JC international/Moriarty claim form - old talk talk debt

[Chewienotts]

Hi there, today I received a claim form addressed from the county court business centre in Northampton, which has been filed by Moriarty Law on behalf of JC International Acquisition for a debt on behalf of Talk Talk Limited.

 

I have seen a similar problem to mine posted on here but I can't seem to follow it, so I need help step by step to get me through this maze!!

 

The particulars of claim state:

THE CLAIMANTS CLAIM IS FOR THE BALANCE DUE UNDER AN AGREEMENT WITH TALK TALK LIMITED DATED 13/10/2011 WHICH WAS ASSIGNED TO THE CLAIMANT ON 26/03/2014 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 26/03/2014 AND WHICH IS NOW DUE AND PAYABLE. THE DEFENDANT AGREED TO PAY MONTHLY INSTALMENTS UNDER ACCOUNT NUMBER 100*****43 BUT HAS FAILED TO DO SO. AND THE CLAIMANT CLAIMS THE SUM OF £167.12.

THE CLAIMANT ALSO CLAIMS INTEREST THERON PURSUANT 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 £13.36.

 

So with the amount claimed being £180.48 the court fee of £25.00 plus Legal representatives costs of £50.00 the total amount is £255.48!!

 

My response to all this, is that I have never agreed to make monthly instalments because I have never spoken to them regarding this debt and have never responded to any letters.

At the time I took out this deal with talk talk I was in a very dark place in my life, not long coming out of a rehab and I was not working! After coming to my senses that I could not afford this because I didn't have any money for food, I contacted talk talk to say I wanted to finish which I believed had been stopped. I made payments to them for the amount which I believed I owed to finish the contract, and unplugged the device not to use it again. I also moved address not long after.

 

I have now got my life on track with work and have got what I believe is a good credit score with nothing against me, so to have this rear it's head against me is a bit of a shock!

 

So please please give me advice on how to tackle this and what steps I need to take!!

 

The issue date of the claim was 29/09/2017 and I received it on 04/10/2017

 

Thanks in advance for any advice you give.

[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**

 

Lots of Like threads here

Easy sorted

Moved to legal forum

[Chewienotts]

Hi there thanks for replying!

 

 

Name of the Claimant ?

 

JC International Acquisition

 

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

29/09/2017

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

The particulars of claim state:

THE CLAIMANTS CLAIM IS FOR THE BALANCE DUE UNDER AN AGREEMENT WITH TALK TALK LIMITED DATED 13/10/2011 WHICH WAS ASSIGNED TO THE CLAIMANT ON 26/03/2014 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 26/03/2014 AND WHICH IS NOW DUE AND PAYABLE. THE DEFENDANT AGREED TO PAY MONTHLY INSTALMENTS UNDER ACCOUNT NUMBER 100*****43 BUT HAS FAILED TO DO SO. AND THE CLAIMANT CLAIMS THE SUM OF £167.12.

THE CLAIMANT ALSO CLAIMS INTEREST THERON PURSUANT 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 £13.36.

 

 

What is the value of the claim?

 

So with the amount claimed being £180.48 the court fee of £25.00 plus Legal representatives costs of £50.00 the total amount is £255.48

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

 

Talk Talk home internet

 

When did you enter into the original agreement before or after 2007?

 

13/10/2011

 

 

 

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.

 

Not sure if JC International Acquisition Is the owner of Talk Talk?

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Never signed for anything.

 

Did you receive a Default Notice from the original creditor?

 

Never signed for anything.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Never signed for anything.

 

Why did you cease payments?

 

I thought I had paid all up to when I stated I wanted to finish plus I couldn't pay anything due to being unemployed.

What was the date of your last payment?

 

Checking through records it looks like I made a payment on 28/08/12

Was there a dispute with the original creditor that remains unresolved?

 

Not aware of any.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management

 

I remember telling them that I wanted to finish because I was unemployed and couldn't afford to keep it due to being unable to feed myself!

 

Please advise what to do next as the information below doesn't seem to relate to my case.

 

Cheers

 

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

Request 2 - Current accounts

 

 

 

If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form

 

If you are considering making a partial admittance N9b must be completed and returned to the court.

Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.

[dx100uk]

They don't have to send any docs by signed for post

 

Get that cpr 31:14 running

These is no CCA for mobile accounts

 

JC are nothing to do with talk talk

Neither are talk talk involved or even know about the claim

They sold the debts

On

[Chewienotts]

Ok, have gone online to the court and have applied to defend all, so I now have the 28 days.

 

Is there a template letter I can draft to send off to get the information as you say for the cpr31:14

[dx100uk]

Click the link in post 4

[Chewienotts]

Update...letter typed up and will be posted Monday by registered post.

