JC International/Moriarty Claimform - old Talk Talk Broadband debt

[dx100uk]

ah that's in the earlier scan.

 

 

opps so you did have notification...opppss!!

[rockymountains]

??

[AndyOrch]

So the trial date is 18th Sept 5 days away...the Notice of Allocation is dated 17th August and you must submit your documents and witness statement 14 days before the trial day.

[rockymountains]

Correct! Ive messed up. i thought i should wait to see if they even bothered to pay the fee and go to court.

 

clearly not ideal. but when i got their pack i realised they paid and then panicked.

 

Beyond help?

[AndyOrch]

You could still submit a witness statement sharpish...and then make your excuses when you get to hearing.

[rockymountains]

To be honest, what is even my argument?

 

What would i put in a witness statement. i have no clue.

[AndyOrch]

To be honest, what is even my argument?

 

What would i put in a witness statement. i have no clue.

 

Very little as you dont need any argument given you submitted a statute barred defence...you simply expand and repeat your defence....but in witness statement format.

[rockymountains]

I didnt go with the statute barred defence. It was a holding defence?

 

Now they have provided all the info they originally wouldnt do you think the court will just rule in their favour?

[dx100uk]

:frusty:

[rockymountains]

Im sorry you feel tat way DX.

 

I have no clue!

[dx100uk]

well we thought you'd confirmed it was statute barred...

 

 

you have the statements there from their WS?

when was the last payment from them?

[rockymountains]

I don't recall ever leading you to believe I was going statute barred defence. I looked back and the 3rd and 2nd to last posts on page 2 show this.

 

Last payment date was 8th Sept 2011. So yes 6 years is up now but that doesn't make it statute barred does it? As they started this process before hand.

 

I did state these dates in previous posts so again maybe I've got this wrong but why would you think it was statute barred?

[dx100uk]

can we see the invoices exhibit from their WS please

need to get your WS ready to post tomorrow or even better send to the court/claimants sols by email

[rockymountains]

This is all there was

statements.pdf

[rockymountains]

The hearing is at 10am tomorrow morning

[dx100uk]

you are just gonna have to wing it as you didn't file a witness statement

maybe you have a valid excuse why ,

use it if asked why you didn't file one.

 

 

you indicated earlier that you didn't have a broadband account with them etc the statement prove that

but it looks like you did have a phone line with them and there appears to be usage after your last payment in 201

[ that you point out quite rightly negates statute barring]

[dx100uk]

opps power failure here...

 

you indicated earlier that you paid off the account or tried to

and that they then made certain refunds to you

the statements back this up

 

8/9/11 payment by credit card clears the balance so at that point you owed £0.

did you then cancel?

 

if so the TT essentials/line rental are not owed. [£19.10}

you need to request a breakdown of all phone usage.[£11.82]

the non DD charges are unlawful [£4.50]

total ...£35.42.

 

11oct - 11nov shows 4 calls made upto 12/11

I would suggest you cancelled on 29/10

as there are various refunds that you speak of earlier

but the above shows you were able to make calls that cost nothing but strangely they charged £5.37 for?

 

they do the same in the previous month

claiming £35.42 was carried from sept bill

 

adding again rentals and fictitious calls made

and the CC card fee for bob DD

[rockymountains]

What makes the non dd fees unlawful?

 

Yes they told me I cancelled on 28th October.

Honestly I can't recall none of this.

Why would it's over 5 years ago.

So I have to assume what they say is correct.

[dx100uk]

how'd you get on?

[rockymountains]

I got worried and didn't go. I had no idea what to say or do.

 

If they asked what my argument was what would I say?

 

I guess i would have just lost anyway so why go anď loose money from work also.

[dx100uk]

so as post 61

make sure you do

else it will blight your file for 6yrs

[rockymountains]

Will do.

 

Would they have added.more money or would.it just be the amount they claimed for?

[dx100uk]

only the total in the POC

[rockymountains]

Morning, I have not heard a thing from the court about what happened or moriarty.

 

If I only have 28 days before I get a ccj.

 

Then surely someone should have let me know the outcome etc.

 

Monday 16th Oct is 28 days from court date.

 

Thanks

[AndyOrch]

Ring your local county court and ask what happened and if you are going to get a Notice of Judgment.