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

[little spiceracks]

hi to all im a new user on here and need some advice please!

here is a brief description on the matter

 

back in 2013 i signed up with talk talk for phone bb and tv services,

 

after approx 3/4 weeks of no services i rang them up and told them i would like to cancel the contract as they had not provided me what im paying for.

 

after numerous phone calls about the above issues talk talk said the contract would be cancelled and that would be the end of the matter there would be no charges due to early termination of contract etc.

 

although i never received anything in writing from them i left it as the matter was delt with.

 

fast forward to two days ago and

i got a claim form from Moriarty law working on behalf of jc international acquisition.

 

they are claiming £572 for non payment of agreement from talk talk

 

 

I'm confused about this as i was under the impression it had been sorted years back!.

 

i have sent a reply to the court with a acknowledgement of service

 

i can get some information about this as i intend to fully dispute this.

 

how do i get information about this old account ?

 

any letters that was sent to me , phone calls ??

 

how do i file a defence for the court

 

I'm confused by all the info on this if anybody could help id be so grateful

 

many thanks for your help

[dx100uk]

Please complete this

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

[little spiceracks]

hi thanks for your advice but what do you think of my chances of getting this thrown out due to all the facts thanks

spice racks

[honeybee13]

It's hard to advise without the information requested, LSR. If you could post up the details dx has asked for, it will help us to help you.

 

HB

[little spiceracks]

Name of the Claimant ? - jc international aquisition llc

 

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 court 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

 

the claim is for tv broad band and phone services

 

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. no debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? not to my knowleged

 

Did you receive a Default Notice from the original creditor? i cant recall one no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? i never paid from day 1

What was the date of your last payment? never been any payments made from me ( will explain at bottom of this thread)

 

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

i signed up with talk talk in 2013

after 3 weeks from start i still wasnt getting broad band and phone coverage

talk talk kept fobing me off

engineers will call this week next week blah blah blah .

 

 

i called them up and told the due to the advise from ombudsman im cancelling the contract as they did not provide me the service i signed up for.

 

that was the end of it

talk talk told me there would be no charges no termination fees etc and that was that heard nothing again from them untill

yesterday when ccj claim droped on my doorstep .

so far i have filed the knowledge of service online to buy extra time

 

 

what do i do next

how do i get any info about this

and how do i do a defence to give to the courts as its my full intention to not accept this as its simply a down and out outrage

any help would be most welcomed

 

ps never had any letters from talk talk about this or from debt collection agency up until yesterday the 28/09/2017

thanks spice racks

[unclebulgaria67]

If you don't have copies of paperwork or emails regarding Talk Talk/Ombudsman agreeing to stop the contract at no cost to you, then you will need to send a Data Protection Subject Access Request to Talk Talk. Now as that would take time, i think contacting Talk Talk by phone to find out what has happened would be a sensible move. See if you can get Talk Talk to admit a mistake, get it in writing and then Moriarty Law should withdraw the claim. Still sensible to defend anyway, that you deny the debt, but if you can get the info tgat would best.

[little spiceracks]

have contacted talk talk

they said they dont have any info regarding this as its been sold on to a debt collection agency

 

as with the subject access request that can take up to 4 weeks acording to talk talk time i dont have ,

would it be best to send a sp 14 letter

( please exuse me if this is not the correct term ) to moriaty law and go down that path ?

 

sorry cpr 14 i meant thanks

[unclebulgaria67]

Get the SAR off to Talk Talk marked urgent.

 

Send the CPR 31:14 letter to Moriarty Law asking for all documents stated in the claim.

 

I suspect you will have to enter a holding defence without the proof you need, just denying that you owe anything.

But you don't need to do this yet.

You just have to acknowledge receipt of the court claim and indicate you will defend in full.

[little spiceracks]

i will get this done today please what is a holding defence never heard of this

[unclebulgaria67]

Don't worry, loads of examples on CAG and you will get help from the guys.

 

It is basically saying that you deny the claim being made and hold the claimant to strict proof.

