JCIA/Moriarty claimform - Monument Credit card ***Claim Discontinued***

[billywhizzm]

Hi All,

 

Below are details of claim I received. I have been asking credit agreement, Deed of Assignment  in prove it letters since 2014. the debt collectors kept changing and finally Moriarty Law is on the case. Should I defend?

Thanks

 

Name of the Claimant ? JC International Acquisition LLC, 16 Mcleland Road, St Cloud, Minnesota, USA

 

Date on the claimfrm : 29 -Aug 2019

 

defence filing date  = 30th Sept 2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? The Defendant owes the claimant £778.77 unde credit card agreement with JCIA dated the 12/08/2004 and which was assigned to the claimant and notice of which was given to defendant.

 

What is the total value of the claim? £971.07

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? NO

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO

 

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? Original creditor: Monument Credit card

 

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

 

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

 

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? Yes

 

Did you receive a Default Notice from the original creditor? Yes.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments?

 

What was the date of your last payment? October 2014

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[dx100uk]

date on the claimform please

is that ALL the POC says??

JCIA are not a creditor so didn't issue the card

who was the original creditor please

[billywhizzm]

Date on the claimfrm : 29 -Aug 2019

Original creditor: Monument Credit card

POC says: The Defendant owes the claimant £778.77 unde credit card agreement with JCIA dated the 12/08/2004 and which was assigned to the claimant and notice of which was given to defendant. plus some interest charges 8% annum

 

Thanks

 

[dx100uk]

oh well they wont get far with this claim then if you follow our advice and stop sending silly letters like you appear to have been to 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
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
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 [1 in the count]

 

………...

 

should be a walk in the park as moriarty don't ever turn up anyway.
 

 

[billywhizzm]

Thanks dx.

I had send CCA letter request to Cars debtcollector in 2014.

 

Later similar letters was sent to another collectors and Moriarty,

 

the last post I recd from Moriarty was sheets of account statement from 2004.

 

should I send a new CCA request?

 

will send CPR 31:14 request to Moriarty Law (solicitors)

 

Thanks

 

[dx100uk]

yes.

 

[dx100uk]

give us a data history list of the people you've deal with sometime please.

and letter like the cars ones state who they say is their clients too

[billywhizzm]

21 minutes ago, dx100uk said:

give us a data history list of the people you've deal with sometime please.

and letter like the cars ones state who they say is their clients too

Time Line:

1st CCA Letter to Monument in 05 Nov 2014. response from Monument attached

 

Cars: Sept 2015 

Tenron : April 2016

Moriarty Law : Jun 2018 till Date

 

 

 

 

 

 

 

 

 

some more letters from DC

 

 

 

[dx100uk]

all removed

one multipage PDF only please

read upload

 

[billywhizzm]

All images in PDF file now.

 

Thanks

 

 

CCA_Response_(1).pdf

[dx100uk]

that's a poor CCa return, devoid of most of the prescribed terms on that reply form so not enforceable

and even so , it what the claimant returns not anything you hold.

 

 

[billywhizzm]

Thanks dx.

 

will loging MCOL and select defend all.

 

subsequently Send CCA request and CPR 31:14 request to Moriarty Law in same post.

 

[dx100uk]

no!

read what the guide says in post 4 CAREFULLY

 

[billywhizzm]

5 hours ago, dx100uk said:

no!

read what the guide says in post 4 CAREFULLY

 

#4 says CCA to claimant. its a US company. shld I send CCA to USA? and CPR 31:14 to solicitor?

 

MCOL part I have finished as per advised.

[dx100uk]

eh?

they are in Basingstoke 

JC International Acquisitions
Type	Debt Collection Agency
Address	Basingview ,Basingstoke,Hampshire,RG21 4RG,United Kingdom

[billywhizzm]

On 31/08/2019 at 21:22, dx100uk said:

eh?

they are in Basingstoke 

JC International Acquisitions
Type	Debt Collection Agency
Address	Basingview ,Basingstoke,Hampshire,RG21 4RG,United Kingdom

Thanks DX

The claimant address on county claim is USA.

will send CCA to basingstoke  and  CPR 31:14 to solicitor

 

 

 

[billywhizzm]

The post is delivered as per Royalmail tracking. lets wait and watch.

 

Do I need to start thinking of defence?

[dx100uk]

as you should be...CAG is self help too!!

furing these downtimes between stages...

 

no harm in reading any/all card claimform threads in this very same forum.

the more you read

the stronger we become.

 

then you'll know the process, the timeframes and what to do as each step progresses.

[billywhizzm]

fast response from JCI.

They have posted the signed document.

 

this document is not enforceable as far as my knowledge.

 

Please advise.

 

JCI CCA.pdf

[dx100uk]

reply card not an agreement.

 

dx

 

[billywhizzm]

Just to give you guys update.

 

So far only a acknowledgement letter from Moriarty that they received my request letter and will come back after contacting client.

 

nothing from court yet. Its been almost 23 days since I acknowledge the court claim.

[dx100uk]

don't forget to file a defence regardless by day 33 from the date top right on the claimform.

[billywhizzm]

1 minute ago, dx100uk said:

don't forget to file a defence regardless by day 33 from the date top right on the claimform.

Ah. I thought I need to wait. Any link as a guide for filing defence?

Thanks

[dx100uk]

Post 4 ...read it again

 

Lots of card claimform threads here

Use the custom google search down a bit after hitting the top CAG squares logo

[billywhizzm]

Thanks dx.

 

first attempt to read the sucess story and make my defense. POC are same as clain form. Please can you have a quick look at the following amended defence.

 

#### Particulars of Claim #####
 
 
1. The defendant owes the claimant £xxx.xx under a credit card agreement with JCIA
 
2. Dated the xx/xx 2004 and which was assigned to the claimant and notice of which was given to the defendant
 
3. Despite formal demand requests for payment the debt the defendant has failed to pay and the claimant claims £xxx.xx and also claims interest thereon pursuant 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 £xx.xx.
 
###### Defence ######
 
1. The Defendant contends that the particulars of claim are vague and generic in nature. 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.

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. Paragraph 1 is denied. I have never had any financial dealings with JCIA in the past.It is denied I have any knowledge of the above Claimant .
 
3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment.

 

4. Paragraph 3 is denied , the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14/Section 78 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 service of a default notice pursuant to sec 87(1) of the CCA1974
(c) 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;
 
6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
 
7. On the alternative, if 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 Credit Act 1974.
 
8. 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.

 

Thanks