hi everyone would any of you kind people know if its true that a telecommunications debt didnt need a cca, ive never taken out a talk talk mobile account but have received a county court claim form and asfter asking for the origional credit agreement to try and prove its not me they say they dont need to produce a cca as its telecoms, how true is this please and is there any way i can prove its not mine or that it actually exsists have proof of my home address fro last 15 years and account was taken out in my name d.o.b with totally diffirent address, thanks in advance
is it right that telecommunications dont need a cca
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If you've received a Court Claim, you need to follow the CPR and defend the claim, whilst still getting the facts together.
That's correct, it's a service contract, not covered under the CCA 1974 Act.
I would send TalkTalk a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.
Depending on what they send, you can lodge a complaint with the ICO.
https://legalbeagles.info/library/gu...ccess-request/
https://ico.org.uk/your-data-matters...h-the-outcome/
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Originally posted by echat11 View PostIf you've received a Court Claim, you need to follow the CPR and defend the claim, whilst still getting the facts together.
That's correct, it's a service contract, not covered under the CCA 1974 Act.
I would send TalkTalk a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.
Depending on what they send, you can lodge a complaint with the ICO.
https://legalbeagles.info/library/gu...ccess-request/
https://ico.org.uk/your-data-matters...h-the-outcome/
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You can ask for the agreement with the telecoms company. It does not have to be a consumer credit agreement.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Originally posted by atticus View PostYou can ask for the agreement with the telecoms company. It does not have to be a consumer credit agreement.
I usually suggest writing back something along the lines of:
I am aware that this is not an alleged consumer credit debt, however if you allege I entered into an agreement for services you will need to demonstrate that I did and the terms of said agreement. No court can rule on any agreement without seeing it's terms, the rights of the parties to terminate it and any penalties or monies that might be owing due to those terms.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.
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Originally posted by jaguarsuk View Post
It is often a standard reply of the debt purchasers that they do not have to provide a credit agreement as the debt is not covered by the Consumer Credit Act 1974 whether you ask for a CCA or just the agreement.
I usually suggest writing back something along the lines of:
Have you sent an SAR to Talk Talk to see whether the Claimant can even get an agreement if they don't have one?
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Originally posted by MIKE770 View PostSubject Access Request Letter no charge get proof posting and keep copy on file no charge
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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