sent you, that has the representatives statement which is treating it as the new alleged debt, the rebelled total of the sun recalled by the bank under the DD guarantee, quoting dates from then too.

Is it worth sending an affidavit to the court swearing what I have said is true as I have not been sent info from the bank or jci or talk talk to confirm what I am saying and request they strike it out as it’s statute barred? 
 

or does that make no difference? 

Oh bleep, I put a note in my diary to say it was today! I can’t even work that out properly

I vanished to take care of my brother who is dying of cancer & is double incontinent, even though he’s just had a colostomy op in the last 2 weeks! I’ve been cleaning up & washing & trying to get my brother to bath etc, sometimes 3 times a day due to leakages.

My house smells like a care home & looks like a Chinese laundry, whilst trying to look after my own physical & mental disabilities. After much battling with local authorities & mental health team, I’ve only just got him into a home where he can be catered for, but still I have to visit daily & coordinate all his care planning, palliative & end of life planning as his POA, whilst trying to not be upset of course.

This is in between my daughter having a large lump removed with Fallopian tube & ovary, with another misdiagnosed hernia lump they have lost in surgery so she has to have another op & a seriously sick dog with seizures I’m doing my best

I heard nothing from them so assumed they would drop it at the last min as they know it’s statute barred? 
 

im trying to find out the exact dates because the bank haven’t given me the info requested so I can adapt the statement to fit? 
 

apologies for not being on the ball, just priorities & limited capacity for doing much else, but please note I am most grateful for all your help

It is already allocated, I didn’t think it would proceed given the circs, my deadline is today for filing WS etc. 
 

im even more angry now as I’ve been on talk talk chat to see if I can get copies of my files etc as JCI not supplied it, they not only are blocking that saying account locked I have to contact JCI, but they say my account has been passed to the fraud Dept! How dare they!

Thank you. I could not get to this earlier as I had a counselling appt this am, but I’m compiling now, but I’ve read through this and worry that I do not have written confirmation of cancellation because I cancelled on the phone?

Also, I wonder if I should start with mentioning I believe it to be statute barred? 
 

I have tried to attach the pdf, 

Claimant WS.pdf

Does that include redacting solicitor details? I will do mine, but I’ll have to go away and research how to upload a file again! unless it just accepts pdfs? 

I uploaded above in no 71 I think?

As far as I can see it is due 14 days before the hearing, which is listed for September? 
 

Well I assume so as it says “all” documents?

Court not till later date.

I was viewing my credit file to see if it was on there given that it was SB & I wanted to see if it was, was it in the name of TalkTalk or Lowell.

Hi, me again, sorry to be a pain, but I just looked on my credit file & the TalkTalk debt is listed as satisfied?
 

Also, it has the wrong date for account closure, which makes it stay on my file until Sept 2022? 
 

1) Does the fact that it says satisfied mean the court case is invalid?

2) Can I get it removed from my file as it is already statute barred?
 

CRA report.pdf