JC International/Moriarty Claimform - old Talk Talk Broadband debt

[rockymountains]

Hi all,

 

Today March 30th 2017 i have received Northampton court claim forms for a Talktalk debt of £63.86 its been raised to £68.96. The form is dated 28th march 17.

 

They date it back to 30/10/2009. They also state i agreed to pay this by instalments, but failed to do so (which is news to me).

I vaguely remember when we ended the contract with them the paid me money that was owed to me.

 

Moriarty Law are acting on behalf of JC international.

 

Ive checked my credit file and cannot see any closed accounts or otherwise with Talktalk.

 

Im reluctant to call these companies to find out anymore information.

 

After a search on google i've come across statute barred and another situation extremely similar to mine that ended in claim discontinued.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?463115-moriarty-law-JC-International-Claimform-old-Talk-Talk-Broadband-debt-***Claim-Discontinued***

 

I cant post link due to less than 10 posts

 

I don't know how to approach/resolve this, any help would be appreciated.

 

Thank you

[dx100uk]

can you fill this in please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

and go ring TT and ask last payment date

 

ML/JC are easy to do over

they issue them hoping for a non contested default judgement or a knee jerk payment ...DON T!!

as 99'9% of these claims are already statute barred s you've found

[rockymountains]

Name of the Claimant ? JC International Acquisition LLC

Date of issue – 28th March 2017

 

Date of Acknowledgement 15th April 17

 

 

Date to file Defence - by 4pm 28th April 17

 

What is the claim for –

 

1.The claimants claim is for the balance due under an agreement with Talk talk limited dated 30/10/2009 which was assigned to the claimant on 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.

2.The defendant agreed to pay monthly instalments under account number

3.And the claimant claims the sum of £64.

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 £5

 

What is the value of the claim? £143.96

 

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

 

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

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 has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't believe so

 

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 ? no

 

Why did you cease payments? Contract ended

 

What was the date of your last payment? I have contacted talk talk and they wont talk to me about any payments

 

Was there a dispute with the original creditor that remains unresolved? Not that i'm aware of

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No - Not needed

[dx100uk]

you state in post one they said some stuff in letters

can you scan those up to ONE multipage pdf please

follow the upload

 

 

I'm thinking this is statute barred

[rockymountains]

The information i have given in post 1 is just from the claim form. The only letter i have from Moriarty law tells me to expect county court claim forms and i have 14 day to still amicably resolve this matter.

 

Im not sure how to get any transaction history from talk talk. so how would i know if this is statute barred?

[dx100uk]

ok thanks.

 

you might file the defence as that other thread you found but not yet

we need to know if this is state barred or not

for now...

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[rockymountains]

Great i will get straight onto that first thing in the morning. Once i have completed the cpr 31.14 letter could i pm it to you to check all is good before i send?

 

Does this now mean i am not going down the statute barred route? sorry for my ignorance on this subject.

 

thanks DX

[dx100uk]

surely it cant be SB'd you've paid within 6yrs?

[rockymountains]

I'm confused now! in post 4 you said you're thinking it's SB. now you're saying it cant be as i've made a payment in the last 6 years! yet i've not told you this so where has that information come from?

[dx100uk]

you mentioned SB in post one , but if it had a mobile phone account linked with it? which these mobile dongles normally do, then you've probably paid on the account with 6yrs. anyway.?

 

 

but lots of time to sort that out till defence needs filing and we'll use the one in that other thread if its not SB'd

[rockymountains]

Okay. I've never had a mobile dongle or mobile phone with Talktalk. The only contract i can ever remember with Talktalk is a home broadband one.

 

I'm trying to complete the cpr 31.14 template and i'm finding it difficult to amend and understand what to take out due to it being Northampton court? Is there a copy i can open in Word?

[dx100uk]

what northant got to do with it?

 

 

copy and paste the CPR text into word

[rockymountains]

See that attachment where it says (in blue) about removing if its Northampton.

 

As its a pdf it wont allow me to copy and paste it. Anything that is bracketed is non insertable either.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

As post 6 link

[rockymountains]

CPR 31.14 has been sent recorded delivery.

 

is the next step just to hang tight and wait for some form of reply?

[dx100uk]

have you ack'd [AOS] the claim on mcol website?

 

 

why not ring TT and ask your last payment on the account number in the claimform POC

[rockymountains]

Yes been onto the Mcol website and followed your instruction from previous post.

 

I have tried tt. They wouldn't tell me anything, due to the account being sold.

 

Poc?

[dx100uk]

particulars of claim

 

now go back to TT and tell them that under the Data protection act and the prevention of fraud act

they MUST hold your data FOR 6 YRS.

 

and if they don't hold it then you consider the debt statute barred

 

and if you find out later they DO hold your data you will complain to the information commissioner and the financial conduct authority and seek financial compensation against them.

 

ask to speak with a manager not the front line telephone staff.

[rockymountains]

i have called them again,

another 3 times trying to see if i can get a better answer.

 

They all state the same thing.

'cant access the account as the debt has been sold'.

 

I quoted your points from the last post, but it didn't make any difference.

 

However the last person i spoke with (manager) has agreed to try and get the information i've asked for.

He says they will call me back within 72 hours.

 

The CPR31.14 was signed for on the 4th.

Not had anything back as yet!

[renegadeimp]

See them. But you'll be waiting 40 days for info. Could use sb or check your bank statements because the new owner certainly wont have the last payment date and can't prove its.not sb. Especially if talk talk say they don't have the info. Even though they have to leep.itnfor 6 years regardless of who owns it.

[dx100uk]

well you don't want a reply to the 31:14..think about it.

 

 

you've got until the 28th no rush

[rockymountains]

So tomorrow is the 28th.

 

I have today received an email from talk talks ceo office. My complaint has been escalated numerous times. It states they are still trying to gain the information i require.

 

What is my next move? The defence?

[dx100uk]

Should have been researching that here anyway regardless

Lots of like mobile claims here withe the no paperwork/holding defence

[rockymountains]

and that helps how?

[dx100uk]

not a good idea to operate on a last-minute.com-basis.

you've had since the 11th to do this

cag is self help too.

dx