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

[Sergy]

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]

 

 

 

complaint.pdf

[Sergy]

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:)
 

[Sergy]

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.

[Sergy]

This is affirmative. JCI ! Details of the creditor  have been corrected and no CCA on mon 15th !

[Sergy]

Thanks a lot for detailed instructions.

All done.  Awaiting for further instructions to file a defence. I suppose that could be done on the MCOL website as well?

[Sergy]

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.

 

 

.
 

[Sergy]

I will submit Defence via MCOL website on 9th of Dec.

Thanks

[Sergy]

Dear Dx,

Could you please amend Defence by inserting poor service section?

[Sergy]

It will be my pleasure to file defence on 9th as advised by you guys! 

[Sergy]

Defence submitted via MCOL, an email confirmation received. 

Edited December 9, 2021 by Sergy

[Sergy]

Hello,

I have received the "Notice of proposed allocation to the small claims Track" N180 form from the county court.   Please advise me on the steps to follow. May I reply online ?

Thanks in advance,

 

Merry Christmas and Best Wishes for a Happy New Year !

[Sergy]

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 February 17, 2022 by dx100uk
added A few blank lines only..dx

[Sergy]

dx100uk, I read several threads which are similar to mine. There were not so much info on mediation strategy and step by step instructions. 

 

Andyorch,  The Alternative dispute resolution thread says in the last two paragraphs:

 

" You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms ........Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge...........". 

 

Of course I will repeat the  particulars of the claim without deviating to anywhere else as mentioned in the link. 

 

But what exactly I may propose/offer during negotiation process? 50p?   

I just want the case to be dropped without paying any single penny to them. 

[Sergy]

JC Moritary did not sent back any paperwork requested  in the defence .  So what exactly I have to negotiate? Most probably nothing, except reading back what was already mentioned in the defence.   Please advice me if any special tactic/strategy must be applied.  May I ask for a link  with a simple mediation script in relation to my case ?

 

 

[Sergy]

dx100uk,  earlier In the thread you kindly provided  a link in relation to mediation:

 

As instructed, I ticked "Yes" to mediation in the N180 form:)  

NOW, should I contact county court via given email and inform them that mediation is not suitable for my case? are there any penalties/consequences for me further on?

[Sergy]

Considering all  mentioned above and to avoid misunderstanding:

At the moment  I  have nothing else to do but  reply via email, as instructed in " Your appointment details " form,  "Important mediation requirements" section,  which is the paper version received via post.

Please refer to the attached screenshot.

 

Scan2022-02-17_152411.pdf

[Sergy]

Ok got it now, Thank you!

[Sergy]

Finally, I received the Notice of allocation to the Small Claims Track (Hearing). 

 

1. May I ask you to  advise me on how to proceed with required paperwork, including witness statement ? 

2.  What is the best way to act, if I wont be able to attend the hearing on the date due to situations beyond my control?

Sergy

[Sergy]

Please see attached Notice of Allocation to the Small Claims track (

3 pages_merged.pdf

[Sergy]

Please see attached  below in proper format

Notice_to-alloc.pdf

[Sergy]

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?

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? 

3. Send witness statement via post  by the 29th of august to the court only

 

Sergy

[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

 

 

[Sergy]

Dear Andyorch/DX,

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

--------------------------------------------------------------------------------------------------------------------------------

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

---------------------------------------------------------------------------------------------------------------------------------

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

------------------------------------------------------------------------------------------------------------------------

[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.

[Sergy]

Dx, 

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

Thnaks.