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

[dx100uk]

so you've not received the claimants WS either?

 

dx

 

[What Next]

I received the pdf I sent you, that has the representatives statement which is treating it as the new alleged debt, the rebelled total of the sun recalled by the bank under the DD guarantee, quoting dates from then too.

[dx100uk]

sorry yes you did.

 

bouncing between differing threads got confused.

 

await @andyorch

 

dx

 

[What Next]

I’m so stressed, I’m going to down tools for a bit & regain my composure, if I’m late already, then another day isn’t going to make a difference!

 

In trying to compose something, which evades me, I’ve copied & pasted my defence emails into one, with some extra bits, whilst following live chat in the background in the hope that I will get some dates to confirm my last payment and my complaint date & after 4 hours of negotiating they finally admit (or are lying) that they don’t have any info to give me under SAR/DPA/GDPR? I’m off to have a cuppa! 

 

 

 

If an affidavit is suitable, can it be witnessed by a minister of religion? 
many thanks

[AndyOrch]

Quote

If an affidavit is suitable, can it be witnessed by a minister of religion? 

 

You cant submit an affidavit that it not part of the claim process in civil county court money claims. If the debt is statute barred then simply submit a statement structured the same as the example I have provided...Short and sweet the same as a SB defence.

 

The main thing is that a statement is submitted and served on the claiming  party.

[dx100uk]

affidavit - no such thing in civil court

you mean  - a statement of truth

all you need to do is sign it ending with the appropriate statement.

 

however...WHY? not needed.

 

............................

 

just fill out a std ws sheet and end with the appropriate statement and sign it.

 

since the filing of my defence i have realised the debt is statute barred .

 

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.

 

my personal medical details are nothing to do with the claim nor the claimant and are immaterial anyway due to the above.

 

i moved from the said property in xxxx date informing the original creditor of same at the time and to cancel. unbeknown to me the original creditor continued to draw against a direct debit that i failed to cancel for some 2yrs for a broadband/Digital tv/Landline service i was not, could not use and had already believed cancelled. i contacted Talk Talk who refused to help me, thus i contacted my bank and invoked my rights under the DD guarantee to reclaim the rouge payments. Talk Talk again setup a DD without permission and again took a further payment in Oct 2016, which again i had to invoke my DD Guarantee over.

 

my last payment for a service provided by Talk talk at my old address was xxx/2014 , therefore the debt is statute barred.

 

 

..................try that

short and simple

 

 

[What Next]

Thank you both, just to be clear on a point, I cancelled on the phone for breach of contract because they couldn’t supply the service due to the broken pole/equipment BEFORE I moved, so I didn’t have to cancel BECAUSE I moved and inform them, because I had already cancelled it, does this make a difference? 

[dx100uk]

even better then.

so clarify that by giving a date.

 

i would thus assume you had no line at all so werent with anyone else either.

so you switch provider and this damage happened, or it was like this upon moving in ..so whats the story there on the wider picture?

[What Next]

The damage must’ve been there already because it didn’t work properly to begin with, their engineer came out a few times, it was passed to local BT engineer. As I recall the wires were loose or not connecting properly, but in order to fix it they had to climb the telegraph pole, which already had a notice on it saying not to climb as it was dangerous. The pole was not directly on my plot, it was private land, so they didn’t have permission to change it. As builders were building houses in my garden effectively, they agreed with engineer that they could erect a new pole within that plot. This was not done before I moved out. 
 

As the house was a temp rental whilst I was awaiting completion of works on another property I would not have taken out a new supply with anybody else. Not only that they say I had an 18 mth contract, but I only took a 12 month rental, so I would not have signed up for 18 months?

 

We fitted a sky dish & had freeview box for tv & used our mobiles. This is how I discovered the problem to begin with when I got huge mobile phone data charges on my children’s mobiles, they were streaming tv on their mobiles as they couldn’t get the TalkTalk service. I had to block all data charges or I would’ve been bankrupt! They kept releasing the block & charging again & I had to keep phoning on a monthly basis to make sure they were blocked, that’s was whole different stressful battle! They (TalkTalk) diverted all landline calls to my mobile and charged me for it, even though it was their fault?

[What Next]

How does this sound?: 

 

Since the filing of my defence I have had confirmation that the debt is statute barred.

1 The Claimant's claim was issued on 19 July 2021.

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, (please see attached CONC S7.15 Statute Barred Debts).

3 The Claimant's claim to be entitled to payment of £1294.72 or any other sum, or relief of any kind is denied.

4 My personal medical details are nothing to do with the claim nor the claimant and are immaterial anyway due to the above.

5 I moved from the said property in July 2014 (please see letter of confirmation from estate agent). I did not need to inform the company that I had moved because I had already cancelled the contract for TalkTalk’s breach of contract in failing to provide the contracted service. Unbeknown to me the original creditor continued to draw against a direct debit and I failed to notice for some 2yrs for a broadband/Digital tv/Landline service that we could not use and already believed cancelled. I contacted Talk Talk who refused to help me, thus i contacted my bank and invoked my rights under the DD guarantee to reclaim the rouge payments. Talk Talk again setup a DD without permission and again took a further payment in Oct 2016, which again i had to invoke my DD Guarantee over.

 

Talk Talk created a new account debt and started to pursue me for that new erroneous debt, which is the date that the claimant is using to try to make its case within the time frame.

