JC/moriarty claimform - statute barred monument card debt

[Bumble77]

Hi,

 

I need some advice in compiling a defence to a claim sent to me by Moriarty Law on behalf of JC International

 

The claim is dated 24 May 2019 and I have filed my intention to raise a defence to extend the period to 28 days today

 

They claim: The defendant owes the Claimant £1075.67 under a credit card agreement with JCIA dated 29/2/2008 and which was assigned to the claimant and notice of which was given to the defendant. Despite formal demand for the payment the defendant has failed to pay and the claimant claims £1075.67 and also claims interest thereonprsuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £86.05

 

Amount Claimed 1161.72

Court Fee 70.00

Legal Costs 80.00

Total Amount 1311.72

 

In the pre litigation pack they sent to me (I have a copy as I sent by email) I asked for a copy of the CCA and also stated the debt was statute barred. To date all they have returned to me are statements of account that prove this is over 6 years old. The address they claimed I was at I had moved from long before those dates and my electoral roll supports this so I could have been found. 

 

So my defence items are no CCA and Statute Barred - What is the best phrasing to do this? I presume I also do this at the last minute possible?

 

Thank you in advance

[Bumble77]

Hi,

 

I need some advice in compiling a defence to a claim sent to me by Moriarty Law on behalf of JC International

 

Name of the Claimant ? JC INTERNATIONAL ACQUISITION

 

Date of issue – Their Date 24 May 2019 / Submission Date 25 June 2019

 

Particulars of Claim

 

What is the claim for – 

 

1.The defendant owes the Claimant £1075.67 under a credit card agreement with JCIA dated 29/2/2008 and which was assigned to the claimant and notice of which was given to the defendant.

 

2.Despite formal demand for the payment the defendant has failed to pay and the claimant claims £1075.67

 

3.and also claims interest thereon persuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £86.05

 

What is the total value of the claim? £1311.72

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

 

Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

 

Yes many times

 

Did you inform the claimant of your change of address?

No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

 

Credit Card

 

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

 

29/2/2008

 

Do you recall how you entered into the agreement...On line /In branch/By post ?

 

Online I think

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?

 

No

 

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?

 

Unknwon

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

No

 

Why did you cease payments?

 

Mental health conditions, I was briefly sectioned and then tried to get hold of all of my creditors but not all were showing on my credit file

 

What was the date of your last payment?

 

Unknown but well over 6 years ago

 

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?

 

No

 

What you need to do now.

 

In the pre litigation pack they sent to me (I have a copy as I sent by email) I asked for a copy of the CCA and also stated the debt was statute barred. To date all they have returned to me are statements of account that prove this is over 6 years old. The address they claimed I was at I had moved from long before those dates and my electoral roll supports this so I could have been found. 

 

So my defence items are no CCA and Statute Barred - What is the best phrasing to do this? I presume I also do this at the last minute possible?

 

Thank you in advance

[fkofilee]

Do you have a copy  of the statement that you can post up minus personal details?

[Bumble77]

3 minutes ago, fkofilee said:

Do you have a copy  of the statement that you can post up minus personal details?

I'm scanning it now, it's quite big and no personal details on it. I have found they'd put the cca in their and I'd missed that so my defence is that this is statute barred

[fkofilee]

IF you struggle to scan  it  - Go and get OfficeLens from Microsoft on IOs or Google Play

[dx100uk]

no need

if the statement proves it statute barred then file our SB defence now

JCIA??? who's that?? who was the original creditor??

[fkofilee]

JC International Acquisitions me thinks. 

[Bumble77]

Original creditor was Monument and JC Intl Acquisitions must have purchased this at some point. Scanner still working hard! 

 

Having to break their file down as it's too big.

This is the CCA

 

 

Statement Pt1

 

 

Statement Pt 2

 

 

I have the account action log of actions they have taken too but a file of 1.7mb won't upload for some reason

 

Account action logs too

acctactionlogpt2.pdf

[fkofilee]

I have to agree - It is over 6 years old from the last statement from what it seems like. 

I agree with DX - Time to send a SB Defence on the matter. Can you confirm that NO payments have been made since 2010?

 

 

So when did they sell this to JC I wonder? It looks like 2012?

 

[Bumble77]

2 minutes ago, fkofilee said:

I have to agree - It is over 6 years old from the last statement from what it seems like. 

I agree with DX - Time to send a SB Defence on the matter. Can you confirm that NO payments have been made since 2010?

 

100% no payments made at all.

Do I file that defence now or make them wait for the full duration?

[fkofilee]

Let @dx100uk advise more as im not 100% on the court process myself. 

[Bumble77]

I have already done the acknowledgement process today

 

[dx100uk]

you SURE the poc say credit agreement with JCIA??

they don't typically litigate on credit cards 

and you cant have a credit agreement with them as they are not a creditor.

so the poc is total rubbish hoping for a backdoor CCJ

and ofcourse being SB'd wont matter.

how do YOU know its a monument card..they have not indicated such on the POC.

 

good job you got the claimform

had to take you uploads down

you've left the account number on every line.

 

BRB.

 

dx

 

[Bumble77]

13 minutes ago, dx100uk said:

you SURE the poc say credit agreement with JCIA??

they don't typically litigate on credit cards 

and you cant have a credit agreement with them as they are not a creditor.

so the poc is total rubbish hoping for a backdoor CCJ

and ofcourse being SB'd wont matter.

how do YOU know its a monument card..they have not indicated such on the POC.

 

good job you got the claimform

had to take you uploads down

you've left the account number on every line.

 

BRB.

 

dx

 

Didn't even realise that was on, sorry about that and thank you so much for all your help. They told me on this cover letter that it was monument and the original account number

 

A very cropped copy of the POC

 

[fkofilee]

No the agreement was with Monument Bank and not JCIA... They cant assign a Credit Card Agreement to themselves in this capacity... 

[dx100uk]

password showing. claimform removed

 

ok well we could poke fun at them for a totally useless poc.

even if it wasn't sb'd you'd win on that point because as usual JC and Moriarty haven't a clue what they are doing and never turn up anyway in court

its purely a speculative claim hoping you wet yourself and cough up or ignore and they get a default judgement.

 

not sure if its SB'd why you ever bothered with letter tennis..no point.

 

The following defence is all you need if it is SB go file it now

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

 

dx

 

 

[Bumble77]

Doing really well today aren't I. Thank you so much for all your help. I will update as to progress