JC/Moriarty claimform - Talk Talk Broadband debt***Claim Discontinued***

[AndyOrch]

12 hours ago, dx100uk said:

well i know im typically useless seeing when out on my phone sheep herding sometimes....

but i thought 5th sept was claimant fee payment date?

 

No my error DX ...so hearing date 19th Sept exchange not less than 21 days pre hearing so yes 30th Aug.

Good job Im not herding your sheep or you would be a few less 

[Sergy]

Dear DX,

 

So what is the deadline for us to wait to produce watertight WS ? They can send their evidence at the last moment, so we won't be able to react and  submit our (mine) WS on time. Dire situation. 

 

Sergy

 

 

[AndyOrch]

47 minutes ago, Sergy said:

Dear Site Team,

 

I would be most grateful if you could advise me on the following : 

 

1. As I mentioned earlier, I won't be able to attend the hearing due to unforeseen circumstances. So I need to  send a letter via post to the Deputy District Judge Rose, LS1 3BG. Is this correct? Are there any templates? Correct see below.

2. For the main body of the witness statement I need a template as well. May I paraphrase my defence or it must be something else? See below

3. Send witness statement via post  by the 29th of august to the court only No, court and claimants sol as explained in your Notice of allocation

 

Sergy

 

As your unable to attend the hearing you will submit a cover letter with your statement informing the court re none attendance and quoting CPR 27.9 and also serving notice on the claimants Sol.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

Your witness statement will mainly concentrate on the cancellation notice and penalty fee free issue (attach your exhibit from post #1)

Have a go at drafting your statement using other example telecom claim and I will fine tune it for you upload a copy here here asap as I have a lot going on this month.

 

Andy

 

[Sergy]

Dear Andyorch/DX,

Please see my cover letter and witness statement. Feel free to make corrections ! 

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Cover letter

Case number:  

 

My address                                                                                                                  Court address

 

 Dear Sir/Madam

 

My name is xxx listed for the County Court inn Leeds on September 19, 2022.  Unfortunately, I will not be able attend the hearing due to unplanned travel. Therefore, as per CPR 27.9, I’m giving written notice to court and claimant and kindly asking You to hear the case in my absence, taking into account my witness statement and other documents I have filled in the process. 

 

Please see attached: witness statement 

 

Faithfully yours,

 

XXX

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WS

 

I, XXX, being the Defendant in this case state as follows;

 

I make this Witness Statement in support of my defence dated 8th December 2021 and in response to the claimant’s claim dated 9th November 2021 which was submitted through the County Court Business Centre.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Talk Talk Ltd. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

 

I formally requested via CPR 31.14 on the 15th November 2021:

 

A copy of the original agreement;

A statement of account;

A copy of the terms and conditions as applicable at the time of the agreement;

A copy of any Default Notice/ termination notice;

A copy of any notice of assignment showing the claimant’s legal right to take action

 

Having made a claim, the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

4. Disclosures

 

The claimant has supplied some documentation but has failed to comply fully with my formal requests.

The claimant has failed to provide:

 

A copy of the original agreement

A statement of the account showing completely and exactly how the amount claimed for has been reached

A copy of a default notice/termination notice

A copy of a legal notice of assignment showing the claimant’s legal right to take action.

 

I received rough copy of the bill summary (no originals) and not on the usual Talk Talk letter headed paper:

 

11th September 2018 - £182.51 with a 'previous balance' of £170.01 which is not shown how this is accumulated.

 

 The bill summary does not state that this is the “Final Bill” or that the account has been closed.

 

Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of 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.

 

5. Conclusion

 

The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgement.

 

 

Statement of Truth

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[AndyOrch]

Cover letter is okay but normal to add the headers In the County Court xxxxx Claimant V Defendant. Then there is no requirement for " My name etc etc "

 

Witness statement ...no mention of your cancellation and reason and exhibit proof of notification ?

 

 

.

