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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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little spiceracks

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

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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

:-(

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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


Illegitimi non carborundum

 

 

 

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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

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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.


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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

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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.


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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.


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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


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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.


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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

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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


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we don't need to see our own templates

 

 

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


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you should have gotten that in the post today

now it wont go till Monday

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


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OK so now research time

End of post 14


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Don't miss your defence filing date whatever happens


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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 :-)

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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

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Do you understand what it conveys little spiceracks ?

 

Andy


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that's not one from here...

dx


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