moriarty law/JC International Claimform - old Talk Talk Broadband debt

[little spiceracks]

Do you understand what it conveys little spiceracks ?

 

Andy

 

no i havent got a clue ?? im stressed to my limits i got 5 days to defence deadline i dont know what a defence letter should look like as i have never done anything like this before. just found this on line and thought mabe this would be ok could some one help me please thankyou ps have sen of the cpr letter and had absolutely nothing back ?

[AndyOrch]

no i havent got a clue ?? im stressed to my limits i got 5 days to defence deadline i dont know what a defence letter should look like as i have never done anything like this before. just found this on line and thought mabe this would be ok could some one help me please thankyou ps have sen of the cpr letter and had absolutely nothing back ?

 

Not considered looking here as to what others have submitted ?

 

Post#65 ...edit to suit....

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481304-Cabot-Restons-Claimform-EE-Mobile-Debt./page4

 

Andy

[dx100uk]

told you what to search for in post 14

right at the end...

[little spiceracks]

told you what to search for in post 14

right at the end...

 

ok i will go back and look over it many thanks for your time guys

[little spiceracks]

Date of issue – 22nd sep 2017

What is the claim for –

 

1. the claimants claim is for the balance due under an agreement with talk talk limited dated 20/11/2013 which was asigned to the claimant on 31/03/2015 and notice of which was given to the defendent on the 31/03/2015 and which is now all due and payable .

 

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

 

and the claimant claims the sum of £451. 11.

the claimant also claims interest thereon persuant to s.69 county courticon act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £36.08.

 

What is the value of the claim?£572.19

 

 

 

and below is a drafted response for my 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 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 and evidence the nature of any breach;and

© show how the Defendant has reached the amount claimed for; and

(d) 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.

[AndyOrch]

[little spiceracks]

rite il send this off via online and wait for responce thankyou all

[little spiceracks]

 

ps by the way do i have to send the dc soliciters a copy of my defence letter ? thnaks

[AndyOrch]

ps by the way do i have to send the dc soliciters a copy of my defence letter ? thnaks

 

No..MCOL sends a copy

[dx100uk]

any news?

dx