JCI/Moriarty PAPLOC now claimform - disputed old Talk talk landline/broadband debt

[surrey_36]

I should have just paid this and be done with it years ago but talk talk kept disconnecting my internet and phone when payment was late and so I decided to get rid of them.  

They gave me a cut off date and disconnected me several days before the quoted date leaving me with no backup plan in place to work from home.   

I have been arguing this point with them for years and lowell have been chasing me.  

Last communication was from me to talk talk and Lowell stating that I would pay the amount £100 if they would agree to remove the default they issued on my credit file.  

they did not respond to this email that I sent on 17/4/23 but rather sent a county court claim for £271.28.  
 

pretty miffed given I tried making offer which they ignored and didn’t respond 

[dx100uk]

please complete this:

dx

[surrey_36]

Hiya DX - thank you

Which Court have you received the claim from ? Civil National Business Centre

Name of the Claimant ?JCI

solicitors  Moriarty Law Limited
Cobb House
2-4 Oyster Lane
Byfleet KT14 7DU

How many defendant's  joint or self ? Just me

Date of issue – 17/8/23

Particulars of Claim

1. The claimants claim is for the balance due under an agreement with talk talk dated 3/5/18 which was assigned to the claimant on 03/09/20 and which is now all due payable. 

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

3.And the claimant claims the sum of £172.49. 

The Claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date of hereof at the rate of 8.00% per annum amounting to £13.79

What is the total value of the claim?£271.28

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) Yes and I replied to them and tried to negotiate
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Did you inform the claimant of your change of address? N/a

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

When did you enter into the original agreement before or after April 2007 ? After
 

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes - they defaulted the agreement when i was querying the debt.
 

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? Unsure
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Becuase they did not resolve my complaint
 

What was the date of your last payment? My bank statements dont go back that far 10+yeas ago
 

Was there a dispute with the original creditor that remains unresolved? Yes
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I communicated my financial and personal problems but did not enter into a management plan for the debt as I felt they had been unfair and was looking for a fair resolution for example cutting the debt by 50% because they cut off the service before the quoted date,
 

 

[dx100uk]

claimant is not moriarty...

dx

 

[surrey_36]

Sorry its

JC International Acquisition LCC
16 McLeland Road, St Cloud, Minnesota, USA, 56303

[dx100uk]

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]
 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

 type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
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]

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

so the mention of lowells in your 1st post is wrong too this was JCI?

dx

 

[whitelist]

Received a recent email letter from JC International Acquisition LCC myself.

Can I ask how old this Talk Talk debt is and when did Lowels/moriarty on behalf of JC International Acquisition first contact you? Expecting the same soon myself?

[dx100uk]

lowells i suspect is nothing to do with this at all a typo.

theres no relation between them and JCi/moriarty .

 

[surrey_36]

Sorry this was my mistake it was never Lowells - its JCI then now Moriarty Law.

Have filed response online and done ass you said DX.  Letter in post (recorded) for CRP 31.14

Thank you for help will keep thread updated when response comes in

Thank you

[whitelist]

How long ago did JC International Acquisition first contact you?

How long was it before they issued the intention to issue a court claim?

[dx100uk]

theres no benchmark, they could leave it till near sb date to gain as much interest on their claim as they can, or they could issue it tomorrow ....as long as they've abided by the PAPLOC no-one can tell

dx

 

[dx100uk]

dont miss your defence filing date no matter what

dx

 

[surrey_36]

I have received a reply from Moriartry Law saying that they have requested all the information from JC and that they have ceased all collection activity,   they said it is up to me if i want to file a defence. 

I tried to log back into MCOL to do this but the system said the case number/password was invalid so had to send the paper version by post!

[dx100uk]

what defence did you file?

MCOL often has hissy fits at W/ends or holidays 

try monday

[surrey_36]

had = *have

I have not been able to login to be able to do it.. tried multiple times - evenings weekends and from work 

Now over 33 days - and so I'm guessing i'm in trouble

[surrey_36]

Im not sure where to start with the defence - does this sort of thing count?

I have emailed them 3 -4 times over the last few years offering payment/payment plan  - and trying to negotiate that with the removal of the default due to the family trauma that had happened around the time. 

They replied about the payment plan but ignored the request about the default and made no reference to anything else. 

When i queried about the default they did not reply. 

Same earlier this year before the legal action i offered to pay account off and asked if they would consider removing the default due to the trauma and no response at all

Would this be no good for a defence?

They did cut me off before the stated date that they would disconnect. 

At the time they were aware of my difficulty but kept cutting me off the moment the payment was late and would not reconnect until it was paid - I was unable to do any work from home work. 

In the end i cancelled the service because they were so difficult to deal with and they quoted me a disconnection date but then disconnected days before - leaving us with no landline, no mobile phone outgoing calls, no broadband no way to contact outside world and at the time i was in a position where i needed to have access to make emergency calls.. 

I explained this on multiple occasions.

[dx100uk]

sorry so you've not file a  defence yet?

that was due more than a WEEK AGO!!

 

 

[surrey_36]

No I haven't  I was trying to do it online and it would not accept my login details that were printed clear as anything on the letter but would not work!

[AndyOrch]

Email or post ?

[dx100uk]

1. The Defendant contends that the particulars of claim are vague and generic in nature. 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. I have, in the past, had a contractual relationship with Talk Talk, however I do not recall the exact details, nor do I recall any outstanding balance. I am unaware of what debt the claimant refers to and have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on (insert date and method)  to the claimants solicitors, whom have replied ceasing all collection activities until their client replies with documentation.

3. 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;

4.Notwithstanding the above should the alleged amount claimed include an 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.

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

6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

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.

 

file the above NOW by email too:

[email protected]

MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL, 
you can fax, email or post your response to the Court instead. 

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 

dx

[dx100uk]

thanks andy

dx

[surrey_36]

Thanks @dx100uk Thanks @Andyorch

DONE !

[dx100uk]

hehe thats will upset them

be prepared for another std snotty letter from them braggin about how you dont stand a chance.

see JCI claimform threads.

dx

 

[surrey_36]

Response received from Moriarty Law. 

It's tempting to accept the £224.71 full and final settlement but still would have the default on my file which is going to potentially getting in the way of me remortgaging when the mortgage reaches end of term in a few years

 

2023-10-02 Moriarty Begging letter.pdf

[dx100uk]

thats a std begging letter the claimants dogs always send in all jci claims. 

as i said in my last post, dont fall for their begging.

if there is a default registered on your file, that will vanish along with the whole account on the default notices 6th b'day regardless to whatever happens, the same on any defaulted debt.