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


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:yo:

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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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.

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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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

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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.

 

 

 

.

  • Like 1

We could do with some help from you.

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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?

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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.

 

 

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 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? 

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safe to ignore.

 

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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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.

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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

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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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?

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 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.

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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.

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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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.

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  • 3 weeks later...

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.

Untitled 17.pdf

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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

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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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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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