JCI/BW claimform - old Talk talk debt

[Cmx1982]

Hi guys I'm new here and not sure if I'm in the right place.

I've received a county court form for an old debt which is just shy of been statute barred. Because there is little info on the particulars of claim I'm a little unsure of how to proceed.

Any help and advice is highly appreciated.

[AndyOrch]

Hi and Welcome to CAG

 

I have moved your topic to the appropriate forum.Please continue to post here to your thread.

 

Read the following link and then copy the Q,s and your responses back here for further advice on how to proceed.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-issued-in-england-wales-what-you-need-to-do-updated-jan-2019/

 

 

Andy

[Cmx1982]

In order for us to help you we require the following information:-

[if there are more than one defendant listed - 

 

Name of claimant: JC International Acquisition 

 

Date of issue – 17 January 2020

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? the claimants claim is for the sum of 125.00 been monies due from the defendant to the claimant under a non regulated telecommunications agreement originally between the defendant and Talk Talk telecom limited under account reference xxxxx.

The rights benefits and title the agreement have been assigned to the claimant on 03/04/2014. Notice of the above mentioned assignment has been given to the defendant 

 

What is the total value of the claim? 268.39

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Not too sure

 

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? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No (broadband)

 

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

 

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

 

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. Assigned to debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? can't remember

 

Did you receive a Default Notice from the original creditor? Can't remember 

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? unsure

 

Why did you cease payments? unsure

 

What was the date of your last payment? unsure

 

Was there a dispute with the original creditor that remains unresolved? Not that I'm aware of

 

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

 

[AndyOrch]

Great now refer back to that link and send a CPR 31.14 to the named Solicitor

 

With regards to pre action protocol do you recall receiving anything resembling the following ? :-

 

 

 

[Cmx1982]

I don't recall receiving anything but couldn't be 100% certain. I have actually received a letter this morning from BW Legal basically saying even though court action has started it's not too late to organise a payment plan etc.

I've never had to do this before so it's quite intimidating and seems a little easier to just arrange a payment plan. Or is this their way of bullying? 

[fkofilee]

Their way of making you cave in

[AndyOrch]

The claim has been issued to preempt the debt from becoming statute barred as you rightfully stated in your opening post.Now above you state that your unsure of your last payment yet you state its just shy of becoming statute barred....so you do know the last payment tot his debt ?

 

The problem is that court claims for this debt rarely ever make it to actual hearing and are discontinued by the claimant once challenged and a defence has been entered.There is very little paperwork to back up their claim.

 

It may appear to be easier to just pay...but this debt has been sold by the TT to this debt buyer for pence in the pound which they in turn then charge you the full amount to make a profit.TT have already wrote it off as a tax loss so they have not incurred any loss....and so this sleazy assigning debts continues because people will simply just accept it and pay rather than take a little time to challenge them.

 

If its not too late to come to a payment plan...why did they bother to issue a court claim and not just approach you in the first instance ?

 

Take a little time to read similar threads and you will soon learn how this industry works and why people must challenge the claims.I bet the debt is not even a true debt incurred by yourself but penalty charges for service that was never supplied correctly 

[Cmx1982]

Thanks Andyorch. It's scary how they use the legal terminology to try and scare people. If I hadn't of stumbled upon this site I would be unsure what to do. I've done the acknowlement of service and will post off today a CPR and wait to see if I receive a response. I'll obviously need help in filing a defence but can I come back to you nearer time for help? 

[AndyOrch]

Of course they bamboozle you with legal threats and courts ...knowing that 9/10 will just panic and crumble.There are 100s of example  defences for telecommunication claims mostly which have been halted once defended.

 

If you could recall and let us know a little history of why this debt came about...that would be helpful.

[fkofilee]

Watch out for the letter where they tell you 

 

"Due to the abundance of evidence held in our clients favour - Your Defence is entirely unsustainable and seemingly destined to fail". 

 

Seriously - Andyorch is right and they will try to put you in a distressed state to cough up.

