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Hi,
I have been following these forums for a few months now. In March, I found out I had a CCJ which was served in Nov 2016, by Lowell Portfolio I, which I had no idea about. I had moved twice since I took out the original agreement with TalkTalk and didn't receive the papers. Following advice and drafts on these forums, I managed to get my CCJ set aside this morning, so thank you all!
At this point, I now have 14 days to file a draft defence for the original alleged debt. Here's the story so far:
Took out broadband with TalkTalk May 2013.
The service was terrible, with very slow broadband, so I contacted TalkTalk in June, and finally they admitted a fault on the line. They said twice that they would call me back to arrange an engineer to visit my house but they never did. (In Lowell witness statement they claim I refused to allow TalkTalk to log the fault so they couldn't send an engineer, which is untrue and completely illogical, given the amount of times I called to pursue the fault and get it fixed!)
In June 2013 I emailed TalkTalk to tell them I believed they were in breach of the contract and cancelled the direct debit (I have a copy of this).
Then came years of debt collectors bombarding me. I, admittedly, did not respond to them all, but many times I did.
In August 2016 I moved to a new address
In August 2017 I moved again. I did not inform debt collectors as I hadn't heard from them in a while at this point. Didn't even occur to me.
I did have the same e-mail address the whole time, which I used to correspond with TalkTalk back in 2013 when I was disputing directly with them. Never was I contacted on it to clarify my correct address.
In March 2019 I found out I had a CCJ after I was declined a bank overdraft.
Today I got my CCJ set aside on the basis that the papers weren't served to my right address and that I have a good chance of defending the claim.
The judge has given me 14 days to now set out my draft defence.
My defence (in a nutshell)
I called several times to get TalkTalk to fix the fault to no avail
I e-mailed and wrote to TalkTalk (I have copies of originals) to explain I was cancelling and agreed to pay for the time I had used (less than a month but unsure exactly how at this point). Still no engineer sent.
According to a letter I received from Lowell, I took out the agreement on 31st May and e-mailed to cancel on 13th June. That would put me in the 14 day cooling off period.
According to me e-mail from 2013 I took out the agreement on 1st May (outside of cooling off)
From Lowell witness statement for todays hearing it seems that TalkTalk no longer have a copy of the original agreement, and Lowell definitely do not.
Is it worth sending a SAR to TalkTalk for info?
Are CCA requests or CPR 31.14 relevant at this point?
Anywhere I can find a draft defence for this type of claim?
Thanks!
I have been following these forums for a few months now. In March, I found out I had a CCJ which was served in Nov 2016, by Lowell Portfolio I, which I had no idea about. I had moved twice since I took out the original agreement with TalkTalk and didn't receive the papers. Following advice and drafts on these forums, I managed to get my CCJ set aside this morning, so thank you all!
At this point, I now have 14 days to file a draft defence for the original alleged debt. Here's the story so far:
Took out broadband with TalkTalk May 2013.
The service was terrible, with very slow broadband, so I contacted TalkTalk in June, and finally they admitted a fault on the line. They said twice that they would call me back to arrange an engineer to visit my house but they never did. (In Lowell witness statement they claim I refused to allow TalkTalk to log the fault so they couldn't send an engineer, which is untrue and completely illogical, given the amount of times I called to pursue the fault and get it fixed!)
In June 2013 I emailed TalkTalk to tell them I believed they were in breach of the contract and cancelled the direct debit (I have a copy of this).
Then came years of debt collectors bombarding me. I, admittedly, did not respond to them all, but many times I did.
In August 2016 I moved to a new address
In August 2017 I moved again. I did not inform debt collectors as I hadn't heard from them in a while at this point. Didn't even occur to me.
I did have the same e-mail address the whole time, which I used to correspond with TalkTalk back in 2013 when I was disputing directly with them. Never was I contacted on it to clarify my correct address.
In March 2019 I found out I had a CCJ after I was declined a bank overdraft.
Today I got my CCJ set aside on the basis that the papers weren't served to my right address and that I have a good chance of defending the claim.
The judge has given me 14 days to now set out my draft defence.
My defence (in a nutshell)
I called several times to get TalkTalk to fix the fault to no avail
I e-mailed and wrote to TalkTalk (I have copies of originals) to explain I was cancelling and agreed to pay for the time I had used (less than a month but unsure exactly how at this point). Still no engineer sent.
According to a letter I received from Lowell, I took out the agreement on 31st May and e-mailed to cancel on 13th June. That would put me in the 14 day cooling off period.
According to me e-mail from 2013 I took out the agreement on 1st May (outside of cooling off)
From Lowell witness statement for todays hearing it seems that TalkTalk no longer have a copy of the original agreement, and Lowell definitely do not.
Is it worth sending a SAR to TalkTalk for info?
Are CCA requests or CPR 31.14 relevant at this point?
Anywhere I can find a draft defence for this type of claim?
Thanks!