 

Once your initial defence is added, It could be months before the claim progresses and hopefully by the time you needed to supply a fuller defence, you should have the info. If you don't then the claimant still has to prove their claim.

[dx100uk]

not sure the point in an sar when a court claim is issued

its upto the claimant to prove their claim

not the defendant to disprove it by an sar that that info should kept out of sight of the claimant

 

 

send a CPR 31:14

 

 

we've not lost one of the JC/moriarty talk talk claims yet

100's here already

[unclebulgaria67]

The SAR was based on the OP saying there should not be any debt and back up just in case the court claim did proceed.

[little spiceracks]

so should i go with just cpr or both ???

thanks to everyboy for all your help i really appreciate its nice to know there is help around if you look for it and hopefully it should put a stop to them making peoles life a missery by causing panic and worry i say shame on them

 

ps for anybody reading this maybe you are in a similar situation

well get this ive only been on here since yesterday and already i fel like a ten tone weight has been lifted just knownig there is help

 

 

so dont give up fight on and dont let them try and scare you into submission

i will keep this poat updated as best i can and hopefully i will be able to win this so thanks to you all thumbs up

[dx100uk]

you know the story

that can be outlined in your WS IF it ever gets that far

its for the claimant to disprove your assertions

not you to prove them.

 

no need for the SAR.

 

get the CPR 31:14 running

 

and DO NOT miss your defence filing date whatever does or doesn't happen.

 

if you use our search CAG box of the top red toolbar

 

moriarty law JC International Claimform mobile

[little spiceracks]

is this letter ok ?

[dx100uk]

we don't need to see our own templates

 

 

and anyway you need to read its top line...which says...???

[dx100uk]

you should have gotten that in the post today

now it wont go till Monday

and you've wasted 3 days of your 33 ...

[little spiceracks]

paid for special delivery will get there mon morn and signed for

[dx100uk]

OK so now research time

End of post 14

[dx100uk]

Don't miss your defence filing date whatever happens

[little spiceracks]

hi guys, sent off my letter cpr 31.14 request to moriaty law and they got it on the 2nd of oct ( signed delivery i checked on line via post office ) any ways iv had nothing back as off yet i stated 7 days to send me the particulars of claim etc as nothing has came back to me whats my next move ?? thanks for all the great advice

[AndyOrch]

See post #20

[little spiceracks]

Particulars of Claim.

 

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

 

In the (any court you like) ClaimNo. (claim xyz)

 

Between:

 

Moriaty law ******s

 

and

 

Defendant me

 

Defence

 

Introduction

 

1. I, Mr xyz of some place am the Defendant in this matter and I make this statement as my defence to the Claim brought by the Claimant. The matters set out below are within my own knowledge and where the contrary appears, I state the source of such material and put the Claimant to the strictest of proof on their claim, which is denied in its entirety herby.

 

2. For the purpose of this Defence, all paragraphs and sentences stated hereafter are referred to the Claimant’s statement of case dated (put date here).

 

a. The first sentence of Claimant’s statement of case is denied, that the Defendant is indebted to the sums claimed therein as alleged, the Claimant is therefore, put to the strictest proof on the same.

 

b. The second sentence stated therein is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 & 196 has been served upon him by the Claimant as alleged or at all.

 

4. As to the third sentence, it is denied that any statutory and valid default notice has been served on the Defendant and the Claimant is therefore, put to the strictest of proof to the contrary.

 

5. In light of the facts enumerated above, the claim is denied in its entirety and the Claimant is put to the strictest proof to establish to the contrary and his claimed entitlement under the statute and its provisions which, if complied with in accordance with the obligations imposed upon the Claimant thereunder , would entitle the Claimant to his claim.

 

Statement of Truth

Mr/Mrs……………………………………………….. dated this day ……….. of November2013.

 

Singed (your printed name in caps – as the Claimant)

 

hi there is this defence sutable to send back to the courts reggard the orignal post see post 1 any feed back would be appreciated thanks

[AndyOrch]

Do you understand what it conveys little spiceracks ?

 

Andy

[dx100uk]

that's not one from here...

dx