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


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Posted (edited)

Hi All,

I'm a newbie,

but having completely bamboozled myself reading everything,

my query does not fit in to the standard criteria.

 

I was refunded by the bank's DD recall for an account that I had not noticed was still being taken by TalkTalk for Broadband/TV/Telephone via DD 2 years after it had been cancelled and I had moved house.

 

My contract was just over a year, approx up to July 2014 and they were still billing me in Sept/Oct 2016, It was approx £1200, not problem, until I was being rebilled for the same amount as a fresh debt. I tried to reason with them at the time and explain, to no avail, but then heard nothing more.

 

I was given some mail from a previous, previous address and by chance I found a court summons that was already past the defence filing date. Clearly they were going for a backdoor default judgment as they sent to an address I had lived in previously, but is now an HMO with multiple occupants.

 

I rang the court and they advised that the client had not called for the default judgment to be entered yet and if I submit my defence immediately I may just get in before they do. I did, but now I have to find the evidence to back up my defence. I have agreed to mediation rather than the stress of going to court. I am awaiting a response.

 

I am so peeved, because I cancelled my contract prior to moving out as the service was rubbish, a telegraph pole and line were faulty and needed replacing, which was not done prior to me moving out, Their customer service was the worst, if you could get through at all after waiting 2 hours on hold and being cut off and not only did they get paid for all that, they expected over 2 years extra, really I should be refunded for the term I was there, they even charged to redirect my incoming telephone calls due to their faults!

 

My query is this, are they allowed to rehash a bill and send you out a new account as if it is completely new and start pursuing again monies I was rightfully refunded? If this was the original debt surely it would be statute barred

 

Any thoughts gratefully received? Thank you in advance.

 

WN

Edited by dx100uk
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this will be a dca not TT as they've sold the debt

 

please complete this:

 

and post up the defence you filed.

 

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to JCI/BW Claimform - old TALKTALK Debt

Name of the Claimant ? JC International Aquisitions LLC

 

Date of issue – 19/07/21.

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

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.

 

What is the total value of the claim? £1294.72
 

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? 
yes

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? telecom
 

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 ? possibly online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? It had been previously under TalkTalk I believe, but was removed after the time was up. I havent checked lately.
 

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
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no
 

Did you receive a Default Notice from the original creditor? no
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no
 

Why did you cease payments? when I moved house July 2014
 

What was the date of your last payment? Oct 2016 (Payments were reversed by DD GUarantee claim)
 

Was there a dispute with the original creditor that remains unresolved? yes, they just went quiet, I assumed they had investigated and ended pursuit as it wasn't right to do so given the circumstances
 

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

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My defence via email (there was a preamble about disabilities etc):

 

Firstly, apologies for the late response, I only just received this summons yesterday, which was sent to an address where I do not live, I am not sure why it was sent there? I have not received any prior correspondence from JC International, I have never heard of them, nor BW Legal. Sadly this has left me out of time for my acknowledgment. I have tried to go online and do the filing, but it was all too confusing for me.

 

However, I do defend this case in total as it is the subject of a properly authorised bank recall of monies taken from my account via direct debit, for an account that not only had I closed due to faulty equipment that could not supply the service required from the outset of the facility, ie, faulty telegraph wiring and a damaged pole they promised would be replaced, which was not replaced,

 

but I had made many, many complaints on the phone via mobile, at my expense, because the phone line was down, along with the broadband and tv; incoming calls were being redirected to my mobile and I was being charged for that privilege, even though it was their fault.

 

The customer service was appalling, staff were rude and I would be on hold for hours before anybody answered, or I was cut off. They did nothing to help.

 

The monies are not even for the period of time for which I complained and cancelled my account, 2013/14 (which I deserve to have refunded) the total sum is for monies taken erroneously after I had moved out of the property in approximately April/May 2014.

 

I provided details to the bank to prove this and they recalled the monies legally. These monies have been re-billed as if it is a new debt, despite me trying to sort it out with talktalk; and now they have taken it to court. I’m flabbergasted this is allowed to happen?

 

I am not in a position to provide evidence at this stage because I am awaiting assistance with my recent paperwork, let alone paperwork that is 7 years old? When the help arrives I will ask for assistance with this also.

 

I would like to reserve the option to counterclaim if I need assistance from a solicitor to sort this out.

 

I trust this is sufficient information for a defence at present and I look forward to hearing from you urgently to know if I have done this correctly.

 

this was followed by:

 

Further to my email below, I have established that the recalled monies were for the period after I had moved out of the property from July 2014 to July 2016. Having processed that they still took a further payment for October 2016 and I had to have that refunded too.
 
I have requested confirmation from the bank and when I have received this I will be able to forward it to you.
 
Is this a loop hole to circumvent the statute barred constructed debt, which should never have been billed in the first place, let alone the second?

 

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so you didnt get the oct 16 payment reversed?

 

when did you file that defence please?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The bank refunded up to Sept 2016 on the first application and then did a second for Oct 2016 as they had continued to take payment.

Defence filed on 03/09/21 I have requested service by email.

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then the debt was statute barred..

 

why did you file all that twaddle?

you dont need a solicitor either.

