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    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
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Hello,

 

I wonder if someone could please help me with this?

 

I had TalkTalk as broadband provider back in 2011. I moved property back in June that year, informing TalkTalk by phone that the landlord agreed to continue with the service and we just wanted a change of name.

 

On the 06/06/11 I was provided via email with a change of name form, which we sent via Royal Mail following the procedure that the retentions advisor suggested and paying for all my account balance, canceling the direct debit.

 

My Landlord, who moved back to the time to the property made calls to India (so I knew it was him) and realized that they never changed the ownership of the account, even when I called them months after the mistake, indicating that the form could have probably been lost in the post.

 

Ever since, I've had a series of collection agencies trying to get the money back, to all of them, I;ve explained the same story over and over again until the last one with Moriarty Law, the ones that are now threating me to take me to court if I dont pay the inflated amount of £208.93. I do understand that these companies just buy the debts in a desperate attempt to get money back.

 

I did explain on the phone that I don't owe anything to TalkTalk and how it was possible for them to keep chasing me as I understand that this should be categorized now as barred?

 

I wonder if there's anything I could do or hit them back? I hate people like this chasing me for something that I've already explained, declaring that if they didnt change the name on the account it was their problem not mine and they are chasing the wrong person for the debt.

 

I think after 7 years I've had enough of clowns chasing me for this and believe now that this is an unlawful practice under the limitations act? Can I now take them to court for harassment opening a case in the small claims court?

 

Thank you beforehand for any help you can provide me with.

 

Kindest Regards,

 

GB

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Well it is statute barred so they can threaten whatever...simply file away their threatogrames and dont converse with them.

 

There is a statute barred template letter you may wish to send them in our library...but personally I would just ignore them as this normally creates letter tennis and is counter productive...they are fully aware its statute barred without you having to tell them....and why spend money on a court claim to simply reiterate the obvious..you dont need the stress.

 

Regards

 

Andy


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Well it is statute barred so they can threaten whatever...simply file away their threatogrames and dont converse with them.

 

There is a statute barred template letter you may wish to send them in our library...but personally I would just ignore them as this normally creates letter tennis and is counter productive...they are fully aware its statute barred without you having to tell them....and why spend money on a court claim to simply reiterate the obvious..you dont need the stress.

 

Regards

 

Andy

 

Thank you for the explanation Andy.

 

Will ignore them now

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Well it is statute barred so they can threaten whatever...simply file away their threatogrames and dont converse with them.

 

There is a statute barred template letter you may wish to send them in our library...but personally I would just ignore them as this normally creates letter tennis and is counter productive...they are fully aware its statute barred without you having to tell them....and why spend money on a court claim to simply reiterate the obvious..you dont need the stress.

 

Regards

 

Andy

 

 

Hello Andy,

 

Today I have received a Judgment for Claimant (In Default). The letter is dated 14 May 2018, but only received this morning after opening my post from yesterday.

 

They basically say that I have failed to reply to the claim form, but I didnt have one, maybe because my post is being again redirected to my new place where I moved to less than 2 months ago.

 

They say that I need to pay to the claimant the total sum of £230.93 and that the first payment by installments of £50 needs to reach the claimant by the 13th of June this year.

 

I rang the County Court Business Centre and explained that I never had a claims forms, they asked if I did want to go to court and wanted to defend, then it would be £55 to be paid on my side.

 

Again, the only conversation I had with them was by Nov/Dec last year, informing them that I didnt have to pay that and that I don't owe the money. I can't believe that they started court proceedings for these amount of money.

 

On the notes to the defendant it says that if I pay in full within one month I can ask the court to cancel the entry on the register. This is ridicolous, I am buying a house soon and I need a mortgage.

 

May I please get some help with this?

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So the Notice of Judgment managed to find the correct address but not the claim form....strange :-)

 

Its £255 to make application to set a side using the N244 Application notice..not £55.

 

The debt was statute barred before issuance of the claim ...we assume ..you will have to confirm.

 

Have you asked MCOL for a copy of the claim form ?

 

What do you wish to do .....£255 to set a side or pay or pay £230 in full by the date stated and be shot of it......?

 

 

 

Andy


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So the Notice of Judgment managed to find the correct address but not the claim form....strange :-)

 

Its £255 to make application to set a side using the N244 Application notice..not £55.

 

The debt was statute barred before issuance of the claim ...we assume ..you will have to confirm.

 

Have you asked MCOL for a copy of the claim form ?

 

What do you wish to do .....£255 to set a side or pay or pay £230 in full by the date stated and be shot of it......?

 

 

 

Andy

 

 

The Claims form surely went to the previous address where I redirected my post. In the last 12 months, I left the property where I lived for 4 years and the one where Moriarty Law has been contacting me on. I never informed them of the place where I was living. The letter surely went to the house of a friend of mine where I lived until a couple of months ago. I called Royal Mail to make the change. If the claims form went to the previous address, can I still do something with it and use it as proof if it remains unopened?

 

When I firstly wrote this post, the last letter I received from Moriarty Law (27/04/2018) said, "as you are aware we recently issued proceedings against you" and that they were instructed to enter judgment 14 days of the letter, but does not mention anything about the claim form.

 

The guy confirmed on the telephone that the debt is from 2011. I haven't paid anything to them or admitted that i owe the debt to them or many of the other collection agencies who in the past contacted me for this.

 

I haven't asked MCOL for a copy of the claims form no.

 

Are these my only two options availble? 255£ to set aside and possibly ask the judge to have the money back, based on the basis that I never received the claims for or paying in full a money that I don't owe (£230.93)?

 

Regards,

 

Giancarlo

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Issued proceedings is a claim form and enter Judgment is a CCJ...so in reality you should have been aware there was a claim form issued.

 

Opened or unopened the claim was served...the court accepts good service is served to a last known previous address...its your responsibly to either inform any creditor or debt connection of your new address and redirection is simply not reliable IMHO.

 

The debt is Statute barred as you have confirmed above ...so that would be grounds to set a side...the mix up in address is not unfortunately.

 

Looking at it pragmatically the judgment amount is £230.93..the application fee is £255 (unless your on benefits and exempt from fees).

 

If you successfully set a side and the court accepts defence on statute barred basis you can request the fee of making the application back as costs.

 

There is a further option and that is to inform the Judgment claimant that you intend to set a side and claim the fee and costs...and would they be willing by Consent Order for them to set it aside ?


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Hello Andy,

 

Can you please explain the last point please?

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Ring Moriarty Law inform them you have received Notice of Judgment on a claim form that they served at your previous address with full knowledge of your current address (on the Notice of Judgment)...that the debt was statute barred before they issued the claim.....and its your intention to make application to set it aside and claim fee and costs...on the alternative would they be prepared by consent order to set it aside (they pay for the application) ?


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Hi Andy,

 

On the notice of judgement it also shows my previous address, not the current one.

 

Should I provide Moriarty Law with my current address under any circumnstances to make them aware that they have been sending all the correspondence during this time to a different address?

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So was the Notice of Judgment redirected or posted direct from Moriarty Law


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So was the Notice of Judgment redirected or posted direct from Moriarty Law

 

It was redirected as well. I have not received the claim form or the notice of judgement directly.

 

All what I did it was changing the redirection to my current address that's why I'm saying that the claims form could have gone to my friend's address as I haven't got anything on me apart from the communications I've just specified.

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Well sound them out....if they are not interested in a Consent....then go ahead with the application...but they will get your address then.


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