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

[What Next]

Hi, me again, sorry to be a pain, but I just looked on my credit file & the TalkTalk debt is listed as satisfied?
 

Also, it has the wrong date for account closure, which makes it stay on my file until Sept 2022? 
 

1) Does the fact that it says satisfied mean the court case is invalid?

 

2) Can I get it removed from my file as it is already statute barred?
 

 

 

CRA report.pdf

[dx100uk]

no

no

 

what happened on the court claim?

 

dx

 

[What Next]

Court not till later date.

 

I was viewing my credit file to see if it was on there given that it was SB & I wanted to see if it was, was it in the name of TalkTalk or Lowell.

[dx100uk]

just means TT sold the debt and zero'd the account as OC's do when they sell it on.

only you and the debt owner can see that detail anyway and its 6yrs from the last entry (closed) not SB date. 

a credit file wont state anything about it being already SB'd. it just would not show.

 

when is your witness statement due?

 

[What Next]

As far as I can see it is due 14 days before the hearing, which is listed for September? 
 

Well I assume so as it says “all” documents?

[AndyOrch]

Scan redact and upload a copy of your Notice of Allocation then we can advise accordingly without guess work.

 

Andy

[What Next]

I uploaded above in no 71 I think?

[dx100uk]

6) Each party must deliver to the other party and to the court office copies of all documents on which that party
intends to rely at the hearing no later than fourteen days before the hearing.

[honeybee13]

Thread reopened.

 

HB

[AndyOrch]

Please redact any identifiable information before uploading. 

 

Andy

[What Next]

Does that include redacting solicitor details? I will do mine, but I’ll have to go away and research how to upload a file again! unless it just accepts pdfs? 

[dx100uk]

read our upload guide

you ONLY need to redact info of YOURS that THEY could use to ID YOU HERE.

 

ie name/address etc etc

any ref-A/C numbers.

rows of little numbers etc in margins.

 

one mass PDF ONLY please

 

 

[AndyOrch]

And theirs to a certain degree (claim number /court/Agreement no) otherwise its pointless redacting yours 

[What Next]

I have tried to attach the pdf, 

 

Claimant WS.pdf

[dx100uk]

thread tidied

 

claimants WS in OP's last post now

 

@andyorch.

 

dx

 

[AndyOrch]

Post #68 of the following topic should give you some guidance on how to draft your response. Have a go and post your draft here and I will take a look. Please do not leave it too late as I am away at the moment and have little time to spend on the forum.

 

 

 

Andy

[What Next]

Thank you. I could not get to this earlier as I had a counselling appt this am, but I’m compiling now, but I’ve read through this and worry that I do not have written confirmation of cancellation because I cancelled on the phone?

 

Also, I wonder if I should start with mentioning I believe it to be statute barred? 
 

 

[dx100uk]

On 11/10/2021 at 12:59, Andyorch said:

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

 

The time is now yes 

 

Dx

[What Next]

It is already allocated, I didn’t think it would proceed given the circs, my deadline is today for filing WS etc. 
 

im even more angry now as I’ve been on talk talk chat to see if I can get copies of my files etc as JCI not supplied it, they not only are blocking that saying account locked I have to contact JCI, but they say my account has been passed to the fraud Dept! How dare they!

[dx100uk]

we know its already allocated, that post was from last year advising you when the time came, to yes mention its statute barred..

 

 

as for TT...

std practice. stop contacting people that are nothing to do with the claim and getting wound up about a nothing burger.

 

talk talk sold the debt years ago.

washed their hands of it.

got paid by the debt buyers.

 

your deadline might be today.

but thats not our fault you vanished for 3mts.

 

dx

 

[What Next]

I vanished to take care of my brother who is dying of cancer & is double incontinent, even though he’s just had a colostomy op in the last 2 weeks! I’ve been cleaning up & washing & trying to get my brother to bath etc, sometimes 3 times a day due to leakages.

 

My house smells like a care home & looks like a Chinese laundry, whilst trying to look after my own physical & mental disabilities. After much battling with local authorities & mental health team, I’ve only just got him into a home where he can be catered for, but still I have to visit daily & coordinate all his care planning, palliative & end of life planning as his POA, whilst trying to not be upset of course.

 

This is in between my daughter having a large lump removed with Fallopian tube & ovary, with another misdiagnosed hernia lump they have lost in surgery so she has to have another op & a seriously sick dog with seizures I’m doing my best

 

I heard nothing from them so assumed they would drop it at the last min as they know it’s statute barred? 
 

im trying to find out the exact dates because the bank haven’t given me the info requested so I can adapt the statement to fit? 
 

apologies for not being on the ball, just priorities & limited capacity for doing much else, but please note I am most grateful for all your help

[dx100uk]

ok i cant say how i know about what its like about your 1st comments , lets just say i do.....

 

you dont have to prove the debt is statute barred, that's the claimants job to prove its not.

 

you also have a bit of leeway, you are what's called a Litigant In Person, joe bloggs against the system. however you are running that a bit close to any goodwill wind IMHO...

 

6) Each party must deliver to the other party and to the court office copies of all documents on which that party
intends to rely at the hearing no later than fourteen days before the hearing.

 

The hearing of the claim will take place at 2:00 PM on the 13 September 2022.

 

so was due 31st august.

 

dx

 

 

[What Next]

Oh bleep, I put a note in my diary to say it was today! I can’t even work that out properly

[dx100uk]

yea know the game and how it screws everything up.

 

im wondering if its worthy to ask to delay ....you have exceptional circumstances

or just put in a short WS that you now realise the debt is statute barred your last payment was xxx date (ignore the DD clawback etc those dont count)

 

p'haps @andyorch might pop in.

dx

 

[What Next]

Is it worth sending an affidavit to the court swearing what I have said is true as I have not been sent info from the bank or jci or talk talk to confirm what I am saying and request they strike it out as it’s statute barred? 
 

or does that make no difference?