Proof of Debt/Talk Talk

[lord_tiger_putin]

Which proof must a utility company (Talk Talk) provides in court that I actually owe them the money? I remembered signing something when one their clowns came round.

[buzby]

An inovice or statement detailling the amount owed is all that is required.

[MARTIN3030]

Thread moved here.

Care to give some background to all this ?

[lord_tiger_putin]

Thread moved here.

Care to give some background to all this ?

 

Thanks Martin.

 

The story is in this thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/268217-help-please-bc-solicitors.html

 

My problem is that I cannot determine which documnets to request under CPR31.14 seeing that the POC is so vague. I am following advice that has been given to me to send a letter to the Solicitors to ask them to update the POC or I will ask for a struck out based on me not able to build a defence of the vague POC.

[lord_tiger_putin]

An inovice or statement detailling the amount owed is all that is required.

 

I find it difficult to interpret. By sending out an invoice is no proof that I owe them that money. In this case I do dispute the amount been claimed and they refused to respond to a request for information. My current supplier is Virgin Media and the contract I have with them is covered by CCA 1974 as a hire agreement, surely they must supply an agreement to pursue any alleged outstanding debts?

[locutus]

No credit involved with a telecoms account, so the CCA does not apply.

[buzby]

I find it difficult to interpret. By sending out an invoice is no proof that I owe them that money. In this case I do dispute the amount been claimed and they refused to respond to a request for information. My current supplier is Virgin Media and the contract I have with them is covered by CCA 1974 as a hire agreement, surely they must supply an agreement to pursue any alleged outstanding debts?

 

An invoice is proof of the services supplied. You non-payment is confirmation that the debt has not been paid. What I thnik you mean is if they did not supply the service, then you challenge the invoice as being inaccurate.

 

Similarly, although confusing it is easier for Virgin to state it is covered by the CCA. It actually isn't, as you've probably never signed a CCA agreement nor actually recieved credit from them, they argue that they default bad payers and amend their credit file to show such defaults, but the acit test is whether the agreement if in dispute is handled by the FOS. It isn't, it is simply a bog-standard service contract.

 

Of course, they also tell people the get 'up to' X Mb on their broadband service. That's a stretch too. Since it isn;t a CCA agreement, the do not pursue you for this - they pursue you for not paying your invoice on demand, and this is all they need to do - there is no requirement to prove the services were 'consumed' by you.