Jump to content


  • Tweets

  • Posts

    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
  • Our picks

u6cah

JC international/Moriarty claimform - old Talk Talk landline/broadband debt***Claim Dismissed with Costs***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 595 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi, I have been helping my partner with a claim that has come through from Moriarty Law.

 

The circumstances of this is a county claim form came and was defended.

Defence being that she was unaware of the debt or even the contract.

 

Her ex-husband was controlling and dealt with all of the services to the house.

She left the property 01/01/2012 and moved away and everything was dealt with by a solicitor.

 

She has spoken with Moriarty Law a number of occasions asking for a copy of the agreement and when this was signed as she had no knowledge of it.

A formal request was sent as the defence was submitted with no reply.

 

Allocation questionnaire has been filled in and returned, Moriarty law have now sent a copy of their defence.

 

Hearing is scheduled for 8th Dec

 

In order for us to help you we require the following information:-

 

Name of the Claimant JC International Acquisition

 

Date of issue – 15th June 2017

 

What is the claim for –

1.The claimants claim is for the balance due under an agreement with talk talk limited dated 06/2011 which was assigned to the claimant on 03/2014 and notice of which was given to the defendant on the 03/2014 and which is now all due and payable:

 

2.the defendant agreed to pay monthly instalments under account number XXXX but has failed to do so and the claimant claims the sum of £160.

 

3.The claim also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hearof at the rate of 8% per annum amouinting to £20

 

What is the value of the claim? £250

 

Is the claim for - Landline and Broadband

 

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

 

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. - assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

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

 

Why did you cease payments? Was not aware of the account, split up 01/01/2012 and didn't even realise the phone account was under my name.

What was the date of your last payment? unsure

 

Was there a dispute with the original creditor that remains unresolved? Wasn't aware of the debt.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management planicon? No communication with Talk Talk

 

What you need to do now: would like some assistance in preparing defence and also witness statement ready for court

Share this post


Link to post
Share on other sites

they haven't sent you their defence

they've sent their witness statement

 

I have removed all the scans you've sent

 

you need to scan it all up to ONE multipage PDF

read UPLOAD.

 

you need to do your witness statement and send it by 14 days prior to the hearing

 

there are lots of JC/moriarty talk talk claim threads here

many already have witness statements you can base yours on.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi dx

 

Thanks for the assistance. I have now uploaded all the files into a single PDF.

 

I have been looking at other witness statements, most of the threads I have found up till now have not actually gone this far....

 

Will do a bit more reading and look at drafting something up.

 

I do have a current question, which is relating to proof of her living elsewhere for a year before this debt was accrued. Will this add to the defence or will it simply muddy the argument that the agreement was simply not known about?

Witness statement ML.pdf

Share this post


Link to post
Share on other sites

you've already filed your defence

no harm in adding it to the WS

and the fraud bit too


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

8. 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.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi,

 

Please find enclosed a draft WS. any advice or input would be greatly received.

 

In the

Claim No.....

BETWEEN

JC International Acquisition LLC

-and-

(Defendant)

 

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

WITNESS STATEMENT OF (Defendant)

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

1. I make this statement in support of my defence to the claim above and include relevant evidence and exhibits.

 

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

 

3. The witness statement supplied by the claimant advises the contract was entered into on 13th June 2011 and was terminated on the 24th January 2013 with a balance of £166.75

 

4. I do not recognise any of the account details and have no knowledge of this account.

 

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 to date.

 

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 husband at the time that dealt with all services and bills.

 

7. I left the matrimonial home on the 01/01/2012 and was unable to access anything after this time

 

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

 

9. Pages 1 – 6 showing recreated monthly bills, the bills dated 20/12/2012 and 20/01/2013 appear to show the exact same itemised call lists but with different dates which would be incredibly unlikely and these may have been generated with no relevance to the actual account.

 

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.

Share this post


Link to post
Share on other sites

Witness statement has now been submitted, along with a copy of the original CPR request.

 

Going to now start to prepare for the court date.

 

One question, am I allowed to attend with my partner who is the defendant? would it be possible to help represent her or would she lead? Witnesses was put down as 1 on the directions questionnaire?

 

Is it a case of speak when spoken to?

 

Thanks!

Share this post


Link to post
Share on other sites

You can attend and support...but cant speak directly to the Judge.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy,

 

Yes some googling has brought up the 'Mckenzie friend'. How do we inform the court I would also like to attend? Should it have been something that would have been part of the witness statement?

Share this post


Link to post
Share on other sites

Your attending informally...you dont need permission..your not acting as a Mckenzie friend


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

ok excellent, Many thanks will update you if there is any further developments.

Share this post


Link to post
Share on other sites

If you wish to act either as a Mckenzie friend or Lay Person you will have to seek the courts approval.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi Guys,

 

I wanted to update you guys with the following:

 

Attended court this morning, the Judge looked through the information and asked about the bills that had been submitted and offered the following judgement (I will try and remember most of it)

 

He believed there was a contract in place and that a contract was entered into

He believed the debt was correctly assigned to the company, and that the company was able to bring about the action.

He believed the assignment letters and pre-action letters had been sent and received by the defendant.

 

The claimant relied on terms of contract, the contract has not been provided so therefore it was fatal to the claim.

 

The 3 months bills that had been submitted did not show how the debt had been incurred,

he would have needed to see a full statement of account for him to rule if it was correct or not and the claimant had not provided enough information.

 

He dismissed the OFCOM termination statement as he couldn't see any termination fees on any of the documents provided.

Pretty much dismissed everything else in the witness statement.

 

Dismissed claim with costs awarded to us.

 

So would like to thank you guys for your help

and also the information provided previously from the threads I had read while submitting the defence.

 

I will certainly be donating and hope it helps other people.

Share this post


Link to post
Share on other sites

Excellent result...well done u6cah.....

 

Thread title amended to reflect the out come

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi Sorry for the delay in updating the thread. It was Stafford.

 

So the claimant was told to pay the costs within 14 days, this hasn't happened. I have read on another thread that we would need to request a General Order pursuant to CPR 44.3.1 & 2a

 

How would you go about doing this?

 

Thanks in advance, I have yet to figure it out?

Share this post


Link to post
Share on other sites

Hi Andy,

 

Sorry snow got in the way so didn't get chance to reply till now...

 

No haven't sent the solicitor a bill of costs, would it be to the solicitor or claimant? Is this simply a letter outlining what the costs are for along with a copy of the order?

 

The only bills of costs I have seen have been claimant ones that are very detailed and used for cost negotiation?

 

Thanks

Share this post


Link to post
Share on other sites

Well until you request your costs amount ....how can they pay you ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

So would a simple letter with the breakdown and details of where to send the payment, with a copy of the judges decision be enough as a starting point?

Share this post


Link to post
Share on other sites

Yes...informal initial approach ...test the water...to the Solicitor.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy, will let you know if and when they respond..

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...