JC International/moriarty law Claimform - old Talk Talk phone line debt

[udf2wozza]

Hi everyone.

 

I have the same issue as antonia26.

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

i received a court letter taking me to court as i owe £257.28

 

As it was advised I have filled the form out and acknowledged of service and said I'm defending the whole claim.

I sent a CPR 31.14 request to solicitors requesting information pertaining to their claim .

I am not sure if it was done right.

I 've received letter from the court about receipt of the Defence.

 

and the letter from solicitors with the text below:

we write to acknowledge receipt of the defence filed by you with the Court and in that regard we confirm that our client is processing with their claim.

 

My CPR 31.14 was ignored and now I don't know what to do.

Any further steps I should make in this case?

 

thaank you very much for your help

[fkofilee]

Hi There

 

Thread moved. Need more info.

Whats the debt for etc?

[udf2wozza]

Hi Fkofilee,

 

Moriarty Law say the contract was with Talk Talk phone line that ended in 2011, I've been told it was a 18 month contract that was canceled after 2 years due to the payments stopping.

 

All I remember was that I had a BE internet contract, which I canceled in 2011 after leaving the property.

 

Some info on what they said:

 

 

1.the claimants claim is for the balance due under an agreement with talk talk limited dated 13/07/2009 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 (number) but has failed to do so.

 

My phone and email hasn't changed, I hadn't received any contact to say I owed any money and I never agreed to pay monthly installments in 2014.....

 

Sadly it's been so long I don't have any documentation from any contract relating to that property.

 

I find it bizarre they claim you ow money for something that was clearly out of contract and must have been on a monthly pay as you go when it got canceled.

 

What would you suggest I do in this case?

 

Many thanks for any help

[AndyOrch]

Thread moved to Financial Legal Issues

 

Hi and Welcome to CAG.

 

In response to your PM..if you could read the following link which explains the process on receipt of a court claim and then copy and paste the Q,s and your responses back here for further advice on how to proceed.

 

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

 

Regards

 

Andy

[udf2wozza]

Name of the Claimant ? JC International Acquisition LLC

 

Date of issue- 13 jun 2017

 

What is the claim for-

1. the claimants claim is for the balance due under an agreement with talk talk limited dated 13/07/2009 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 (number) but has failed to do so.

 

What is the value of the claim?- £257.28

 

Is the claim for – telephone line

 

When did you enter into the original agreement before or after 2007? Agreement from 2009

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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? Left the rented property and cancelled the internet contract that was with BE, expected them to cancel the phone line as well. Internet came with phone line. I had agreement only with Internet and I didn't use phone line.

What was the date of your last payment? In 2011

 

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan ? No

I have already defended and sent CPR 31.14 Request to solicitors which was ignored.

 

I received the Notice of Proposed Allocation to the Small Claims Track.

 

Any advice on what to do next?

 

Thank you in advance.

[dx100uk]

when exactly in 2011 was your last payment please

 

what defence did you file please

[udf2wozza]

Hi Dx100uk,

 

I've looked all over for documentation relating to this contract but I've moved a few times since and I'm unable to find anything. All I know is that it ended in 2011 when they said I canceled my direct debits (months after I moved out). It was an 18 month contract that was ended by Talk talk after 24 months when I canceled my direct debits.

 

I was hoping to get this info from the claimant with the CPR 31.14, but received no reply or acknowledgement.

 

In terms of defense I did a "defend all" online

 

Then sent the CPR 31.14.

 

I've received a Notice of Proposed Allocation to the Small Claims Track

 

Was filling it and thought I should ask about the witness question.. It asks "How many witnesses, including yourself, will give evidence on your behalf?" I'm unsure what to put as I have nothing to show.. Their chasing me for something I had long since forgotten about and cleared away the documents as it's over 6 years old. What could I possibly defend with?

 

What annoys me the most is that I would have happily paid any outstanding bills if they asked me to at the time! To chase me now and claim I owe them hundreds of pounds for something that must have been £11 a month is madness.

 

Anyway, any help on this would be appreciated and I'll donate for sure.

 

Many thanks

Warren

[dx100uk]

so std n180

yes to mediation

1 wit - you

the rest is obv.

 

 

can we please have a copy of the defence you filed on mcol please

 

 

there are lots of JC/ML TT claimform threads here already

[udf2wozza]

Thanks, I've filled the N180 as you suggested.

 

I've attached the defence PDF

[dx100uk]

no I didn't we know what an N180 looks like as I said...

and you've not even bothered to redact it

do you want them to find you then...

 

 

so YOUR DEFENCE PLEASE

[fkofilee]

Attachment has gone bye bye for now.

