JC/Moriarty unknown claimform - old Sky debt

[dx100uk]

much prefer post 2 here

send the CPR too

[jerrythompson]

this one?

 

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 claim is denied. I am unaware of what debt the claimant refers to.I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 06.10.2017 and wich the claimant received it on the 09.10.2017

 

The claimant has failed to respond.

 

3.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 and evidence the nature of any breach;and

© 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;

 

4.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.

 

5. As per Civil Procedureicon 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 82A of the consumer crediticon Act 1974.

 

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.

[brassnecked]

What date did they issue the claim? just to make sure they haven't already got a judgment.

[jerrythompson]

I dont actually know because I don't have the claim date .

 

I contacted the Court on 20th July last week and on 22nd of July they advised that I must respond within 14 days of the date of service (whatever that is!).

 

They sent me new forms and I completed the Acknowledgement of Service to which they have accepted.

 

Should I send this defence asap and do I worry that I am only sending the CPR now , especially as the defence refers to the date requested?

[dx100uk]

do this

it should tell you the claim date

 

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.

 

…...

if AOS is not done 

do it now online as above

[jerrythompson]

I have no claim form!

 

When I go on MCOL it asks for a claim password which I do not have

 

and on my current MCOL it only shows another open case.  This one is not mentioned.   

Do I need another Gateway??

[dx100uk]

it wont show till you are able to enter the claim no and password AFAIK.

 

scan up the last moriarty letter please

 

[jerrythompson]

The attached Moriarty refers to 14 days from 17th July.   

 

I have tried the claim number with AFAIK and it says that the claim or password are incorrect.

 

Do I presume to have to register a new gateway ?

moriarty 17 july.pdf

[dx100uk]

ring northant bulk Monday get the claimform date.

 

that says you got that by email?

if you did

sent ONE email to them stating that email is NOT to be used for any further communication regarding the claim number xxxxxx

and their address will now be blocked 

 

[jerrythompson]

No,  I emailed them and the court to say I had not received anything.

 

They wanted me to then continue by email and requested dob etc but I have ignored it.

 

Am I to still send the defence and CPR?

[brassnecked]

Do as DX suggests, they register with MCOL and see if you can progress from there, deffo send the defence and CPR, just a question, have you ,moved house recently and there is an old address Holmes's nemesis Moriarty could have sent the claimforms to?

[jerrythompson]

When I read the MCOL page, it states that any case would be visible but it's definitely not there so I will try to get the court to send the password at least.

No. I haven't moved recently.

 

Could I just ask if when I send the defense, is it ok to say I only sent the CPR today and as time is short, should I email as well as post the CPR to Morifarty?

 

Thanks again

JT

 

 

[brassnecked]

Don't email post block their emails, as suggested by DX  otherwise further down they might send you something 11:59 at night the day before the case comes up and say you had the info.

[jerrythompson]

ok thank you

[dx100uk]

please ring northants bulk and get the claimform date

 

as ive already said 3 times yes send CPR today

no await the claimform date THEN we'll know WHEN your defence is due by..

[jerrythompson]

Too late! Sent!

I did hear you but I had asked another question relating to it but  it's gone now so thank you for your guidance.

JT

[jerrythompson]

I received a letter from Moriarty yesterday which is pushing me to obtain information from Sky when I have already told them that I cannot access any information from an account I know nothing of!

 

They are pushing for mediation now but I fail to see how they can pursue me for a debt they cannot prove!  Can you help please

 

Please note the letter from CARS I have never received before.

 

JT

 

 

 

 

docs1.pdf

[dx100uk]

 see post 80 fwd here

 

dx

 

[brassnecked]

No you are not a nuisance, its sometimes hard to sort pdf if you are unfamiliar with them, pdf is better than jpeg etc as the filesize is smaller and multiple pictures and documents can be contained in a smallish pdf, also we can zoom in on the images better in a pdf.

 

They  look OK to me and are legible.  people will be along soon once they have lookd at the docs with further advice.

[jerrythompson]

Thank you Brassnecked.  If I was an expert, I wouldn't be here!!

 

I am trying!

Thanks again

Fay

[dx100uk]

docs in your last post

nothing there to worry about

what date did you file the defence please and has northants bulk written confirming they got it?
 

[jerrythompson]

I sent Acknowledgment of Service stating I would defend all on 22nd July 2019 and also advised them that it is still not showing online.

 

They have not yet confirmed

[dx100uk]

but you filled you defence, that you posted up?

or it appears you did post it?

 

dx

 

[jerrythompson]

Yes, I sent it on 29th July by email

[dx100uk]

to what email?

 

dx