Jump to content


JC/Moriarty claimform - Talk Talk Broadband debt_2


Sergy
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 138 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello,

I have received a JC/Moriarty claim form yesterday in relation to the Talk -Talk broadband debt.

 

There is a similar case in the “Legal Success” section of the forum. The only difference with my case is that I submitted via email an  “Early and penalty free broadband  service cancellation request” form. Indeed, they cancelled my contract but decided to apply cancellation fees.

 

Could you please advise me if I can literally “copy+paste” bullet points from the success section  or I have to amend it in accordance with my cancellation request? (How and what exactly?)

 

Or my previous correspondence with Talk Talk is absolutely irrelevant and I have to stick to the procedure described In the "Legal Success” section?

 

Thanks a lot in advance for your valuable advice !

 

Please see attached:

Claim form,  cancellation request as .pdf.

 

Similar Legal Success story: [URL= https://www.consumeractiongroup.co.uk/topic/406696-jcmoriarty-claimform-talk-talk-broadband-debtclaim-dismissed/][/URL]

 

attachment_1.pdf

Edited by dx100uk
added A few blank lines only..dx
Link to post
Share on other sites

Am watching this very closely - More so my background could help you with a defence if you have to go outside the standard stuff we suggest

 

Also send a DSAR to our friends @ TTB and specify that you want the Openreach Engineering Notes from your visits. 

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Of course I need your help and experience !

But...

What is the most effective and proven way to get rid of them? 


I feel a little bit confused with terminology.

DSAR = Data subject access request?

What is TTB?

Could you please advise me what I have to do now and how to amend drafted text from the success story link?

 

Are there any drafts available?


Do I have to submit a defence now (free text form, copied Success link, A4, signed ) to JC and County court by post?


you suggest that I have to act differently.

Is it most effective way? 

Could you please go deeper into details. 
I'm really sorry for my stupidity:)
 

Link to post
Share on other sites

Did you collect evidence of the fact that Talk Talk were not meeting your contractual speeds?

 

Out of interest did you contact Talk Talk at all to see if they would offer a solution/resolution for the slow speed, not that I believe this prejudices your rights to terminate the contract for what appears based on your description above to be an ongoing breach.

Edited by FruitSalad1010
Link to post
Share on other sites

Hi and Welcome to the forum.

 

If you would read the following link and then copy the Qs and your responses back here for further advice on how to proceed with the court claim.

 

Regards

Andy

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

Link to post
Share on other sites

yep we rarely lose against these two and bogus telecom debts made of monthly payments till end of a contract you couldn't use.

 

get the sticky above done please

and we'll get you moving properly..not by guess work.

 

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... 

Link to post
Share on other sites

Name of the Claimant ? JCI

 

sols - Moriarty Law Limited

 

Date of issue –  09 NOV 2021

 

Particulars of Claim

 

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

 

1.The claimants claim is for the balance due under an agreement with talk-talk limited dated 14/02/2018 which was assigned to the claimant on 20/12/2019 and notice of which was given to the defendant on the 20/12/2019 and which is now all due and payable. 

 

2.The defendant agreed to pay monthly instalments  under account number ............  but has failed to do so.

 

And the claimant claims the sum of £ 182.51. 

The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £ to 14.60.

 

What is the total value of the claim?  £ 282.11

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

Not sure, was not reading correspondence.
 

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? NO, claimant somehow managed to find my new address

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 

Balance due under an agreement 
 

When did you enter into the original agreement before or after April 2007 ? 14/02/2018
 

Do you recall how you entered into the agreement...On line /In branch/By post ? On line
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No
 

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. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure - was not paying attention to correspondence with claimant.
 

Did you receive a Default Notice from the original creditor?  Not sure - was not paying attention to correspondence with claimant.

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure, most probably not.
 

Why did you cease payments? Talk Talk terminated my contract based on my letter 
 

What was the date of your last payment? July 2018
 

Was there a dispute with the original creditor that remains unresolved? Yes/There was a dispute about inadequate guaranteed  download and upload speed which remained unsolved. Please see details attached in the first post. 
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Negative

 

//// will send CCA Request on Mon 15 Nov with special delivery to claimant.

Link to post
Share on other sites

name of claimant should be JCI? should it not?

 

you cant CCA a telecom debt

 

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... 

Link to post
Share on other sites

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
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...


Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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


 

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... 

Link to post
Share on other sites

ok 

use our enhanced google search box for say

claimform JCI

claimform telecom

 

100's of like telecom/mobile claimform threads here

the way you defend is the same for both.

 

have a good read thru a few 10's and you'll get yourself upto speed. then.

 

defence not due till day 33 but no harm in preparing 

 

post up your defence idea in plenty of time as we'll fine tune.

just to be clear...you do not await the return of ANY paperwork. you must not miss 10th dec 4pm deadline 

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... 

Link to post
Share on other sites

pOC

 

1.The claimants claim is for the balance due under an agreement with talk-talk limited dated 14/02/2018 which was assigned to the claimant on 20/12/2019 and notice of which was given to the defendant on the 20/12/2019 and which is now all due and payable. 

 

2.The defendant agreed to pay monthly instalments  under account number ............  but has failed to do so.

 

And the claimant claims the sum of £ 182.51. 

The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £ to 14.60.


Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

3.Paragraph 1 is noted. The amount claimed by the claimant was and still is disputed with the original supplier TalkTalk. The supplier was unable to satisfy it terms of the contract and unable to provide the service it charged for and was therefore in breach of its own agreement. Hence I decided to terminate their services using the suppliers own process to avoid cancellation fees.

 

Notwithstanding the above I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 15.11.2021 and which the claimant received it on the 16.11.2017.The claimant has failed to respond.

 

4..The Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) Show and evidence the nature of any breach; and

(c) Show how the Defendant has reached the amount claimed for; and

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5..Notwithstanding the above as the alleged amount claimed will most probably consist entirely of a early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

6. . As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7.. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

.
 

  • Thanks 1
Link to post
Share on other sites

not due till 4pm 10th dec.

 

i've inserted their poc for reference 

 

 

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... 

Link to post
Share on other sites

i'd let it get checked first by @Andyorch

 

looks ok to me.

 

but i was wondering if making use of the poor service in your defence might also be useful?

 

 

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... 

Link to post
Share on other sites

Defence amended please check for accuracy.

 

Andy

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

Link to post
Share on other sites

Not due for a while yet so file o n the 9th

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... 

Link to post
Share on other sites

  • 3 weeks later...

Well done

 

Now have a read up. On jci claimform threads here. So you know whats to come as the claim progresses thru its stages and what to do, but of course always check here 1st

 

Use our enhanced google search box

 

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... 

Link to post
Share on other sites

  • 2 weeks later...

not been reading up here on like cases then? as i advised above

 

3 copies 

1 wit you 

rest is obv...

 

 

 

dont send moriarty your sig/phone/email on their copy

 

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... 

Link to post
Share on other sites

  • 1 month later...

Hello all,

I have received the  telephone mediation appointment letter from the County Court

 

Point 1 of the mediation requirements states:

 

" I am willing to negotiate on the amount of the claim and I will consider a compromise". 

 

The only compromise for me is to drop the case. 

 

May I ask you please to give me some more information / advice on what to do during mediation appointment?

 

Thanks

Edited by dx100uk
added A few blank lines only..dx
Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...