JC international aquisition V Parish

[Missp79]

3-6-16
£362.52 including courts fee and legal representation costs
Claiment: JC International aquisition
Solicitor: Moriarty law
For an apparent agreement withTalk talk

"The Claimants claim is for the balance due under an agreement with talk talk which was assigned to the Claiment on 21/03/2014 and notice of which was given to the defendent on the 21/03/2014 and which is now all due and payable.
The defendent agreed to pay monthly instalments under account number XxxxX xxxx but has failed to do so. And the Claiment claims the sum of £266.24.
The Claiment also claims interest thereon pursuant to s.69 county court action 1984 limited to one year to date hereof at the rate of 8% per annum am mounting to £21.30"

I haven't had any contact before this letter nor received any documents pertaining to this alleged debt. I have NEVER had an account of any kind with talk talk, I have sent an acknowledgement of service online via moneyclaim.gov.uk and I'm trying to draft a cpr31.14 but unsure how to word it. Any help would be gratefully received.

[Missp79]

Im new and need help :/ to fill out a CPR 31.14

3-6-16
£362.52 including courts fee and legal representation costs
Claiment: JC International aquisition
Solicitor: Moriarty law
For an apparent agreement withTalk talk

"The Claimants claim is for the balance due under an agreement with talk talk which was assigned to the Claiment on 21/03/2014 and notice of which was given to the defendent on the 21/03/2014 and which is now all due and payable.
The defendent agreed to pay monthly instalments under account number XxxxX xxxx but has failed to do so. And the Claiment claims the sum of £266.24.
The Claiment also claims interest thereon pursuant to s.69 county court action 1984 limited to one year to date hereof at the rate of 8% per annum am mounting to £21.30"

I haven't had any contact before this letter nor received any documents pertaining to this alleged debt. I have NEVER had an account of any kind with talk talk, I have sent an acknowledgement of service online via moneyclaim.gov.uk and I'm trying to draft a cpr31.14 but unsure how to word it. Any help would be gratefully received.

[charitynjw]

Re: Im new and need help :/ to fill out a CPR 31.14

Hi Missp79 & welcome to LB.

You can find a CPR 31.14 template here

You can only ask for the documents mentioned in the Particulars of Claim.

You've acknowledged the court claim, so just keep a note of the court timetables.

As things stand, your defence will need to be filed before 33 days after the claim issue date.

You can agree to a 28 day extension with the Claimant, in which case you (the Defendant) will need to inform the court.

[Missp79]

Re: Im new and need help :/ to fill out a CPR 31.14

Hi thankyou for replying, I have the template but am a bit confused as to what I can ask for as the particulars of claim were so vague and didn't mention they has any documents :/

[charitynjw]

Re: Im new and need help :/ to fill out a CPR 31.14

"The Claimants claim is for the balance due under an agreement with talk talk which was assigned to the Claiment on 21/03/2014 and notice of which was given to the defendent on the 21/03/2014 and which is now all due and payable.
The defendent agreed to pay monthly instalments under account number XxxxX xxxx but has failed to do so. And the Claiment claims the sum of £266.24.
The Claiment also claims interest thereon pursuant to s.69 county court action 1984 limited to one year to date hereof at the rate of 8% per annum am mounting to £21.30"

They mention the alleged agreement, a Notice of Assignment, & a possible account.( Under account no Xxxx Xxxxx)

[Missp79]

Re: Im new and need help :/ to fill out a CPR 31.14

Thanks again for your reply, im drafting my cpr, if its ok I'll post a copy for you to check before sending. Many thanks

[Kafka]

Re: Im new and need help :/ to fill out a CPR 31.14

Thanks again for your reply, im drafting my cpr, if its ok I'll post a copy for you to check before sending. Many thanks

Always a good idea to do that.

[Missp79]

Re: Im new and need help :/ to fill out a CPR 31.14

This is the draft, does it sound OK? Any input would be greatly appreciated.


Xxxxx
Xxxxx
Xxxxxx
Xxxxxx
xxxxxxx

09/06/2016

JC International Acquisition LLC
16 McLeland Road
St Cloud
Minnesota
USA
56303

Dear Sirs,

Claim Number: xxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 07/06/2016, I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of agreements you mention in your statement of case, ahead of filing my defence on 29/06/2016.

In response to your alleged Agreement –

I will require in writing, all copies of original documents relating to proof of alleged agreement, laid out in your Particulars of Claim. I will also require copies of any other relevant or pertinent documentation that you may possess, including letters of notifications allegedly sent to myself, the defendant - xxxxxx Parish and anything else mentioned in your Particulars of Claim. Additionally, I will require proof and/or documentation and/or call transcripts; which will include the dates and times of when the alleged agreement to pay monthly instalments occurred – mentioned within the Particulars of Claim, including sums allegedly agreed which will hereby include a breakdown of the amount requested under alleged account number xxxxx xxxx.

