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Nomorehopez

JC International/Moriarty claimform - Talk Talk Debt

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Hi

 

I received a claim form about an alleged outstanding debt with TalkTalk from 23/03/2012.

 

I have not replied to the form as i only received it today. They claim on the form that i agreed to pay in monthly instalments on the 21/03/2014,

 

This is the first time i have ever heard of JC International and i have defiantly not agreed to any sort of payment plan with them.

 

Is this one last dig for them to try and recover the debt as it is now statute barred.

 

How do i go about fighting this as i really don't want a CCJ on my record.

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Def statute barred?


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I don't know the technicality of statute barred how would i check. It's not on my credit report and never has been.

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you need to phone the original creditor and ask the last payment date

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The problem is it was over 6 years ago. Wouldn't that be a breech of data protection?.

Edited by Nomorehopez

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its the only way you can be sure it is stat barred

 

if it stat barred then its easily defended but it is an absolute defence

 

if it isn't stat barred and you use that defence it will be thrown out and you WILL get a CCJ

 

just phone them

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The problem is it was over 6 years ago surely. Wouldn't that be a breech of data protection?.

 

Click on the words statute barred and there's an explanation.

 

HB


Illegitimi non carborundum

 

 

 

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Give us the info first please

We've dealt with 100's of these JC TT claims


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Give us the info first please

We've dealt with 100's of these JC TT claims

 

No problem will do that now.

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Name of the Claimant : JC International Acquisition.

 

Date of issue – 03/04/18

 

Date to acknowledge - 20/04/18

 

date to submit defence - 04/05/18

 

What is the claim for –

1.The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 23/03/2012 which was assigned to the claimant on 21/03/2014 and notice of which was given to the defendant on the 21/03/18 and which is now all due and payable.

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

3.And the claimant claims the sum of £223.67.

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 £17.89.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) - No

 

What is the value of the claim - 316.56

 

Is the claim for - Talk Talk

 

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 - Debt Purchaser

 

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 - I don't know in 2012 sometime

 

What was the date of your last payment - I don't know in 2012 sometime

 

Was there a dispute with the original creditor that remains unresolved - The service was terrible so switched to another provider after informing them and they did not fix the issue.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan - No

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ok so not stat barred then as you only entered into the agreement on 23/03/12

 

pop up on the MCOL website detailed on the claimformicon.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

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NMH please note your corrected dates above


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Thanks you i have done both of these i will update once i have a response.

 

NMH please note your corrected dates above

 

Thank you :)

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start reading like threads

 

use the search bar at the top of the page

Edited by dx100uk
merge/quote

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

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I sent the letter to them on the 09/04/18 and still not had a reply what do I need to do now

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read post 12


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read post 12

 

What do i put in my defence

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like what others have used in like threads

have a go and we'll check it and help.

you've 2 weeks yet

 

see post 16


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like what others have used in like threads

have a go and we'll check it and help.

you've 2 weeks yet

 

see post 16

 

 

Ah i thought i had till the 20th to submit. That gives me more time than i thought.

 

Particulars for reference

 

1.The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 23/03/2012 which was assigned to the claimant on 21/03/2014 and notice of which was given to the defendant on the 21/03/18 and which is now all due and payable.

 

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

 

3.And the claimant claims the sum of £223.67.

The claimant also claims interest thereon pursuant 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 £17.89.

 

 

 

 

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 Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

 

3.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 09.04.2018 and which the claimant received it on the 10.04.2018

 

The claimant has failed to respond.

 

4.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 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;

 

5.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.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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 credit Act 1974.

 

8. 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.

Edited by Andyorch
Particulars added for cross checking

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I have added the point at 2 in blue...the rest is fine.

 

 

Regards

 

Andy


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So a little update i submitted my defence

 

Have now received some paperwork for Moriarty Law with a printed out of an itemised bill from 23/07/2012 and bills from the following two months after that.

 

They have also sent a letter dated the 1st of May 2014 which was supposedly sent to me but i have never seen this letter before.

 

I also received a second letter telling me that they acknowledge the receipt of my defence and confirm that they are to proceed with their claim.

Edited by dx100uk
spacing

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too late the claim is stayed.


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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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

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too late the claim is stayed.

 

Too late for what and please explain stayed as I don't know what that means

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