[Sergy]

X. Cancelation and proof of notification :

 

On 29th June 2018 I submitted  “Early and penalty Free Broadband service cancellation request as a pdf file “ breach_of_contract1pdf  “ to Talk Talk Group via email address [email protected].

 

The request was processed  and my contract was terminated without any notification , whether it was satisfied or not, but unfair cancellation fees were imposed later by debt collector companies. 

 

Please see the screenshot attached with  cancellation request, including date and time stamp from google mail to the above mentioned email address on 1 page, and “Early and penalty Free Broadband service cancellation request “ on 2 pages.

[dx100uk]

no the dca will not have added unfair cancellation fees etc...

the Notice of assignment will be the debt value TT sold to them.

monthly contractual charges until end of contract term 

[AndyOrch]

I will tidy it up later.

[dx100uk]

Also do you need to remove all ref to the consumer credit act? 

 

Dx

[Sergy]

Dx, 

I will remove the following " ...Consumer rights act 2015 and Ofcom Strengthened the voluntary code of practice 2015...."

Thnaks.

[dx100uk]

Didnt say that.....

let andyorch deal.

 

due date 30th aug.

 

Dx

[AndyOrch]

1 hour ago, Sergy said:

X. Cancelation and proof of notification :

 

On 29th June 2018 I submitted  “Early and penalty Free Broadband service cancellation request as a pdf file “ breach_of_contract1pdf  “ to Talk Talk Group via email address [email protected].

 

The request was processed  and my contract was terminated without any notification , whether it was satisfied or not, but unfair cancellation fees were imposed later by debt collector companies. 

 

Please see the screenshot attached with  cancellation request, including date and time stamp from google mail to the above mentioned email address on 1 page, and “Early and penalty Free Broadband service cancellation request “ on 2 pages.

 

And if you can provide a little more detail why you feel you had to cancel their service....inadequate speeds/ bad customer services/they were in breach of their T&Cs ?

[dx100uk]

theres quite a bit of detail in the PDF from post 1

 

 

complaint.pdf

[AndyOrch]

Then the OP needs to incorporate that detail into the statement and be made  the main part in supporting the defence. You cant be penalised with an ETC for leaving a contract if the company are unable to perform their part of the contract and you have given written notice.

 

Moriarty will have no knowledge or be able to counter ......its just a debt they bought for peanuts and are uaware of the dispute.

 

 

.

 

 

.

[Sergy]

Andyorch,

Please see above the additional section of my witness statement, named "cancellation and proof of notification".   Could you please amend my witness statement and incorporate section "X"? 

Sergy

[AndyOrch]

Requires a complete rewrite...Ill pop you a draft up later or this evening.

[AndyOrch]

In the County Court at XXXXXXXXX.pdf

[Sergy]

Andyorch,

Thanks a lot for producing  a perfectly  made  draft.  I will send it to  the court together with a cover letter and only notice of my absence to the defendant. Is this correct? 

Sergy

[AndyOrch]

Copies of the statement and exhibits and notice of none attendance go to both  court and claimant's sol.

[Sergy]

I'm going to send documents to both parties next week.  

[AndyOrch]

The court is not a party....your court directions informs you that you must file and serve all documents by x date. (file means to submit it to court ...serve means to serve copies on the claimant) 

 

If either party (Claimant/Defendant) fail to comply with the directions by date stated they risk their claim/defence being struck out.

 

 

.

[Sergy]

Thank you for clarification !

 

[Sergy]

Copies of the statement and exhibits and notice of non attendance sent to both  court and claimant's sol.  So now we have to wait for a verdict to arrive on the 19th.

[Sergy]

See attached a letter received from the claimant rep. I’m waiting now for the letter from the court.

mor_law.pdf

[dx100uk]

If thats true youve won.

 

the court wont write

so ring the court tuesday... and. Check morlaw did file that with the court.

 

Should be processed by now as its dated the 19th.