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

[dx100uk]

post only

[aamtheman]

Should I physically sign each copy, or leave the signature typed too?

[dx100uk]

as its a phone contract - where theres no risk of it finding its way onto a copied agreement...then

theres no harm in signing.

 

though on the copy to the sols, you can leave off email/phone details to stop possible unwelcomed harassment in the future

[aamtheman]

Thank you, N180's will be posted tomorrow.

[aamtheman]

Ok so here's an update.

 

About a week later I got a phone call from the court to book the mediation appointment.

 

The lady explained the process and which situations it might not be suitable for.

 

In the end we decided that mediation wouldn't be suitable since I was disputing the whole amount

also I didn't believe that they had provided enough evidence.

 

The case has now been passed to my local court (Leeds) so I'm just waiting to hear from them now.

[aamtheman]

Another update.

 

The claim has been allocated to Small Claims Track and the 1 hour hearing will take place on 15th June 2018. Claimant has until 21st May to pay £25. From what I gather from the court order, I have to submit my witness statement to the court and other party at least 14 days before the hearing.

[dx100uk]

Yep

[aamtheman]

Is there any point waiting until they've paid £25 so I know for sure it's happening, or shall I just get it done and sent ASAP?

[dx100uk]

Get in done but never send it before you get theirs if you can..don't blink 1st

[AndyOrch]

Lets hope you get a good judge as in the following.....

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481255-MMF-Moriarty-Claimform-Peachy-PDL-debt***Claim-Dismissed***/page5

[aamtheman]

Please can someone send me a link to a template witness statement appropriate for my case?

[dx100uk]

there are no templates each case is individual to its POC/your filed defence.

 

use the search CAG box of the top red toolbar

 

moriarty claimform witness statement.

 

though remember they never turn up anyway

[aamtheman]

Yes I've read quite a few of the other threads and I'm not expecting anyone to show up to the hearing. I will of course be attending the hearing, I've taken the day off work to do so. In terms of the timing of the witness statement, I have to submit to the court at least 14 days before in any case, but what about sending to Moriarty Law? Shall I wait until they've sent me theirs?

[dx100uk]

read your notice of allocation...

[aamtheman]

It says 14 days before hearing to court and other parties. But then above you said don't blink first.

[dx100uk]

Correct

[AndyOrch]

Witness statements and evidence must exchanged and filed 14 days pre hearing date.....any party that does not comply risk their claim/defence being struck out for none compliance with directions.

 

 

Andy

[aamtheman]

Thanks for clarifying Andy.

 

If the notice of assignment of debt has "REPRINT" plastered all over it, can I mention this in my witness statement that it's not the original and could have been fabricated? I doesn't even have the Talk Talk account number on it, some other one, probably their own.

[AndyOrch]

Draft your statement and what documents you refer to and we will go through it.

[aamtheman]

Ok, well I found a good witness statement in another case (not telecoms), and I've tried to adapt it, but I might need your help to further fine tune it:

 

My witness statement:

 

I, XXX, being the Defendant in this case state as follows;

 

I make this Witness Statement in support of my defence dated 4th December 2017 and in response to the claimant’s claim dated 21st September 2017 which was submitted through County Court Business Centre.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Talk Talk Ltd. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

 

I formally requested via CPR 31.14:

 

A copy of the original agreement;

A statement of account;

A copy of the terms and conditions as applicable at the time of the agreement;

A copy of any Default Notice/ termination notice;

A copy of any notice of assignment showing the claimant’s legal right to take action

 

Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

4. Disclosures

 

The claimant has supplied some documentation but has failed to comply fully with my formal requests.

The claimant has failed to provide:

 

A statement of the account showing completely and exactly how the amount claimed for has been reached

A copy of a default notice/termination notice

A copy of a legal notice of assignment showing the claimant’s legal right to take action

 

I received copies (no originals) of three bills:

 

25th April 2014 - £120.74

26th May 2014 - £122.29

25th June 2014 - £102.67

 

All of the bills are for different amounts, with the June bill being less than the April bill. I find it hard to believe that the amount due could decrease over time unless a payment had been made.

