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JC International/ Moriarty Law / TalkTalk Debt Dispute

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Name of the Claimant? JC International Acquisition LLC

 

Date of issue – 4th September 2018

 

What is the claim for – the reason they have issued the claim?

 

1. The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 29/05/2013 which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable.

 

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

 

And the claimant claims the sum of £115.

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% per annum amounting to £8.21

 

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? £200

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Landline & 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. 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 ceased payments because the broadband soon became disrupted and sometimes ceased to work after many years of good service. TalkTalk attempted to fix the line and sent engineers out twice but still unable to fix this. They were still investigating the line when I received my monthly bill and noticed they had billed me for two engineer visit charges for works they were still attempting to rectify.

I spoke to TalkTalk who understood and agreed to remove the charge as they had not yet resolved the issue.

But the customer service chap then requested that I commit to another 12 months contract with him first before he removed the charge.

I declined because I felt blackmailed with pressurised sales tactics and could not guarantee the line would be fixed.

I switched over to Sky and demanded TalkTalk remove all charges before I paid for my final month – of disruptive service!

TalkTalk customer care called when they noticed what had happened as Sky attempted to take over the line.

The chap agreed again to remove the charge but asked that I commit to another 12 months contract to prevent Sky from taking over my line. I refused and they failed to resolve my dispute.

The debt has since been sold to various companies and I explained the situation to them, advising that I only owed one month’s payment. They all understood and stopped chasing me. Now Moriarty Law, a company I have never dealt with before, has issued this claim.

What was the date of your last payment? Around 2014. Still attempting to verify with TalkTalk

 

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

 

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

I have acknowledged receipt of the claim form and stated my intention to defend in full via MCOL.

 

I have also sent a CPR31 to Moriaty Law who responded on the 19th September that “they have contacted the original claimants for the documents requested and will notify me of their response shortly”

 

They have also stated in their response “In the meantime, the account will remain on hold and collection activity has been suspended”

 

Please note that I did not mention my dispute with TalkTalk in the CP31

 

Although they have stated the above, I need to provide my defence to the courts in time and not sure how to proceed.

 

Any help will be appreciated.

 

Many thanks in advance

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welcome aboard

 

100's of like threads here

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=International/+Moriarty+&sa=Search+CAG

 

they don't turn up anyway should be an easy win

just don't miss your defence filing date whatever does or doesnt happen


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Thank you so much for your response and the work you do.

 

I have read through the threads and seen a few examples. The common successful defence I have seen is as follows,

 

My Particulars of Claim

 

1. The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 29/05/2013

 

2. Which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable.

 

3. The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so.

 

And the claimant claims the sum of £115.

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% per annum amounting to £8.21

 

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 (Is this line accurate)

3. The claim is denied. I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 14.09.2018 and which the claimant received on the 18.09.2018.

The claimant has failed to respond. (Should I keep this in? They have responded stating they will contact original creditor for the documents—but have not responded with the documents as such therefore is this line valid?)

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.

 

Is there any other points to add...

 

 

Many thanks in advance.

Edited by Andyorch
Particulars added

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FAR too early to even guess what your defence might be yet

they could respond

 

but you've the right idea

 

so no letter of claim then?


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Too early?

 

 

The claim form was received on the 5th September. I filed my acknowledement with intention to defend in full on the 7th via MCOL

 

 

Requested CPR13 on the 10th and received an acknowledgement that collection has been suspended and they will write to original creditor for these documents. This was on the 17th.

 

 

When am I to file my defence.. I don't feel they have these documents and I am in dispute regardless if they do.

 

 

Sorry for the rush. I'm just eager to get these people out my life as I believe the charge is unfair.

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I'm sure I did not receive a letter of claim. Will have to check all post just in case. I've never received one of these before so not sure what it looks like. if I'm not sure I received one, I will just omit that part from my defence.

 

 

Many thanks again

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We could do with some help from you.

 

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Thanks Andy.

 

 

No I have never seen a document like this neither did I receive one from Moriarty Law prior to the claim form.

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Then your point 2 stands...now you just have to respond to their points 1/2/3 of the particulars above....the rest of the defence above 1/2 and from 4 onward is fine.


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due by day 33

Friday 5th by 4pm


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Thank you guys,

 

 

I still haven't received the documents requested in my CPR31 request and don't believe they will send it. Should I wait until the deadline (last minute) or should I send it now.

 

 

I am really anxious and want to submit my defense asap.. can I submit it today or should I wait until last min..

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friday


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ok thanks.. will sit on my hands and wait

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Hello there,

 

 

As predicted, Moriarty Law has failed to provide the documents requested in the CPR 31.14

 

I have prepared my defence ready to file 1st thing tomorrow. Can you please help me look over it and add or omit any points.... I again reiterate that this was a dispute with TalkTalk and I truly do not owe any money as the services were not fully provided (As explained in #1) and was wondering if any of that should be mentioned.

 

Many thanks in advance

 

 

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 have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 14.09.2018 and which the claimant received on the 18.09.2018.

 

The claimant has failed to respond / with these documents. (which one. They responded but not with documents as explained in #1

 

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.

 

 

 

 

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Particulars of Claim for reference only

 

1. The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 29/05/2013 which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable.

 

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

 

3. And the claimant claims the sum of £115.

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% per annum amounting to £8.21

 

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.The amount claimed is subject to dispute with Talk Talk for unsatisfactory service that they failed to provide or unable to rectify and still remains unresolved to this day.Talk Talk were in breach of the agreement and unable to fulfill their service pursuant to their agreement.The amount claimed includes two engineer visits which by their own admission failed to rectify their service.

 

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. 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.


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Thanks you so much. I will redraft my defence in the morning and check in on here before submitting it tomorrow.

 

k.

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However i would like to also add the paragraph..

 

"The claim is denied. I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 14.09.2018 and which the claimant received on the 18.09.2018.

The claimant has failed to respond"

 

As I feel that the fact they have not supplied these is an important point..

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a cpr is a request they don't have to respond.

unlike a cca request [if applicable]... cpr is not legally binding and there is no penalty if they don't..


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Thanks you so much. I will redraft my defence in the morning and check in on here before submitting it tomorrow.

 

k.

 

I have already drafted it above

 

However i would like to also add the paragraph..

 

"The claim is denied. I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 14.09.2018 and which the claimant received on the 18.09.2018.

The claimant has failed to respond"

 

As I feel that the fact they have not supplied these is an important point..

 

Its not required hence I removed it...you have genuine dispute and dont need to rely on CPR 31.14....its irrelevant what they do and dont disclose

 

Andy


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Thank you very much.

 

I will submit my defence now as you have drafted it and continue to check in with progress.

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what about this point here... as the claimant is an assignee. Can I include it?

 

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.

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just file it as is..

follow CAG tried and tested ways..:wink:


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Hi there.

 

Apologies for the delay. I had emergency surgery an only just getting back on my feet.

 

I submitted my defence as above and I received an acknowledgment then a "Notice of proposed allocation to small claims track" form which must be submitted by 12 November!!!

 

I also received the bill from moriarty law and spoke to them about the dispute.

They are unwilling to budge as the debt is bought by the company they are representing and they cannot (will not) ask talk-talk for full information/conversation of the dispute. He is only willing to give me a discount on the debt which I refused as I wish to proceed with the full defence.

 

Can you please advice me on what to do next.

 

Apologies again for the delay, the past few weeks has been pretty hazy to say the least.

 

Many thanks. K

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stop speaking to anyone over the phone!!

 

so you have an N180 ?


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