Talk Uk claimform - telephone Debt

[belgarion22]

Him All

 

I have recived a county court Paperwork for a debt for my limited company and my self as a named debtor, this is from a company called Talk Uk.

 

I owed them a debt from My company and agreed to an upgrade to pay off the debt which according to them left an outstanding balance of around£200.

 

also I agreed to take on the lines in my own name

as long as I got the bills sent to me and I could pay by direct debit.

They sent me terms claiming this was the contract,

 

I have spoken to them today and they say that the terms they have sent

constitute a contract and that they did not need a signature.

 

I have never had a bill in my name

all bills including the final bill including early termination

and administration are in the company name

 

. at no time have they ever sent a bill to me personaly

, also all the bills that have ever come through from Vodafone

have also been in the company name.

 

They are saying that they are going ahead with suing me as well as the company.

their admin fee has been charges at 22 * £30 inc vat,

and the termination fee is 108 + Vat

please not the Vodafone bill is 108 including vat.

 

I have put in a defence saying that the limited company was struck off in june of this year

and that I have no copy of a contract with Talk uk in my name

and that the terms letter they sent me does not count as a contract in law.

 

Please help

[fkofilee]

Moved to Financial legal Issues

[fkofilee]

Please copy the 1st post from below and fill in the questions.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[belgarion22]

In order for us to help you we require the following information:-

 

Name of the Claimant ? Talk Uk Ltd

Date of issue – 15/07/2016

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

What is the value of the claim? ££803.32

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile telephone

When did you enter into the original agreement before or after 2007? After 2007

Has the claim been issued by the original creditor . Yes

Were you aware the account had been assigned – did you receive a Notice of Assignment? No But they could have sent it by email to my old company email address

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not me

 

Why did you cease payments? Company went out of business

 

What was the date of your last payment? March 2016

 

Was there a dispute with the original creditor that remains unresolved?

They refused to put the payment back on Direct debit and kept charging the company a £30 admin fee

and replacing the Vodafone bill with one of their own and charged the Vodafone bill tool and added vat on top

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

 

 

yes but their solution was I extend the contract for two more years

and they would take all the upgrade money against the debt and the company would still owe £200.00.

and until this was paid by myself not the company

they would not put the bills on direct debit or complete the transfer into my name,

 

 

I would like to point out that I cannot contact Vodafone direct

as the account Number for these line is a sub account of Talk Uks vodafone account

I could only pay them or deal with them not Vodafone

[dx100uk]

can we have the full POC please

and can you clarify the claimants name is talk uk?

[belgarion22]

Hello dx100uk

 

I take it poc is proof of contract I have never received a formal contract from either Vodafone or Talk UK Ltd the claiments name is Talk UK Ltd they are based in Stevenage. They are trying to sue both me and my ltd company at the same time claiming that the debt is owed by both parties.

[dx100uk]

particulars of claim box

[belgarion22]

Poc as follows

 

We have supplied mobile contracts to this customer who has stopped paying and he is currently under contract. We have tried to arrange peyment terms which he was trying to keep up with but we have now lost all communication with him and we have had to disconnect the lines and charge him in full for the term of the agreement

[dx100uk]

is that really what the Particulars of Claim say!!

from the claimform?

[belgarion22]

That is the poc word for word

[dx100uk]

Weird to me

 

You filed that def a bit quick

 

So you didn't send a CPR 31:14 asking for any paperwork they might hold to backup their claim?

[belgarion22]

No but I have all relevant paperwork and none of it has my personal name on it apart from a notice of Talk UK terms all bills statements and notice before court only mention IPL Wholesales name

[dx100uk]

Are you saying in post 1 that there is 22 £30 penalty charges that have been added to debt by the claimant?

[belgarion22]

Yes they have added 22*£30 as admin fees along with 22 months early termination fees

[BazzaS]

If you didn't make any statement of personal liability / sign a personal guarantee : I'd let them continue their case against the dissolved limited company, pointing out that you deny any personal liability....

[dx100uk]

And there always the extortionately high numbers of penalties

[belgarion22]

Since about September last year this fee is for their invoice and paying the Vodafone bill that I could not even speak to Vodafone about or reset direct debit unless I went through Talk UK as the main Vodafone account for the lines was in their name. IPL Wholesales account was a sub account that I had no access to

[AndyOrch]

Who is the Solicitor named on the claim form ?

[belgarion22]

No solicitor they are representing themselves

[AndyOrch]

Talk Talk in house solicitors ?...and they have drafted those particulars

[AndyOrch]

Talk Talk in house Solicitors....? and that's their particulars...verbatim?

 

Any chance you could scan the claim form (less any identifiable details ) and upload it...I would be very interested to see this.

 

Andy

[belgarion22]

Its is not Talk Talk it is a company Called Talk UK

[belgarion22]

Hi Andy

 

I will scan and post in the morning off to bed now

[AndyOrch]

[belgarion22]

 

Here is the claim form from Talk Uk