 

 

I also received a document purporting to be a ‘notice of assignment of debt’ however it is highly inconsistent in that, it is unsigned, it contains no formal company information e.g. company number and tax details and is not in the format of other letters that have been sent by the claimant. It also has “Reprint” in the background, which means in fact it could have easily been produced the day before it was sent to me for the purposes of this case.

 

Furthermore it is dated 28/05/2015 (a date format not used on other correspondence from the claimant) and this DIRECTLY contradicts the statement made in the particulars of claim, that notice was given on 31/03/2015.

 

5. Conclusion

 

The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgment.

 

Statement of Truth

[AndyOrch]

I take it you have yet to receive the claimants statement and evidence ?

[aamtheman]

That is correct. But as you say I need to prepare my statement now so I can get it to them (court and claimant) by the 1st June. Hearing 15th June.

[dx100uk]

Mobile debts are not covered by the cca

Use one of the numerous mobile witness statement S

100's here already

s

Use the search cag box of top red toolbar

 

Jc claimform witness statement

[aamtheman]

Is this any better?

 

WITNESS STATEMENT OF (Defendant)

---------------------------------------------------------

1. I make this statement in support of my defence to the claim above.

 

2. This claim is in respect to termination fees under a contract to supply Land and Mobile Line Telephone Services to (Address)

 

3. The Particulars of Claim submitted by the claimant advises the contract was entered into on 22nd November 2012 but with no termination date, and with a balance of £102.67

 

4. Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Talk Talk Ltd. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

 

I formally requested via CPR 31.14:

 

A copy of the original agreement;

A statement of account;

A copy of the terms and conditions as applicable at the time of the agreement;

A copy of any Default Notice/ termination notice;

A copy of any notice of assignment showing the claimant’s legal right to take action

 

Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

5. I do not recall having received a Notice of Assignment, as stated by the Claimant and despite my request for a copy of said document, under CPR 31.14, the Claimant has failed to provide me with such, at the time of the request. Since then the claimant has sent me a “Reprinted” copy of the assignment.

 

However, it is highly inconsistent in that, it is unsigned, it contains no formal company information e.g. company number and tax details and is not in the format of other letters that have been sent by the claimant. It also has “Reprint” in the background, which means in fact it could have easily been produced the day before it was sent to me for the purposes of this case. The account number on this letter also doesn’t match the original Talk Talk account number as it does in all other documents.

 

Furthermore it is dated 28/05/2015 and this DIRECTLY contradicts the statement made in the particulars of claim, that notice was given on 31/03/2015.

 

Therefore the Claimant is to provide strict proof to:

 

(a) show how the Defendant has entered into a Agreement/ Contract; 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;

 

6. While I resided at (the address) I was married, and it was my wife at the time that dealt with all services and bills.

 

7. I left the matrimonial home in June 2013 due to a non-molestation order issued by Bradford County Court in favour of my ex-wife and was therefore unable to access anything after this time.

 

8. Without the original agreement I cannot advise if this agreement has been taken out fraudulently.

 

9. The claimant has also supplied recreated copies (no originals) of three bills:

 

25th April 2014 - £120.74

26th May 2014 - £122.29

25th June 2014 - £102.67

 

All of the bills are for different amounts, with the June bill being less than the April bill. I find it hard to believe that the amount due could decrease over time unless a payment had been made. None of the bills state that they are the “Final Bill” or that the account has been closed.

 

 

10 Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of 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.

 

11 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.

[AndyOrch]

I prefer the one in post # 45......point 2 still applies even though its a mobile contract...the CCA refers to assignment of debt...not the agreement.

 

Add point 10 at a suitable point and your not far off.......6 & 7 of your second attempt are irrelevant to defending a claim.

 

 

Andy