Please dont let it happen...  

 

Please do tell us more... 

[Cmx1982]

I'm just in the process of going through my bank statements right from beginning of 2013.

 

So far I have found nothing outgoing to talk talk.

I have sky going out from April 2013 and I only moved in February 2013 to my current address.

 

I do recall being with talk talk at a previous address so I'm wondering if it's from there.

I'm honestly wracking my brains to try and remember when it's from.

But if there is nothing going out of my bank account, even anything unpaid my guessing it is statute barred.

 

I'll carry on digging and get back to you asap.

[AndyOrch]

Well that would simplify the process if it is statute barred...keep digging.

[Cmx1982]

I've been through all of 2013, 2014 and 2015 bank statements and there is nothing whatsoever to talk talk.

 

My guess is it's possibly for a previous address but God knows.

Can I also email CPR request or do I need to do it through post?

 

Also is there a template letter on here anywhere I can use as a guide? 

[AndyOrch]

Lowell's only got hold of the account in 2014 ..so I assume you have not paid anything to them ? and no payments in 2016 -20 or acknowledgements of debt ?  Therefore it is statute barred......if it can be assured 100% its statute barred then possibly not even bother with a CPR 31.14...you could submit the statute barred straight away.

 

It not advised to use email for CPR...you need a papertrail 

 

Quote

Also is there a template letter on here anywhere I can use as a guide? 

 

 

A guide to what ?

[Cmx1982]

No payments to anyone or acknowledged debt.

I've been through every monthly statement from January 2013 and there is nothing.

 

So moving forward I'm still going to send CPR request even if It is statute barred.

 

What I meant was how do I word a CPR request to them.

That's why I was asking if there was a template request letter I could use to guide me.

Sorry if I seem dumb just not sure how to word it all without looking incompetent to BW Legal. 

[AndyOrch]

The CPR request template is already done for you...of course you have to amend it to suit your particulars...you cant request a document if they have not referred to it within their particulars.

 

So looking at the particulars they state " Agreements "  " Account Reference " " Assignment ".....and as the balance requested you can request a full breakdown and copies of the statements.

 

Follow the instructions on the template CPR and add or remove the above...thats all you have to amend..the rest is already drafted for you.

[Cmx1982]

Thanks guys. I've sent off the CPR request recorded delivery so will wait and see what comes back. I'll probably have to come back to you for some advice on my defence. Not too sure when my deadline is. Claim is dated 17th of January and I acknowledge today.

[dx100uk]

33 days whereby that date is ONE in the count

 

no harm in ringing talk talk and asking last payment date

but do not ring the fleecers.

as andy says 99/100 JCI discontinue these bogus mobile/broadband/phoneline claims

there are 10's of them here already 

just copy and paste your topic title into our search top right and read up.

 

dx

 

dx

 

[Cmx1982]

If I contact talk talk won't I be admitting to the debt though? 

[dx100uk]

no they sold the debt and are nothing to do with the court case

 

 

 

dx

 

[Cmx1982]

Ok brill I'll give them a bell tomorrow to try and get some more information. I'll keep you guys updated and I can't thank you all enough for the help. I'm going to have a read through some of the other posts you suggested. Least I know I'm not the only one dealing with these things.

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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

 

goto the defence filing section 

file the following:

 

 

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

 

 

 

 

 

[Cmx1982]

Wow. Thanks dx . For those who know what their doing it's easy. For some of us e.g. me it's mind boggling. I'll get that put in the defence after I've finished work. 

[Cmx1982]

Hi guys just a quick update.

 

Well I sent the CPR request off and have now received a reply stating 

"We are governed under the distant selling act and not the consumer credit act therefore we do not have a signed agreement or default notices. Please not we have queried the matter with our client for relevant documents and an updated will be provided in due course."

So you were all correct in they have nothing. I also filed the defence which dx gave so will wait and see.

[dx100uk]

doesn't matter what paperwork they do or don't hold

the debt is statute barred

 

dx