JC International/Moriartry law Talk Talk account claim

[andrew73]

Good morning all

 

On 16.09.2017 i have received a claim form from county court business centre

 

Issue date 13.09.2017

Particulars of claim

The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 25.03.2010 which was assigned to the claimant on the 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.

The defendant agreed to pay monthly installments under account number 100326xxxx but has failed to do so.

And the claimant claims the sum of £423.54

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 £33.88.

Amount claimed 457.42

Court fee 35

Legal representative costs 50

Total amount 542.42

 

On 18.09.2017 i receive the following letter from Moriarty law:

 

Date 15.09.2017

Dear Mrxxxxx

Re: JC International Acquisitions LLC vs Mr. A xxxxx in the Northampton County Court

 

Following our earlier letters regarding the above outstanding balance we have now issued proceedings in the County Court at Northampton to effect repayment of this debt.

You will shortly receive a County Court Claim from Northampton County Court along with an information pack containing details on how to respond.

It is still not too late to amicable resolve this matter and therefore please call our offices within 14 days.

Alternative you may write to us at the above address or email within 14 days.

 

Based on the particulars of the claim should i defend?

Looking at the dates is this a statue barred debt?

Should have they sent me the letter before the claim form and not after?

What is the best way to go forward?

I haven't yet acknowledged the claim on the website

 

Many thanks

Andrew

[AndyOrch]

Hi Andrew and Welcome to CAG

 

If you could complete all the details in the following link and copy and paste the Qs and your response back here so we have all the details in one post.

 

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

 

Regards

 

Andy

[andrew73]

Name of the Claimant JC International Acquisition

 

Date of issue – 13.09.2017

 

What is the claim for – Particulars of claim

The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 25.03.2010 which was assigned to the claimant on the 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.

The defendant agreed to pay monthly installments under account number 100326xxxx but has failed to do so.

And the claimant claims the sum of £423.54

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 £33.88.

 

What is the value of the claim? £542.42

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? broadband

 

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

 

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 issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure

 

Did you receive a Default Notice from the original creditor? Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

 

Why did you cease payments? breakdown in relationship move out payments not made but account still in my name

 

What was the date of your last payment? Unsure, phoned the bank today and they cannot find any details regarding direct debits to talk talk, very confused at this point

 

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 planicon? No

 

Apologies for the vague answers i genuinely don`t remember.

 

Thank you

Andrew

[AndyOrch]

Many thanks....

 

I would always advocate defending all claims of this type...as once the claimant is put to strict proof to disclose all documents..it simply cant comply and end up discontinuing the claim.

 

So your next task...refer to my earlier link.....you need to send a CPR 31.14 request to the claimants solicitors.....instructions are contained within the template.

 

You also need to acknowledge service of this claim...you have 19 days from and including the date on the claim form..state defend all..you then have a further 14 days to submit your defence...so 33 days in total.

 

You can acknowledge service on line... the instructions are contained in the claim pack.

 

Regards

 

Andy

[andrew73]

Thank you for the advice

I take it that i need to addres the CPR 31.14 to JC international and not to Moriartry law, although their adress is on the claim but not their name. The claimant is Jc international. Do i need to send a £1 standing order with the CPR?

Also when shoud i submit my acknolegment online, asap or wait towards the end of 19 days?

[AndyOrch]

No the CPR 31.14 is free to send..it goes to the address named in the box to send documents.Take your time to acknowledge no rush as long as you complete it on time and use that time to read other similar threads from the same claimant and same type of claim.

[aamtheman]

Hi Andrew, I will be closely following your case as I am in a very similar predicament. Only difference is that you received the claim form a couple of days before the letter saying they are issuing proceedings. I have only received the letter so far, no claim form.

[andrew73]

No the CPR 31.14 is free to send..it goes to the address named in the box to send documents.Take your time to acknowledge no rush as long as you complete it on time and use that time to read other similar threads from the same claimant and same type of claim.

I have sent the CPR 31.14 yestarday 25.09.2017 recorded delivery( letter was recived today) and acknowledged the claim online. Im just waiting now for a response. Thank you

[AndyOrch]

I doubt you will get any...keep your eye on your defence date and start looking at other similar threads with defences.

