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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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dave466

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

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Name of the Claimant ? Jc international acquisitions

Date of issue – 28th November 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 11/12/2012 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 £135.30.

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 £10.82

 

What is the value of the claim? £221.12

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? The claim is from a house phone/broadband account.

 

When did you enter into the original agreement before or after 2007? After 2007

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. Assigned to debt purchaser issued by MORIARTY LAW.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't believe so

 

Did you receive a Default Notice from the original creditor? I don't believe so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware.

 

Why did you cease payments? Not sure

 

What was the date of your last payment? Not sure

 

Was there a dispute with the original creditor that remains unresolved? No.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I don't believe so no.

Edited by dx100uk
format

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

 

pop up on the MCOL website detailed on the claimform.

.

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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Sorry for late reply.

And was done and cpr sent last week. Thanks.

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DEFENCE

 

The Defendant contends that the particulars of claim are vague and generic in nature. 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.

 

1. The Claimant claims £221.12 is owed

I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 request who are yet to fully comply.

 

2. The Claimants statement regarding the assignation of the debt is denied.

I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from the Claimant Jc International acquisitions.

 

3. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

(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;

 

4. On receipt of this claim I requested, by way of a CPR 31.14 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law have failed to fully comply with this request.

 

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

 

6. 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 82 A of the consumer crediticon Act 1974.

 

7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Should there also be anything in there with regards to PAP?

Regards.

Edited by dx100uk
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yes if it wasn't sent elsewhere as you've moved?

 

read the link in post 2

that above is not our usual defence for a TT BB debt.


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We havnt moved dx been in same house for 15 years.

Sorry I was using am old defence I had and just altered it.

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that is still not our std defence referring to no pap nor the Ofcom guidelines.

 

dx

 

- - - Updated - - -

 

adapt AS NECESSARY

THIS IS AN EXAMPLE ONLY

 

The Defendant contends that the Particulars of Claim are vague and generic in nature. 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.

 

1.The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon 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.

 

.

2. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE 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 has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received.

.

3. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974.

 

4. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 18 November 2016 from my cpr31.14 request. This is the first time i have seen this letter.

.

5. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim

.

Therefore the Claimant is to provide strict proof to:

.

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

 

.

6. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

.

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

.

8. 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.

.

9. 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.

.

10. 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

.

nicked from andyorch


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Thankyou for the time and information.

I have adapted it accordingly to my case and hopefully this is better.

Thank You once again.

 

1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 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 £135.30.

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 £10.82

DEFENCE

 

The Defendant contends that the Particulars of Claim are vague and generic in nature. 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.

 

1.The Claimant has not complied with paragraph 3 of the PAPDC (pre action protocol) Failed to serve a letter of claimicon 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.

 

2. Paragraph 1 is accepted. I have, in the past, entered into a contract with Talk 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 no statement of the alleged account has been received.

I do not recall any breach and I have never received any Default Notice.

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 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;

 

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

 

4. 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.

 

5. 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.

 

6. 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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You must put the claimant to strict proof to disclose....point (B) must be added

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 

Did you receive a Default Notice from the original creditor? I don't believe so

 

 

Andy


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1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 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 £135.30.

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 £10.82

 

DEFENCE

 

 

The Defendant contends that the Particulars of Claim are vague and generic in nature. 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.

 

1.The Claimant has not complied with paragraph 3 of the PAPDC (pre action protocol) Failed to serve a letter of claimicon 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.

 

2. Paragraph 1 is accepted. I have, in the past, entered into a contract with Talk 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 no statement of the alleged account has been received.

I do not recall any breach and I have never received any Default Notice.

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 and service of a default notice pursuant to section 87(1) CCA1974

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

4. 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.

 

5. 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.

 

6. 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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Just realised this is a telecom claim therefore CCA is not applicable.....amend the following and remove the parts in red

 

2. Paragraph 1 is accepted. I have, in the past, entered into a contract with Talk 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 no statement of the alleged account has been received.

I do not recall any breach and I have never received any Default Notice.

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 and service of a default notice pursuant to section 87(1) CCA1974


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How's this now.

 

1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 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 £135.30.

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 £10.82

DEFENCE

 

 

The Defendant contends that the Particulars of Claim are vague and generic in nature. 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.

 

1.The Claimant has not complied with paragraph 3 of the PAPDC (pre action protocol) Failed to serve a letter of claimicon 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.

 

2. Paragraph 1 is accepted. I have, in the past, entered into a contract with Talk 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 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.

© show how the Claimant has reached the amount claimed for.

 

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

 

4. 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.

 

5. 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.

 

6. 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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1.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.

 

Did you not receive a LBA with PAP ?


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Does lba mean letter before action?

If so I am not 100% sure Andy.

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So remove that paragraph and adjust others (numbers)

Then good to send Andy?

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:thumb:

 

I have also added to the above © show how the Claimant has reached the amount claimed for.

 

 


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The Defendant contends that the Particulars of Claim are vague and generic in nature. 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.

 

1. Paragraph 1 is accepted. 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 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.

© show how the Claimant has reached the amount claimed for.

 

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

 

3. 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.

 

4. 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. 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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I would prefer " Save insofar as it is accepted that a contractual relationship once existed " rather than " I have, in the past, entered into a contract " ?


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Edited, is tgat now good to go mate or should I also delete out, paragraph 1 is accepted?

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Yes you could remove that also then your good to go


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Thank you Andy.

My final draft. All good to go?

 

The Defendant contends that the Particulars of Claim are vague and

generic in nature. 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.

 

1. 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 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.

© show how the Claimant has reached the amount claimed for.

 

2. As per Civil Procedure Rule 16.5(4), it is required that the

Claimant prove the allegation that the money is owed.

 

3. 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.

 

4. 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. 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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What are your thoughts on what they have disclosed ?

 

With regards to the N180....use the following to complete on screen run 3 copies.(Court/Claimants Sol/File

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Yes to mediation

Yes to Small Claims Track

State your local county court

1 Witness ...you

 

The rest is self explanatory.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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