JCI/BW Claimform - old TALKTALK Debt - filed wrong defence? - now think it's statue barred? ***Claim Dismissed***

[dx100uk]

[What Next]

So may I ask, should I be sending something about it being statute barred? I understand the 2013-14 billing period is 6 yrs gone, but the claim is for the rebilled 2014-16 overpayment refund, which is not 6 years? 

[dx100uk]

On 09/10/2021 at 14:33, What Next said:

1. The Claimants Claim is for the sum of £1,134.72 being monies due from the Defendant to the Claimant under a non-regulated agreement, originally between the Defendant and TalkTalk Telecom Ltd under account ref xxxxx.

2.The rights, benefits and title to the agreement were assigned to the Claimant on 16/08/19. Notice of the assignment has been given to the defendant.

3.Despite previous demands for payment being made by the Originating Creditor and the Claimant, the Defendant remains in default of the agreement.

the fact your bank payments were reversed negates those ever happened....they can re-bill all they like, doesnt reset the last successful payment date.

the debt is statute barred.

as said earlier please await advice from @Andyorch and his thought on my thoughts of WRITING to JCI about it being SB'd after research.

[What Next]

Thank you, will do

[AndyOrch]

You can adapt your witness statement should they decide to proceed to introduce the fact that you now believe the debt to be statute barred.

Wait until  you get your notice of allocation with the courts directions do not contact the claimant and give advance notice.

 

Andy

[What Next]

Thank you Andyorch, it has been allocated to small track and I have requested my local court, awaiting reply.

[AndyOrch]

Splendid....so when your n157 arrives come back and we can help with your statement to incorporate your initial defence and introduce the statute barred element.

 

 

 

.

[What Next]

Thank you

[What Next]

Update: service by email ignored, letter sent to previous address after being informed I do not receive them or others open them.

 

It is a 2.5 page response to my defence, with no acknowledgment of my agreement to mediate, but basically about how their claim is legit & my options are 1) pay in full, 2) withdraw defence & pay by instalments or 3) mediation where instalments can be agreed!

 

I can scan and attach here, but unsure if personal info will be imbedded in the scan? How can I tell, I’m not tech savvy?

[dx100uk]

simply remove anything the fleecers could use to ID you here.

 

sounds like their std bs they used to send to harass and intimidate a defendant.

 

 

[What Next]

I was thinking more of the embedded stuff that is in a document, eg, the name of the author or Adobe account holder, not something on the document? I’m not savvy enough to know what shows? 

[fkofilee]

Just post and we will take a look - We can remove it  from view if an issue 

[What Next]

BW Legal Letter dtd 14.10.21 18 Oct 2021.pdf

[dx100uk]

safe to ignore.

 

dx

[What Next]

That is good news, thank you. 

 

They make out they have not received back my agreement to mediate, yet I attached the email trail and the document to help me follow everything. So having replied to my email of 9 Oct, they have received my email of 8th containing the N180 agreeing to mediation.

[dx100uk]

you should not be using email

send one further email to the fleecers stating this email address is now no longer be used for anything further relating to the court claim.

 

dx

[What Next]

Will do, I have managed to set up a short mail redirection to catch their letters, so I shall receive everything now 

[dx100uk]

On 09/10/2021 at 21:03, dx100uk said:

 

 

Why have they not got your correct address?.

 

You sent CPR 31 14 didn't you?

[What Next]

I’m about to move, so I didn’t want to give it, move and miss something. 
 

The email of 9th Oct they refute in the pdf is the CPR 31.14 request.

 

 

[What Next]

I emailed about not emailing me & confirmed I had sent the N180 and asked them to confirm they will only use post, this is their reply:

We refer to the below email, the contents of which are duly noted.

 Please be aware, as there are ongoing legal proceedings, documents will still be served upon you by the court and ourselves via post. We are unable to correspond completely by email. 

 We are in receipt of the completed directions questionnaire and are awaiting further directions from the court.

 In the meantime, please can you provide us with the relevant medical evidence as detailed within your e-mail, within next 7 days. 

We trust this is of assistance.

[dx100uk]

None of their business. If it's needed the judge will ask for it and you stipulate it's confidential. But it's pretty immaterial as the debt is sb'd.

[What Next]

They said previously something like that, if I want them to take my disabilities into consideration I had to supply medical evidence within 7 days. Glad I don’t need to do anything yet. Thank you.

[What Next]

An update:

I have just received an email for mediation, it states, (please see photos) that I have to be willing to compromise.
 

I take that to mean that I have to openly believe that I will have to give in and pay something, when in reality it is statute barred?

 

Should I mediate & say it’s statute barred, or decline the mediation I agreed to do stating it is statute barred? 
 

Or, alternatively anything else I should be looking at/doing? 

 

All thoughts gratefully received and thank you in advance.

 

email frommediation service.pdf

[dx100uk]

If you filed our SB defence you say no to mediation.

 

3 copies.

1 wit you.

 

Rest is obv 

 

Omit Sig/phone/email on copy to sols

[AndyOrch]

27 minutes ago, dx100uk said:

If you filed our SB defence you say no to mediation.

 

3 copies.

1 wit you.

 

Rest is obv 

 

Omit Sig/phone/email on copy to sols

DQ already submitted DX awaiting N157 Notice of Allocation