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

[dx100uk]

please complete this:

dx

[dx100uk]

claimant is not moriarty...

dx

 

[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

 

[dx100uk]

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

theres no relation between them and JCi/moriarty .

 

[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

 

[dx100uk]

what defence did you file?

MCOL often has hissy fits at W/ends or holidays 

try monday

[dx100uk]

sorry so you've not file a  defence yet?

that was due more than a WEEK AGO!!

 

 

[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

[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

 

[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.

[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?

 

[dx100uk]

thats ok.

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

[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

 

[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

 

[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.

 

[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...