JC International/Moriartry law Talk Talk account claim

[andrew73]

Bit of an update

 

Couple of weeks ago i have received a notice of proposed location to the small claims track.

I have filled the N180 form were i agreed to mediation and send it back to the court and send a copy to Moriarty.

 

Today i received from Moriarty the following letter accompanied by three bills and the notice of assignment

 

``We would refer to your Defence as originally filed with the Northampton County court business centre, the contents of which have been duly noted.

Please find enclosed the relevant documentation pertaining to the above stated case.

Our client wishes to confirm that they are happy to settle this matter by way of a suitable out-of-court payment arrangement or via the small claims mediation service and we would invite you to contact our offices to discuss these options in further detail``

 

They have sent me three bills dated 16/10/2011, 17/11/2011 and 17/12/2011

 

Also a copy of notice of assignment

`` 15 April 2014

 

Dear Mr a.....

Talk Talk limited have now assigned your account to JC International Aqucquisitions, LLc as of 21st March 2014. Please note that Talk talk Telecom Limited are no longer responsible for the management of your account``

The notice if not signed it just states at the bottom Yours sincerely JCIA Costumer services.

No other documents were received with the letter from Moriarty

 

I have noticed conflicted information: on the initial claim form they are stating that notice was given to me on the 26/03/2014 but on the notice of assignment which is dated 15/04/2017 the date is 21/03/2014.

 

Any advice in the next steps i need to take will be much appreciated.

Thank you

Andrew

[dx100uk]

they are sending these letter to quite a few people offering settlements as they don't appear to be winning many cases

 

dx

[andrew73]

I have got my mediation date and time.

 

Today I have received a call from the court asking if I'm happy to go ahead.

The answer was yes.

 

However since Moriartry have failed to send me all the documentation requested in the CPR

should I email the court and inform them that the mediation will not be suitable and explain why?

Or should I go ahead with the mediation?

Thank you

Andrew

[AndyOrch]

" The answer was yes. "

 

Your answer was yes?

[andrew73]

" The answer was yes. "

 

Your answer was yes?

Correct.

[AndyOrch]

Why did you state yes then state .......

 

" However since Moriartry have failed to send me all the documentation requested in the CPR

should I email the court and inform them that the Mediation will not be suitable and explain why? "

[andrew73]

Why did you state yes then state .......

 

" However since Moriartry have failed to send me all the documentation requested in the CPR

should I email the court and inform them that the Mediation will not be suitable and explain why? "

 

I did not expect the phone call and did not realy know what to answer. Reading through other posts i know realize maybe it was not the correct approach. Since this is new to me and probably to a lot of people mistakes will be made. So should i email the court or go ahead with the mediation?

[dx100uk]

shame you didn't go read those threads first then as advised weeks ago....

 

 

dx

[andrew73]

I did not expect the phone call and did not realy know what to answer. Reading through other posts i know realize maybe it was not the correct approach. Since this is new to me and probably to a lot of people mistakes will be made. So should i email the court or go ahead with the mediation?

 

In their email is stated ``If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries,please call the Mediation Team on the number below``

Thank you

[AndyOrch]

they will be ringing again to make a date...inform them then that your still waiting on disclosures.

 

In the meantime try to read a few threads then you aware of what could possibly happen next.

 

Andy

[andrew73]

Thank you Andy

 

I have managed to ring the court and explained that I`m still waiting on disclosure.

 

The mediation appointment was canceled and i was advised it will go to court

 

I have read other threads and will carry on reading, however i learn as i go.

 

Do i need to contact Moriartry and ask for the documentation again?

 

Thank you

[AndyOrch]

No...no further requests...they will have to disclose everything if they wish to proceed at the appropriate stage.

[andrew73]

Happy New Year everyone

 

i got my court date, middle of February.

 

I received the notice of allocation.

 

Apart from sending the witness statement to the court and a copy to the claimant is there anything else what i need to do?

 

From reading on similar threads the witness statement is the defence in a different format. Or am I wrong to think this?

Thank you

[dx100uk]

well sort of

there are numerous examples in those threads already

 

as with most of the others they'll probably discontinue anyway,

 

so your WS is due 14 days before hand

but hold off until the last minute to send it

see if MMF file theirs first

then we can pull it apart.

 

if you've given or they have your email address

block them as they've a habit of use email to send you your copy.early to frighten you

[andrew73]

The court date is 23rd of Feb.

 

By 26rd of Jan each party must deliver to every other party and the court office copies of all documents on which he intends to rely at the hearing.

 

By 19th of Feb the claimant must file and serve a hearing bundle.

 

by which date should i send the witness statement?

 

They don`t have my email address.

 

Thank you

[dx100uk]

as it say 26th jan...

[andrew73]

Good evening

 

I haven't yet received anything from Moriarty. This is my Witness Statement which i plan to send next week before Friday. Will i need to change anything or will this do?

Thank you

 

In The County Court at .....

Court address.......

Claim Number .......

Between J.C International Acquisition LLC( claimant) and Andrew ...... ( defendant)

Witness Statement of Andrew ......

I Andrew ........ of my address the defendant in this case, make this statement in support of my evidence against the claimant, J.C Acquisition LLC. The matters set out below are within my own knowledge, except where I indicate to the contrary.

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 which the claimant received it on the 26.09.2017The 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 has failed to prove:

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

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

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

 

4. The claimant has failed to provide the defendant with a witness statement or copies of all documents on which he intends to rely in court.

 

5.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.

 

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

 

7. 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 crediticon Act 1974.

 

8. 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.

 

I believe that the facts stated in this witness statement are true ( or words to that effect)

Signed.......................

Date

[dx100uk]

give it till Tuesday after your normal post comes

if no WS from moriarty by then

ring the court and tell them they have failed to abide by the judges orders of date xxx

[andrew73]

Will i still have to send my W.S to the court and a copy to Moriartry?

[dx100uk]

poss not.

[AndyOrch]

Thats not a witness statement ...its a defence and yes you must still file yours on time...dont worry about sending the Solicitors a few days late.

 

Andy

[andrew73]

Thats not a witness statement ...its a defence and yes you must still file yours on time...dont worry about sending the Solicitors a few days late.

 

Andy

Andy if is not a witness statement any chance of a bit of hepl i dont want to get it wrong. I need to send it tomorow. Thank you

[AndyOrch]

See post#196 in the following.....

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?456262-Arrow-Restons-claimform-old-MBNA-debt/page10