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

[surrey_36]

ok thanks DX

Do I just ignore this letter in that case?  I don't need to do anything with the courts?

It says in this letter dated 2/10/23 that they have placed the account on hold (for 17 days) and that if they have not heard from me by 19/10/23 then judgement by default may be entered against me and that the CCJ will be on file for 6 years.

My mortgage comes to the end of its term in about 6 years and so I don't want to risk have this on file as this could potentially mess up my chance of getting a remortgage (hoping for some sort of financial miracle between then and now to enable me to do this!) but for now i have to try and keep things as clean as possible so that the credit rating is cleared up by then.

Has this got the potential to mess that up? Should i go for the repayment plan?

Edited November 12, 2023 by surrey_36

[dx100uk]

as you filed you defence on the 29th sept the claim should now be well autostayed.

did you ever manage to get MCOL working on this claim?

did you get ack of defence filing from the court by email or letter?

 

[surrey_36]

Oh my did i still need to complete the MCOL? No I didn't

I only received an automated response from the court after sending the email:

 

Thank you for your email which has been received by the County Court Money Claims Centre (CCMCC). This email is automatically generated; please don’t reply to this message.

 

Please retain this email as receipt that your email has been received.

 

Please refrain from submitting unnecessary duplicate documents by only using one method of either email, post or fax.

[dx100uk]

thats ok.

might be useful if you could get MCOL working so you can see the status/claim history..not important

[surrey_36]

Just received a letter from Moriartry Law saying

"Following your failure to respond to the county court claim issued in the Northampton county court, a judgement by default has now been entered against you"

- also had a letter through from the court saying 'you have failed to reply to the claim form "Judgement for Claimant"

I sent the email and got an autoresponse -  I guess they are claiming not to have received that!

 

[dx100uk]

ring the court.

but that will be monday now unless you are quick.

they close at 4pm

also go check mcol claim history

dx

 

[surrey_36]

Hi Dx -

I've tried calling the court, first time cut of after 21 mins on hold and second time cut off today after 30 mins.  These people are so hard to get hold of - if only I was able to log in to MCOL in the first place!

I've had this from Moriarty law today:

PRE ENFORCEMENT NOTIFICATION

Our client has instructed us to write to you in relation to the judgment they have obtained against you.

The court has ruled in our client’s favour and made an order for you to repay the above amount by instalments. You are now in breach of the Court Order.

Our client is now entitled to apply to the court to commence enforcement proceedings against you.

Please note that if this is necessary, further costs will be added to the amount you owe and it will be passed back to the Courts to continue with enforcement proceedings to recover the amount now overdue.

Enforcement action we will consider issuing against you if the matter remains unresolved will be:

1.A Warrant of Control, which authorises Enforcement Officers to attend your home or business address to collect payment or goods

2.An Attachment of Earnings Order, which is sent to your employer and authorises funds to be deducted directly from your wages It is still not too late to respond.

[dx100uk]

if the judge agrees and if they actually do return to court to ASK him...

i can instruct my dog to sit if it does....

you really need to get onto the court, as if its their mistake, all will be undone FOC to you.

dx

 

[surrey_36]

Hi dx

I tried calling the court several times at beginning January and got cut off after long wait times.  

Not sure what’s going on there but they are impossible to get in touch with.   I have emailed too.

On January 23rd I sent by RM special delivery a copy of my original email, a copy of their auto response ) which proves it was sent) , a copy of my email chasing, a screen shot of my phone calls inc wait times and dates and included correspondence from morairty law.  

I advised moriartry law the situation and they put a hold on the account.  

had an email from them this week saying hold is due to come off they'd have heard nothing from the court! 

[surrey_36]

Moriartry law chasing me and no reply from court.  Does anyone ever take the court to court I wonder? 

[surrey_36]

Is anyone able to advise me on this.  

Can’t get hold of the court even by special delivery no response to emails and phone calls have dropped after long wait times.  

Now have default on my account and I know this sound petty but Klarna and Clearpay were a lifeline for me allowing to pay for things like school shoes etc over time and because of this default I can’t do this.  

More importantly when my mortgage comes to end of term in about 5 years I’ll never get another mortgage.  

I really wish I’d just paid it off  

 

[AndyOrch]

I would submit an N244 for a set a side that will get their attention.

[surrey_36]

Thanks andyorch

im not sure where to start with completing it though.  
 

Am I the claimant and the court the defendant? 

what order am I making ?

Help! I’m stuck! 

[AndyOrch]

You are the defendant 

[surrey_36]

I contacted the court again and had this response: 

Thank you for your email.

I  have looked at the case management system and judgement was entered on the 21/11/23 and so the defence was received out of time.

Please contact the claimant solicitors at

 

MORIARTY LAW (7367)

COBB HOUSE

2-4 OYSTER LANE

BYFLEET

SURREY KT14 7DU 

for assistance in progressing your claim. 

Should you require any further assistance please do not hesitate to contact us.

Kind Regards,

 

 

 

[AndyOrch]

Did you submit an N244 to set a side ?

[surrey_36]

I didn’t because I got the email response giving me an alternate email address to contact

[AndyOrch]

Nothing is going to change until you make the application....why do you need an email address ?

[surrey_36]

Ok thanks Andy 

so it’s not to late the submit this N244 form? 

[dx100uk]

no it was a court error you sent your defence by email in time they even acked they got the email.

i will say not only here but across the internet there are SOO many people that have said that important document emailed to CCBC have gone poof!

 

On 14/11/2023 at 20:50, surrey_36 said:

Oh my did i still need to complete the MCOL? No I didn't

I only received an automated response from the court after sending the email:

 

Thank you for your email which has been received by the County Court Money Claims Centre (CCMCC). This email is automatically generated; please don’t reply to this message.

 

Please retain this email as receipt that your email has been received.

 

Please refrain from submitting unnecessary duplicate documents by only using one method of either email, post or fax.

 

[surrey_36]

The defence was a week late.

 I tried multiple times to get it done online and every single time it failed.  

I tried calling them multiple times to let them know and could not get through

- I filed by email in the end following advice on here but it was over a week late

I have ADHD so this stuff is very difficult for me to get together  

[dx100uk]

i seriously doubt, knowing that northants bulk were already know to be running at least 2mts behind during that period, that the claim would have been awarded by default by the time you filed defence only 1 week 'late' , we've seen cases months past filing date allow defence filing over the last years almost now.

somethings not right here.

N244 is upto a £275 gamble to get to the bottom of what ACTUALLY happened and to prove this was or was not a court error in not processing your defence email.

On 11/04/2024 at 13:56, surrey_36 said:

I contacted the court again and had this response: 

Thank you for your email.

I  have looked at the case management system and judgement was entered on the 21/11/23 and so the defence was received out of time.

that's an assumption upon their behalf, not that they had searched their whole email system and found your defence, but decided as it was a week late they thus rejected it. they would write and tell you so if they had. 

the word SO is the important bit...