Can you also advise on this paragraph that is found on the bottom of the response form?

 

If you do not file an application to dispute the jurisdiction of the court within 14 days of the date of filing this acknowledgment of service, it will be assumed that you accept the court’s jurisdiction and judgment may be entered against you.

 

Cheers

[dx100uk]

you've ack'd the claim already.

 

 

you need to now be reading like thread threads

there are numerous in this forum

get up to speed

as you seem very green

 

 

as long as your 31:14 is ready

just DONT miss your defence filing date whatever happens

[Chewienotts]

I am green! That's why I'm asking for help!!

I don't have the time to be reading through everything, otherwise I would.

[dx100uk]

quite correct

but you need to use your time now as you've done the immediate essentials

and get upto speed

it not simply a case of 'following advice and using templates'

 

 

use our search CAG box of the top red toolbar

 

 

claim JC moriarty talk talk

 

 

dx

[Chewienotts]

Hi there, it’s now 4 days before my time is up on applying my defence to the court. To date I have not received a reply from Moriarty Law with a request for the paperwork, I have read other posts with what they have advised to do, but would just like conformation from you on the next step.....cheers

[dx100uk]

no your defence is due by bay 33 from the date on the claimform.

 

post 10 refers

[Chewienotts]

Hi there.....update... did everything as advised from yourself and followed other posts regarding the submitting of the defence to the court.

 

Claim History

Your acknowledgment of service was received on 06/10/2017 at 08:01:55

Your defence was submitted on 30/10/2017 at 21:39:42

Your defence was received on 31/10/2017 at 08:02:13

 

Had sent a CPR 31.14 Request on the 07/10/17 to moriarty law and had no response from them before the time I had to submit my defence which is below...

 

 

Particulars of Claim

The claimants Claim is for the balance due under an agreement with

Talk Talk Limited dated 13/10/2011 which was assigned to the

claimant on 26/03/14 and Notice of which was given to the

defendant on the 26/03/2014 and which is now all due and payable.

The defendant agreed to pay monthly instalments under account

number 10********* but has failed to do so. And the claimant claims

the sum of £167.12

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 8.00% per annum amounting to £13.36

 

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 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 with the

Claimant; 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. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

5. On the alternative, ias 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 credit Act 1974.

 

6. 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.

 

 

Then had a letter from moriarty law dated 10/11/17 that they acknowledge receipt for the defence filed by me to the court and confirmed that their client is proceeding with the claim.

 

The latest letter arrived today 18/11/17 dated 16/11/17

 

We would refer to your defence as originally filed with the Northampton County Court Business Centre, the contents of which have been duly noted.

Please find enclosed the relevant documentation pertaining to the the above stated case.

 

Our client wishes to confirm that they are happy to settle this matter by way of a suitable out-of-court payment arrangement or via the small claims mediation service and we would invite you to contact our offices to discuss these options in further detail.

 

The documents they included are a Notice of Assignment of outstanding debt (REPRINT) dated 11th April 2014 and addressed to the address of which the account was created but I had not lived there since 2012!

 

Also included are 3 monthly bills ( copy print offs) dated 01/08/13. 04/09/13. 02/10/13. All with the address of the old address!

 

So what do you advise now what to do?? I have run out of posts to follow as others have not seem to come this far!

 

Regards

[dx100uk]

let it run.

they have 28days from your defence filing date to do 'something'

else it gets auto stayed.

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=JC+moriarty+talk&sa=Search+CAG#gsc.tab=0&gsc.q=JC%20moriarty%20talk&gsc.page=1

[Chewienotts]

To do “something”?? What is it that I have to look out for?

[dx100uk]

as those other threads

N180 from the COURT

[Chewienotts]

Thanks for your prompts, reading through some of those links you sent, it does look like ML are going all the way with these claims!

And seems that they are winning and getting payments.

 

Is it really worth the hassle only to end up paying it with extra court costs added on?

[dx100uk]

cant see any lost claims there - they all appears stayed. or won discontinued.

there was one member that was too scared to goto court and front them, and they bottled out the rest have no conclusion because we have so many people that run here for help...but fail to update us ...

 

dx

[Chewienotts]

UPDATE!!...have recieved “Notice of Proposed Allocation to the Small Claims Track”

This contains Form N180.

 

What do you propose now that I do?

I must complete it and have it back to the court by 7th December!

Cheers

[dx100uk]

follow exactly what everyone else does with an N180.

regarding these talk talk debts

there are 100's of like claim threads here well advanced from yours..

 

cag is self help forum