JC/Moriarty claimform - Old talk talk home phone/broadband account.***Claim Dismissed***

[dave466]

N180 completed.

 

Yes I agree with what they have disclosed alth9ugh I thought that I had read somewhere that they could not charge you for contract breakage?

Regards.

[AndyOrch]

They can try...whether its considered to be fair is another matter as covered by your point 4 in your defence

[dave466]

Today we have received a notice of allocation to small claims track.

Witness statements to be provided by 25th April by 4pm.

Regards.

[dave466]

Well in all the mix up my other one case.

This one has slipped through and I have not provided a witness statement in time

On the other hand I have not received one from JC either.

So what do you think will happen now.

Regards.

[dx100uk]

get one running

ring the court Monday and check they haven't either.

cant hurt you.

[dave466]

Claim No. xxxx

BETWEEN:
xxxx

AND

Defendant
xxxx
_________________________________________

WITNESS STATEMENT OF xxxx
_________________________________________



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

I make this Witness Statement in support of my defence dated 28 December 2018 and in response to the claimants claim dated 28 November 2018 which was submitted through county court bulk centre.

1. 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.

2. Background

Save insofar as it is accepted that a contractual relationship once existed withTalk Talk Limited, however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14.
The claimant is yetto provide me with a copy of the agreement and to date no
statement of the alleged account has been received.
I do not recall having received a Notice of Assignment, as stated by the Claimant.

Therefore the Claimant is to provide strict proof to:

(a) show how the Defendant has entered into a Agreement/ Contract;

and

(b) show and evidence the nature of breach.

(c) show how the Claimant has reached the amount claimed for.

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.

4.Disclosures
The claimant has not complied and disclosed any documents.

Statement of Truth

I, xxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: xxxx

Dated: 25th April 2019

Edited April 26, 2019 by dave466

[dave466]

Sprry the above is incorrect I have realised that they did send me docs as in post#24

[dx100uk]

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=JC Talk talk witness statement&oq=JC Talk talk witness statement&gs_l=partner-generic.3...5411.14242.0.14580.30.30.0.0.0.0.141.2243.28j2.30.0.gsnos%2Cn%3D13...0.8921j3351081j31...1.34.partner-generic..30.0.0.pimTWRvM420

 

just remember they never attend anyway dave

 

 

 

[dave466]

Adjusted slightly. Anything need adding/removed.

Regards.

 

Claim No. xxxx

BETWEEN:
xxxx

AND

Defendant
xxxx
_________________________________________

WITNESS STATEMENT OF xxxx
_________________________________________

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

I make this Witness Statement in support of my defence dated 28 December 2018 and in response to the claimants claim dated 28 November 2018 which was submitted through county court bulk centre.

1. 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.

2. Background

Save insofar as it is accepted that a contractual relationship once existed withTalk Talk Limited, however I do not recall the exact details.

I have requested the claimant verify the exact details of this claim by way of a  CPR 31.14.
 

The claimant is yet to provide me with a copy of the agreement and to date only sent one bill with new charges on.

Therefore the Claimant is to provide strict proof to:

(a) show how the Defendant has entered into a Agreement/ Contract;

and

(b) show and evidence the nature of breach.

(c) show how the Claimant has reached the amount claimed for.

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.

4.Disclosures
So far the claimant has not complied with my CPR 31.14 request and has not disclosed a true executed copy of the agreement/contract nor have they showed evidence of the breach/default.

Statement of Truth

I, xxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: xxxx

Dated: 25th April 2019

[dave466]

Would this be good to go or does it need tweaking?

Regards.

[dx100uk]

looks ok

if andy pops in to check it else send it.

use 1st class with free POP 

don't forget to copy to sols

[dave466]

I will hang fire to see if Andy pops in and will post to court by hand and send copy to sol first thing tomorrow.

Thanks dx

[AndyOrch]

Fine not really much you could state...and if they have not served you with their statement and disclosures I would add that in also at 4..

 

Andy

[dave466]

Today we have recieved a notice of hearing for the 19th June 14.45 and 75 minutes has been allowed for the hearing.

[AndyOrch]

I thought you had already received Notice of Allocation and trial date Dave...post#28 ?

[dave466]

No Andy that was just to say that the judge has considered the statements of the dq filed and allocated it to the small claims track.

It said upon compliance with paragraph 1 (witness statements) it would then allocate a time and date.

We still have not received a witness statement from JC so I dont see how they can let it go ahead as it states that failure to comply would lead to it being struck out.

[dx100uk]

well moriarty never turn up anyway so should be a walk in the park win for you anyway.

 

dx

[dave466]

Bit of a long time to leave for it really isn't it? 75 minutes

[AndyOrch]

What dates must you both file and exchange statements by ?

[dave466]

The date was 25th April mate I missed it by a couple of days but still hand delivered it to the court anyway and sent a copy to the solicitors.

[AndyOrch]

Excellent ...give the court a ring and enquire if the claimant has filed its statement and disclosures..inform them you have not received anything and as per the court directions the claimants case should be struck out for failing to comply.

[dave466]

Rang the court. Apparently they have lodge a witness statement with them and the receptionist has said that we would need to email the courts with case number etc and explain that they have failed to comply with the paragraph and disclose witness statement to myself

[AndyOrch]

Not ideal..they have partially complied....although failed to serve you....still its worth getting a note put on the file that they have done this and you have had to compile a draft statement in the absence of thiers and  without  standard disclosure form the claimants.

[dave466]

Claim No. xxxxx

BETWEEN:
Claimant:
JC INTERNATIONAL ACQUISITIONS LLC

AND

Defendant:
xxxxxx

I xxxx, being the Defendant in this case would like to bring to the judges attention the following:

1) I believe that the claimant in this case has failed to comply with paragraph 1 of the notice of allocation to the small claims track (hearing) dated 26 March 2019.

I have not received any witness statements nor any other evidence which they rely upon.

2) as stated in paragraph 2 of the notice of allocation to the small claims track (hearing) dated 26th March 2019 failure to comply with paragraph 1 that failure to do as ordered the case will be struck out.

Statement of Truth

I, xxxx, the Defendant, believe the facts stated within this Statement to be true.

Signed:

Dated: 08 May 2019

[AndyOrch]

Insert the relevant CPR Dave which you rely on.....Pursuant to....

 

CPR 3.8 (1)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.8