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aamtheman

Moriarty Law / JC International Claimform - old Talk Talk Ltd debt***Claim Dismissed***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 359 days.

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Hi All,

 

Today I have received a letter from Moriarty Law:

 

Our Ref: xxx

Acc No: xxxx

Amount Due: £185.88

Claim No: xxxxx

Original Lender: Talk Talk Limited

 

Dear Mr. X,

 

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 amicably resolve this matter and therefore please call our offices within 14 days on 02031264544 where our litigation executives will be happy to help and explain the options that are open to you.

 

Yours faithfully,

 

Moriarty Law

 

I believe this "debt" relates to my previous house where I lived with an ex-wife.

My ex took out a restraining order against me and so I was effectively kicked out of the house.

I contacted Talk Talk who supplied the phone and broadband and told them I was no longer living there and they sent me a change of ownership form.

I filled it in, sent it off and thought that was the last of it, and cancelled my direct debit.

 

 

Until today, when I received the above letter.

I have access to my Experian credit report and nothing mentioned on there about it either.

 

 

After checking my emails, I signed up on 10/11/2012.

After checking my bank statements, it seems the last payment I was for £10.11 on 04/07/2013.

Will I definitely be getting a claim form or is there a chance they are trying to scare me into paying up?

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Well the claim form arrived today :roll:

 

Name of the Claimant ? JC International Acqusition LLC

 

Date of issue – 21st September 2017

 

What is the claim for – the reason they have issued the claim?

 

 

1.The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 22/11/2012 which was assigned to the claimant on 31/03/2015 and which is now all due and payable.

2. The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so.

3. And the claimant claims the sum of £102.67.

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 £8.21.

 

What is the value of the claim? £185

 

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

 

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? 4th July 2013

 

What was the date of your last payment? 4th July 2013

 

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

 

Do I just need to go online and acknowledge that I've received the claim form for now?

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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


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Thanks dx. I have now acknowledged service online, and selected defend all. I have also drafted a CPR 31:14 request using the template on this site, which I will be posting recorded delivery today. What's the next step? Should I now be drafting my defence?

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If you search on this site, you will see similar threads to yours, where Moriarty Law have issued court claims for Talk Talk debts.

 

https://www.consumeractiongroup.co.uk/forum/search.php?searchid=8605690

 

If you take the time to look at the threads, you will find example defences and then you can start to put together your own. Do not post your defence to the court, until you have posted it to your thread, so that those with the knowledge can review first. Just keep an eye on when your defence is due and start to work on it now, rather than rush it later.

Edited by Andyorch
Link corrected

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After searching similar threads I've found a defence which seems to be good for my case too. Please can someone check that it's ok before I send it. Thanks

 

 

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 06.10.2017 and wich the claimant received it on the 09.10.2017

 

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 Procedureicon 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 crediticon 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.

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2.The claim is denied.I am unaware of what debt the claimant refers to

 

What was the date of your last payment? 4th July 2013

 

If your unaware of what the debt is...why did you make payment ?

 

Andy


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That was the last direct debit payment I made of £10.11. At the time that payment was made, I was in a contract with TalkTalk at a previous address. I informed them I was effectively made homeless and sent form to transfer the contract to my ex and never heard anything since, until now. So that's why I'm unaware of the debt is.

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But you are aware of it...you cant state in a defence that you are unaware...you could state that you did previously hold the account but transferred it to your ex on xxxxxxx ...you will need a copy of this form you refer to though .


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I never kept a copy of the completed form. I do however have an e-mail from TalkTalk which confirms that I called them and that it was about Change of Ownership, and a link to the form. Would that help?

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Perfict :wink:

 

You need to reword the proposed defence now to account for that.


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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 have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 06.10.2017 and which the claimant received it on the 09.10.2017

 

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 and evidence the nature of breach;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 Procedureicon 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 crediticon 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.

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Just a slight addition in blue above.

 

It may be worthy of also adding that you made a final payment of £ x on the xxxxx at which time the balance was nil ?


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Thanks Andy. With regards to final payment, there wasn’t really a “final payment” made as such, it was more a case of me cancelling my direct debit after sending off the change of ownership form. I wasn’t at the property anymore so I didn’t want to carry on paying for services there.

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In all honesty I dont think you can transfer an account as such..you could terminate it by giving notice and your ex reapply for an agreement in her own name..hence it did not happen and the charges continued in your name....its a weak excuse and not really a valid point...therefore I will remove all reference.


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Thanks Andy, shall I just copy and paste the above into my defence now on the claims site?

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Thanks Andy, I've just entered my defence into the website. Let's see what happens.

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AN UPDATE

 

Yesterday I received a letter from Moriarty Law along with an old bill that I owed TalkTalk £102.67 and payment was due on 09/07/2014.

 

Their letter says that they are happy to settle out of court or via small claims mediation service.

 

Today I received a letter from court Notice of Proposed Allocation to the Small Claims Track. I must complete N180 and file it with court office by 08/12/2017.

 

Any advice on what to do next?

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you'll have to do the n180 by the date, if no settlement is reached prior.


IMO

:-):rant:

 

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If you do not want to accept their offer of settlement submit the n180 by the dates stated.....

 

Yes to Mediation

Yes to Small Claims Track

Name your local County Court

1 Witness ...yourself

 

The rest is self explanatory tick boxes....3 copies....court ...claimants sol...file


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letter they are sending to everyone that has a claim wiith them about a TT debt if you go look around...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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letter they are sending to everyone that has a claim wiith them about a TT debt if you go look around...

 

Correct......every claim they issue...they proceed to allocation and then inform the court they will not be in attendance and just rely on a witness statement to keep their litigation costs down.....Im sure the courts will soon cotton on to their practice...issuing claims with no intention of attending because debtors have submitted a defence.


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Thanks Andy. The N180, is it possible to do online, or do I have to fill in paper, make 3 copies and post them out to court and Moriarty?

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