JC International/moriaty Law claimform - old Talk Talk debt

[ac303]

Hello,

 

I've received a claim form about an alleged outstanding debt with TalkTalk from 2011. I

 

 

've been online and acknowledged receipt saying I intend to defend the claim as I have never received any correspondence about it nor is there anything on my credit file that includes and account.

 

I was in the process of writing a CPR 34.14 after seeing all the advice on here and I noticed the address for JC International (the claimant) is in the US

- do I send the letter there or is there somewhere else it should be going?

Just concerned about claims they never received it and it may also take a while to get there.

 

Thanks in advance for any advice!

[fkofilee]

Welcome to CAG AC303

 

Interesting as these sorts of debts rarely should go near court!

 

Anyway... Go here, copy first post, answer questions, come back ...

 

We need full POCs from the claim form too...

Help us to help you

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[ac303]

Name of the Claimant? JC International Acquisition LLC

 

Date of issue – 31st March 2017

 

Date to submit defence = 2nd May 2017

 

What is the claim for –

 

1. The claimants claim is for the balance due with Talk Talk limited dated *** which was assigned to the claimant on *** and notice of which was given to the defendant on *** and which is now all due and payable.

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

3.And the claimant claims the sum of £180.

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% per annum amounting to £14.

 

What is the value of the claim? £270

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? talk talk

 

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

 

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? No

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? When the contract ended

 

What was the date of your last payment? No idea - Talk Talk couldn't give me any information

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

[dx100uk]

easily defeated

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Moriaty+Law+&sa=Search+CAG#gsc.tab=0&gsc.q=Moriaty%20Law&gsc.page=1

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[ac303]

Hi all,

 

Having completed the advised steps (CPR 31:14 request then received nothing back and filed by defence before the deadline)

 

I have now received a notice of proposed allocation to the small claims court and am looking for some advice on what to do.

 

Is it possible to just settle these?

I can't have a CCJ on my file for various reasons as it will cause me serious problems.

 

I would rather pay it and have it gone now rather than risk it impacting me for the next six years.

 

Any advice on next steps would be much appreciated.

 

It seems ridiculous for an alleged debt from years ago that they can't even provide documentation on,

but not sure it's worth 6 years of hassle.

 

Thanks

[dx100uk]

hello...:wave:

 

nice of you to come back

 

without paperwork they ain't going anyway near a courtroom door.

 

so what date did you file your defence please?

and what did you file as your defence?

 

dx

[ac303]

Thanks dx,

I filed my defence on 28th April and got another letter from the court acknowledging receipt (dated the same day).

 

 

The notice I've now got has the part where it says a copy of the defence is enclosed crossed out, by hand - so not sure if that's noteworthy?

 

 

The defence filed is below and it appears I now have until 5th June to get the N180 back to them.

 

Thanks for your help!

 

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 claim is denied.I am unaware of what debt the claimant refers to.I have requested information pertaining to the claimants claim by way of a CPR 31.14 request.

The claimant has failed to respond.

 

3.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 with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

5. 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.

 

6. 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.

[dx100uk]

shame you didn't ask for advise before you filed that

theres a much better mobile oriented defence you could have used

that put the fleecers to strict proof upon how much are unlawful/unfair full term contract costs.

 

 

well we can address that in your WS

we've not lost a mobile claim in a good while now

so cant see the need for you to think you even need to pay them.

theres always a tomlin anyway or its only £270 within a month

 

 

but that wont happen

 

 

n180 is easy to do

yes to mediation

the rest is obv

1 wit=you

[Andyorch]

The claimants particulars does not state that you entered into an agreement with them..but Talk Talk....

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

[ac303]

OK I certainly should have consulted you guys first, lesson most certainly learnt.

 

I'll fill out and send the N180 back to them - and register for the small claims mediation service and hope they agree to that as well. If they also agree to it, what will need to be done in preparation?

 

Thanks again.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?472113-Lowell-lowell-Solicitors-claim-form-old-Vodafone-mobile-debt(4-Viewing)-nbsp