JC International/ Moriarty Law / TalkTalk Debt Dispute

[KURLY]

Many thanks for your response.

 

 

I have completed as above and will make copies and post recorded delivery in the morning.

 

 

K

[dx100uk]

all you have to do is to prove postage to moriarty 1st class stamp and free proof of posting from any PO counter is all that's needed

don't waste money:wink:

[KURLY]

haha! will do. thanks

[KURLY]

Hello there,

Hope you are both well.

Just checking in for further help as I have received my Notice of Allocation to the small claims track and my hearing date is on the 1st April in central London. 

 

Just reading the letter again in order to prepare myself for the case and it states that

"each party must deliver to the party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing."

"It also states that this document "must include the statements of all witnesses (including the parties themselves)"

 

Can you please advise me on this? what document must I send to the courts 14 days before. Is this the defense statement.

Please kindly advise due to time limit and apologies for my naivety!!!

 

Please also note I have had no contact and received no correspondence from Moriarty Law since the allocation.

[dx100uk]

you need to prepare and send your Witness Statement 14 days before the hearing

several here for these jc phone/BB claims already just read like topics

use the search top right 

[KURLY]

Hi there,

 

I have drafted my defense below. I must post to the claimant and the court by close of business tonight as 14 days prior to the court date is Monday 18th. Sincere apologies for the delay. I became complacent and nearly forgot. 

 

 

WITNESS STATEMENT

 

I, xxxx, being the Defendant in this case state as follows;

 

I make this Witness Statement in support of my defence dated 7th November 2018 and in response to the claimant’s claim dated 4th September 2018 which was submitted through County Court Business Centre.
 
1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.
 
2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.
 
3. Background
Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Talk Talk Ltd. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.
 
I formally requested via CPR 31.14 on the 14th September 2018:
 
A copy of the original agreement;
A statement of account;
A copy of the terms and conditions as applicable at the time of the agreement;
A copy of any notice of assignment showing the claimant’s legal right to take action
 
Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.
 
4. Disclosures
The claimant has supplied some documentation but has failed to comply fully with my formal requests.
The claimant has failed to provide:
 
A copy of the original agreement
A statement of the account showing completely and exactly how the amount claimed for has been reached
A copy of a default notice/termination notice
A copy of a legal notice of assignment showing the claimant’s legal right to take action.
 
I received a rough copy of a bill (no originals) badly drafted and not on a Talk Talk letter headed paper.
 
The bill was dated 11/03/2014 for £104.40. New Charges £33.65 with a 'previous balance' of £70.75 which is not shown how this is accumulated.
 
The £33.65 charge was shown to be accumulated as follows 
One-off contract breakage fee -  £25.95
Direct Debit Rejection Charge -    £10.00
Line Rental Reversal “discounts” -£2.27
 
***** Should I include the following regarding my initial dispute with TalkTalk as explained earlier in this thread***** 
 
I was a client with Talk Talk for a number of years and was not in a contract when I instructed them of my intention to move to another service provider. They were also instructed about my cancelled direct debit due to the ongoing dispute of receiving no service for 2 months. I believe the previous balance, £70.75, was for 2 engineer visits which occurred when they were trying to rectify the service but failed to find a solution. I had no option but to leave as I never received any service and they agreed to remove these charges as they were still trying to fix the line. However because SKY was attempting to take over my line, they wanted me to commit to a new 12 month contract as I was not in contract with them and they required me to do this in order to stop SKY from being my new provider.  
 
****** If so, can you please help me draft it coherently*****
 
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.
 
5. Conclusion
The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgment.
 

 

 

 

On 14/03/2019 at 15:20, dx100uk said:

you need to prepare and send your Witness Statement 14 days before the hearing

several here for these jc phone/BB claims already just read like topics

use the search top right 

 

Hi DX100UK,

 

Are you able to help with the above. I have pasted my defence above.

[dx100uk]

red needs a tidy up.

there was a dispute with the original provide, xxxx reason [very brief], this was never resolved..

there is no agreement on telcom ...contract...

 

 

[AndyOrch]

Have you recieved the cliamants statement yet ?

 

Andy