 

 

Andy

[andrew73]

Hi Andy

If i got my days right the deadline for the defence is 16.10.

 

Do i have to whait until this date to submit the defence or can i do it before?

 

Part of the evidence can i upload the cpr request and the post office receipt with the tracking number showing the cpr request was received?

Could you help with drafting the defence or is there a template i can use?

Should i e-mail the solicitors remainding them about the cpr request?

Thank you

[AndyOrch]

Friday the 13th your defence is due...and no you dont need to wait you can submit anytime now.

 

No you dont chase or issue reminders.

 

You dont submit evidence with a defence...thats for later next stage.

 

Plenty of similar defences contained in the Financial Legal Success forum.

 

Andy

[andrew73]

This is what I`m about to use as my defence.

Is this gone be ok?

 

Particulars of claim

The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 25.03.2010 which was assigned to the claimant on the 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.

The defendant agreed to pay monthly installments under account number 100326xxxx but has failed to do so.

And the claimant claims the sum of £423.54

The claimant also claims interest thereon pursuant to S.69 county courticon act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £33.88.

 

What is the value of the claim? £542.42

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.The claim is denied.I am unaware of what debt the claimant refers to.I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 25.09.2017 and wich the claimant received it on the 26.09.2017

 

The claimant has failed to respond.

 

3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited October 10, 2017 by Andyorch
edited

[AndyOrch]

Just a few tweaks and additions ..the above is okay.

 

Andy

[andrew73]

Just a few tweaks and additions ..the above is okay.

 

Andy

Thank you

[AndyOrch]

Dont submit the particulars...just the defence.

[aamtheman]

Any news Andrew?

[yeivad]

Any news Andrew?

 

I don't mean to hijack this thread... but I'm in a similar position.. and just had an update.

 

• Claim amount: £352.76
  
• CPR 31.14 & CCA letter sent 21/09/2017, both unacknowledged
  
• Defence filed 09/10/2017
  
• Today, 28/10/2017 - received a letter Moriarty Law acknowledging the receipt of the Defence filed to the court and confirming that they are proceeding with the claim.
  

 

So.... I don't think the OP should be hopeful at this stage. It seems that claims previously would have been dropped at this point, but it doesn't look so likely?

[andrew73]

Today i got a letter from Moriarty Law acknowledging the receipt of the Defence filed to the court and confirming that they are proceeding with the claim. So what next?

Thank you

[dx100uk]

I don't mean to hijack this thread... but I'm in a similar position.. and just had an update.

 

• Claim amount: £352.76
  
• CPR 31.14 & CCA letter sent 21/09/2017, both unacknowledged
  
• Defence filed 09/10/2017
  
• Today, 28/10/2017 - received a letter Moriarty Law acknowledging the receipt of the Defence filed to the court and confirming that they are proceeding with the claim.
  

 

So.... I don't think the OP should be hopeful at this stage. It seems that claims previously would have been dropped at this point, but it doesn't look so likely?

 

go start a new thread of your OWN PLEASE

[dx100uk]

Today i got a letter from Moriarty Law acknowledging the receipt of the Defence filed to the court and confirming that they are proceeding with the claim. So what next?

Thank you

 

there are 100's of claims here already from MMF/JC...

 

go read them

 

CAG is self help too

 

dx

[yeivad]

go start a new thread of your OWN PLEASE

 

You are missing the point of my response, I wasn't seeking support on this thread - I was sharing that the tone seems to have changed - which is helpful to those that want to help and the OP.

 

Honestly, if you can't be helpful.. Why post?

[dx100uk]

well no the tune has not changed

we don't know what defence you filed

to get that response

and anyway

a claimant dog always says they are going to continue its not for them to decide anyway...

they've never said any different.

 

there are no examples that claims have been dropped immediately by them once a defence is filed...

[andrew73]

Im now going to wait for a letter from either the court or Moriarty. I dont think there is anything i can do

Thank you

[aamtheman]

Honestly, if you can't be helpful.. Why post?

 

He’s actually one of the most helpful people on here, go and read all the threads.

[dx100uk]

Im now going to wait for a letter from either the court or Moriarty. I dont think there is anything i can do

Thank you

 

go read the letter from the court Andrew

it tells you exactly...don't speculate upon whats correct.