My last payment for a service provided by Talk Talk at my old address was July 2014 as far as I am aware, (both the claimant and Talk Talk have refused to supply a SAR providing me with these details) therefore based on this the debt is statute barred.

[dx100uk]

confirmation..then you'll be asked to show your evidence.

 

discovered is better.

 

i would remove

 

as far as I am aware, (both the claimant and Talk Talk have refused to supply a SAR providing me with these details)

 

add at the start of 5. the property was a short term rental. 

 

[What Next]

Thank you, do I request that it is struck out or dismissed or something?

Edited September 7, 2022 by What Next

[FTMDave]

Yes, you ask for the case to be dismissed.

 

There is an example of a WS in post 81 here (sometimes the post count goes wonky, if it's not 81 it'll be a couple of posts above or below)  https://www.consumeractiongroup.co.uk/topic/446738-hx-parkinggladstones-ccj-exceeded-1hrs-free-mcdonalds-alma-leisure-park-chesterfield-ccj-issued-thanks-to-useless-parking-fines-ltd-continued/page/4/#comments         

 

You need to copy the style at the top and the Statement of Truth at the bottom.  And you need to number the paragraphs.

 

E-mail it to the court and the fleecers this evening and cross your fingers and toes to be allowed a bit of leeway.

 

In the subject line of the e-mail put the case number and the names of the parties.

 

[What Next]

Thank you but Oops, already sent, I didn’t want to be another day late.
 

I numbered the paras, put a truth statement at the bottom and requested it be dismissed, but I forgot to copy in claimant, so I better go do that now.

 

Is it worth rejigging it & putting in header etc at this point for the claimant & resend with header to court? 

Edited September 7, 2022 by What Next

[FTMDave]

It was probably fine as you sent it.

 

You do need to send to the claimant though, or you'll be in hot water.

 

As you have to send it to them you might as well prepare it exactly correctly and have another go, both to the court and to the fleecers.

 

Nothing wrong with documents being sent twice, courts get that all the time.

[What Next]

I rejigged it into a pdf and attached it with a confirmation letter from the estate agent of the duration of the tenancy, plus CAG’s statute barred pdf too. It didn’t save exactly as I wanted from Word to pdf, but nearly. 
 

I sent to claimant too.

 

Thank you all for your input, fingers crossed that will be the end of it.

[What Next]

Wish me luck folks, court has not been cancelled, I’m here now waiting to go in, the  sheet on the board says it’s listed for 2 hours!!! Clearly they do not believe the statute barred info? or is that normal?

[dx100uk]

quite normal

stick by your defence and WS. and its wording

 

 

[What Next]

Apparently the judge didn’t get my email!!!! Now the other side saying they didn’t get it either, usher getting copies, still waiting to be called.

[dx100uk]

immaterial really doesn't change the fact the debt is STATUTE BARRED.

 

stick by your recent findings. 

 

 

[What Next]

UPDATE 10 min recess for judge to consider claimants bundle in more detail,

 

she says it’s 6 yrs from my “obligation” to pay, not my last successful payment? Which they say was an 18 mth contract, when I only rented for 12, so would not have taken 18mths?
 

she’s almost bending over backwards to allow claimant maximum success? I may be mistaken?

 

having spent hours on live chat with talk talk they say they have no records, calls etc, only keep 12-15 months, so I have no proof that I cancelled, so it’s just my word?

 

Got to be honest, I’m shaking in my boots & feel sick, the stress is horrendous!

Edited September 13, 2022 by What Next

[dx100uk]

I moved from the said property in July 2014 (please see letter of confirmation from estate agent). I did not need to inform the company that I had moved because I had already cancelled the contract for TalkTalk’s breach of contract in failing to provide the contracted service.

 

Unbeknown to me the original creditor continued to draw against a direct debit and I failed to notice for some 2yrs for a broadband/Digital tv/Landline service that we could not use and already believed cancelled.

 

icontacted Talk Talk who refused to help me, thus i contacted my bank and invoked my rights under the DD guarantee to reclaim the rouge payments. Talk Talk again setup a DD without permission and again took a further payment in Oct 2016, which again i had to invoke my DD Guarantee over.

 

Talk Talk created a new account debt and started to pursue me for that new erroneous debt, which is the date that the claimant is using to try to make its case within the time frame.

My last payment for a service provided by Talk Talk at my old address was July 2014 as far as I am aware, (both the claimant and Talk Talk have refused to supply a SAR providing me with these details) therefore based on this the debt is statute barred.

.....................

 

the original contract was in 2014 , you had already moved out by the time of the NEW erroneous contract in 2016 set up by TT had you not? so judge is getting confused??

 

even an 18mts contract in 2014 would still be SB'd now 

 

reversed DD payments do not count as payments from YOU anyway

[What Next]

Phew!

After nearly passing out with the stress, she’s dismissed the case on lack of burden of proof from the claimant as bill supplied does not give term or details, but statement says didn’t provided broadband, tv etc, which it did supply.

 

Also, in one place it says 18 mths, another it says minimum 12 months, so can’t establish what it’s for or for how long?

 

Statute barring not considered as burden of proof not met.

 

thank you so much one and all, thank goodness for their ineptitude!

 

Rushing home now to epi dog

 

 

Edited September 13, 2022 by dx100uk
formatting

[dx100uk]

won.

 

now you ignore everyone

 

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dx

 

[FTMDave]

Well done on your victory!