 

Too much info on it that needs to be redacted

[udf2wozza]

Agreed, should have redacted it but I wasn't sure what you mean't by defence, so you got it all.

 

Is there something I should have done for my defence? Do you mean the CPR 31.14 or what I'm meant to take to court?

 

Never done this before, any advice on the steps would be great, been trying to follow other threads but they get confusing at the end.

[dx100uk]

you filed a defence to the claim

what was it please

[udf2wozza]

This is what I've filled.

Is this what you need?

 

Defence

 

How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it? No, for other reasons.

 

 

Name of the Claimant- JC International

 

Date of issue- 13 June 2017

What is the claim for -

 

 

1.the claimants claim is for the balance due under an agreement with talk talk limited dated 13/07/2009 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 xxxx but has failed to do so.

3.and the claimant claims the sum of £168.78.

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 8.00% per annum amounting to £13.50

Edited July 31, 2017 by udf2wozza

[dx100uk]

no thats the particulars of claim from the claimform.

 

you went online

you chose [AOS} to acknowledge the claim

and you left jurisdiction untick and exited MCOL online.

 

you then had the remainder of the 33 days from the date on the claimform to file a defence to the claim

 

what did you file as a defence !!!

 

the claim cant have gotten too the N180 stage without YOU filing a defence.

[AndyOrch]

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it?

No, for other reasons.

 

So what were the reasons ?

 

 

Andy

[udf2wozza]

Thank you Andyorch / dx100uk,

 

I must have made a mistake somewhere because I've not sent any kind of defence, only a CPR 31.14.

 

Apologies I was under the impression the defence was for when you got to court. How I've gotten to the N180 stage I'm not sure, nothing stated I had to send a defence to anyone unless I missed it.

 

What would you suggest I do at this point? Can I correct any of the info submitted so far or send one?

 

I would have said something similar to what Andyorch wrote:

 

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim formicon.

 

Do you dispute this claim because you have already paid it?

No, for other reasons. I would have paid the final months contract fee if I was contacted about any debts, but haven't had any contact since leaving the property in 2011.

Nor did I agree to any monthly payments as I was again not contacted about any such agreement until June 2017.

 

Cheers

Warren

[dx100uk]

you must have filed a defence to get the N180

and you said in post 1 that the claimants sols then wrote and said:

 

 

we write to acknowledge receipt of the defence filed by you with the Court and in that regard we confirm that our client is processing with their claim.

so what was it?

[AndyOrch]

There wasn't a defence DX MCOL have accepted as a defence......

 

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

Do you dispute this claim because you have already paid it?

No, for other reasons.

 

Directions Questionnaires issued

[udf2wozza]

Hello Andyorch / dx100uk

 

Bit of an update,

I have a mediation date arranged though I was by the service advised to send another CPR 31.14 to Moriaty as they ignored the first one, requesting:

Agreement

The deed of assignment

The notice of assignment

The default notice

The breakdown details of the claimant amount

 

I only received notice of assignment and last two monthly bills.

 

The problem is that they sent the notice of assignment on 22nd May 2014, which was more than 4 years after I left the property in question.

Also the notice of assignment was addressed to an address I moved from 3 months before the letter arrived so I didn’t receive it (which I have proof of).

 

Looking at the two bills they sent it shows talk talk kept the phone line going for two years after I moved from the property even though I cancelled the direct debit. Annoyingly I don’t have much documentation from that address because it was a long time ago (2009).

 

I understand you want to know my defence but honestly, I do not see where it was done or what it might have been, other than on the DX MCOL where I stated “defend all”.

 

At this point, what I would really like help with is any laws around old contracts like this?

For instance, the fact I did not know anything about this debt until recently.

Shall I request any other documentation that would help me?

 

Thank you for your time

[dx100uk]

you wont get to see the deed that business confidential

nor is there a default notice

 

they have the Notice of assignment all be it they sent it to an old address which was the last TT probably had notification from you about?

so the NOA is ok as such.

 

have a read of this thread.

http://www.consumeractiongroup.co.uk/forum/showthread.php?476234-moriarty-law-JC-International-Claimform-old-Talk-Talk-Broadband-debt

 

when mediation ring

id be telling them you don't have enough information to properly defend the claim

mediation should fail

 

you say you've already spoken to them and you indicated as such and that's why yo sent a new CPR?

[AndyOrch]

Have you received your Notice of Allocation yet udf2wozza...It normally follows once you have submitted your Directions Questionnaire (N180) and contains details of the mediation service and the courts directions should mediation fail?

 

Andy

[dx100uk]

any news?

dx