 

have you registered on mcol website

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

Thats good news, I assumed they had rebilled as new to start the clock running again and were getting away with it?

 

I was hoping the court would decide it was statute barred and prevent it continuing? I didn't know if I'd need a solicitor as I wondered if I'd get tied up in technicalities I knew nothing about?

 

I couldn't get my head around the MCOL process, I tried, hence why I emailed my defence. My brain is not functioning well due to various disabilities, coupled with the long covid exhaustion and brain fog.

Edited by dx100uk
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I don't know, I have boxes of paperwork all over the place, but nothing filed, I don't even remember if I had any letters from them or whether it was managed online? 

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just type no need to hit quote

 

so you have received and sent back your N180 wanting to mediate

did you list your local court too?

 

can you try MCOL please (just to see if you can log-in and view the status of the claim)

but get the CPR running

 

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 on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 ..

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
Do Not sign anything
.

 

readme

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I’ve managed to sign in, my brain doesn’t do numbers, functions or memory very well and all the back & forth with numbers & login details 🤯

 

It confirms claim, defence & DQ sent, doesn’t say they’ve received N180 I returned? 
 

I've read the thread & some others, it’s just shocking what they get away with. 
 

I will adapt the template letter requesting info. 
 

thank you all thus far

 

I did sign the defence to the court via email, was that ok?

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yes it says defence received

 

now im toying with the idea of sending bw a letter stating i have now discovered the debt is statute barred do you wish to drop the claim to save your costs?

 

see what @Andyorch thinks when he pops in later i expect...

 

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • dx100uk changed the title to JCI/BW Claimform - old TALKTALK Debt - filed wrong defence? - now think it's statue barred?

cant hurt to do - that should have been done the day you got the claim.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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posted to bw i hope not by email?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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By email to a specific person whose email was quoted in their N180 letter, plus copied in the court so they can add to the file? Or was that not okay?

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opps no

you must NEVER give the fleecers nor their dogs an email address.

 

they'll use that to file fake paperwork 1 min before a court deadline removing your chance to counter.

 

send one more email

stating that this email is NOTto be used to file any court related paperwork from now on and any emails sent will be deleted unread and bounced back

 

you neen to get resading as many jci claimform threads in this forum as you can get upto speed.

 

use our enhanced google search box on this page.

 

as for emails generally you sould never ever use emails about debt issues with anyone, esp a powerless DCA or their dogs 

 

a dca is not a bailiff and never can be

they have ZERO legal powers on any debt no matter what its type

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

Oh dear, I gave my email address for service of all court related papers and requested that they do not send any more mail to my previous address as there is no guarantee I will get them, or they will arrive late, missing important deadlines.

 

I did not want to give my present address as I am moving soon and didn’t want to be in the same position again with missed mail.

 

I thought at least I would receive everything if it were by email? 

Edited by dx100uk
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when ae you moving?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not sure exactly, waiting for exact date for builder’s start date. 

 

Not only that, I have a mountain of paperwork piling up I’m waiting to get assistance with, at least on email it will not get lost in the mountain! 🙄

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thats gonna be months away, the case will most probably be over by then.

 

send the email, you should be using royal mail postal letters only so you have a papertrail

 

now this 'pile of paperwork' we can easy help with that too , dont be tempted to use these free debt charity people, if these are due to debts, as they give wrong advice...i will guess the piles is mostly debt related?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

you sent me a long rambling pm.

i'll say the same to you here in public as i say to others.

 

you are more than capable with our help of dealing with all this

please stop using mental health issues as an excuse not to do anything.

 

get on with it.

 

in your pm which i will also point out that we do not give advice by pm as thats unfair to others as it helps only you.......how would you like it to read threads here with no resolutions....get it.

 

you mention council tax

there are things called priority debts, these are debts that CAN effect the roof over your head, you must deal with them 1st and at the expense of ALL your other consumer credit debt ..forget those.

so rent/mortgage/ctax/gas/electric are priority debts  get them sorted asap.

 

also drop things like virgin or sky tv, mobile phones etc to minimum to free up money.

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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For the record, I am not expecting, nor did I request for advice via pm, I sent the pm as a "private" explanation and to thank you for your help thus far. I am not using mental health issues as an excuse, I just didn't wish to sound ungrateful or put a public explanation. I have left sided brain damage brain that affects many function, eg, concentration, anything maths related and memory, (sometimes I cannot even add 2 plus 2) which in addition to PTSD causes short circuits and my brain just doesn't work.

 

The more stressed I become the worse it is. The more pain I am in the worse it is. The more emotional trauma I suffer, which watching my brother slowly dying of cancer as he refuses treatment blah blah blah waffle ramble, as I said not wishing to explain publicly,

 

is all taking its toll and altogether, coupled with the brain fog and sheer exhaustion of long covid (which I can only liken to the examples I've read of chronic fatigue syndrome) makes normal life and "just getting on with it" an impossibility, I wish! Therefore, I tackle one task at a time. I am not fit enough to work and do my best dealing with what I can in fits and starts, and very quickly, stops for a lie down..

 

Thank you for the info re council tax I have been in contact and requested some extra time to resolve, I realise how serious that one is.

 

🙏

Edited by dx100uk
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