I will also require the default notice and all original documentation; including any credit agreement and/or any telephone transcripts and/or any online account application that were made with regards to the initial creation of the alleged overdue account, from the original creditor named as Talk Talk in your Particulars of Claim, to which you were assigned on the date of 21/03/2014.


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I xxxxxx Parish, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me, in writing, within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 09/06/2016.

I look forward to hearing from you.

Yours sincerely




xxxxxx Parish

[Missp79]

Proof read needed for cpr 31.14 pleeeaaase

Xxxxx
Xxxxx
Xxxxxx
Xxxxxx
xxxxxxx

09/06/2016

JC International Acquisition LLC
16 McLeland Road
St Cloud
Minnesota
USA
56303

Dear Sirs,

Claim Number: xxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 07/06/2016, I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of agreements you mention in your statement of case, ahead of filing my defence on 29/06/2016.

In response to your alleged Agreement –

I will require in writing, all copies of original documents relating to proof of alleged agreement, laid out in your Particulars of Claim. I will also require copies of any other relevant or pertinent documentation that you may possess, including letters of notifications allegedly sent to myself, the defendant - xxxxxx Parish and anything else mentioned in your Particulars of Claim. Additionally, I will require proof and/or documentation and/or call transcripts; which will include the dates and times of when the alleged agreement to pay monthly instalments occurred – mentioned within the Particulars of Claim, including sums allegedly agreed which will hereby include a breakdown of the amount requested under alleged account number xxxxx xxxx.

I will also require the default notice and all original documentation; including any credit agreement and/or any telephone transcripts and/or any online account application that were made with regards to the initial creation of the alleged overdue account, from the original creditor named as Talk Talk in your Particulars of Claim, to which you were assigned on the date of 21/03/2014.


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I xxxxxx Parish, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me, in writing, within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 09/06/2016.

I look forward to hearing from you.

Yours sincerely




xxxxxx Parish

[Amethyst]

Re: Proof read needed for cpr 31.14 pleeeaaase

Is the claimant's address right? Minnesota ?


I think you can remove this bit

In response to your alleged Agreement –

Also do you have a copy of the particulars of claim, and can you post them up please - CPR 31.14 will only allow you to ask for things mentioned, anything else would need to be asked for under a different CPR, such as Part 18, or requested via a Subject Access Request.

to which you were assigned on the date of 21/03/2014.

change to, which you allege was assigned to you on the date of 21/03/2014.

Ahh just seen you have other posts so will have a check.

[Amethyst]

Re: Proof read needed for cpr 31.14 pleeeaaase

JC international aquisition V Parish

3-6-16
£362.52 including courts fee and legal representation costs
Claiment: JC International aquisition
Solicitor: Moriarty law
For an apparent agreement withTalk talk

"The Claimants claim is for the balance due under an agreement with talk talk which was assigned to the Claiment on 21/03/2014 and notice of which was given to the defendent on the 21/03/2014 and which is now all due and payable.
The defendent agreed to pay monthly instalments under account number XxxxX xxxx but has failed to do so. And the Claiment claims the sum of £266.24.
The Claiment also claims interest thereon pursuant to s.69 county court action 1984 limited to one year to date hereof at the rate of 8% per annum am mounting to £21.30"

I haven't had any contact before this letter nor received any documents pertaining to this alleged debt. I have NEVER had an account of any kind with talk talk, I have sent an acknowledgement of service online via moneyclaim.gov.uk and I'm trying to draft a cpr31.14 but unsure how to word it. Any help would be gratefully received.

I'll merge threads.

[Missp79]

Re: JC international aquisition V Parish

Thankyou and yes that is the address I have as the Claiment address.

[Amethyst]

Re: JC international aquisition V Parish

Yes send the CPR request to Moriarty direct, not to JC. Moriarty are acting on behalf of JC so the documents should go to them.

15 Old Bailey, London, London, EC4M 7EF

[Missp79]

Re: JC international aquisition V Parish

Thankyou that's the address I have also, will send recorded delivery too. Thankyou again for your help, I've been in a bit a frazzled as I've never had anything like this before. Is everything OK beside the few bits you mentioned?

[Amethyst]

Re: Proof read needed for cpr 31.14 pleeeaaase

Amended for you xx

Request for documents mentioned in a statement of case under CPR 31.14

On 07/06/2016, I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full. I have never held an account with Talk Talk and have never had any communication from your clients, JC International before receipt of this claim.

To enable me to file my defence and/or counterclaim, I require inspection of agreements you mention in your statement of case, ahead of filing my defence on 29/06/2016.

This should include the agreement and notice of assignment.

I also request you send a statement of any account that shows how the sum claimed has been calculated.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I xxxxxx Parish, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me, in writing, within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.