Judgement for Claimant form received but no Claim issued

**wales01man** · 9th August 2017, 11:20:AM

Re: Judgement for Claimant form received but no Claim issued

You state no name of debtor who was the letter addressed to?

**issie** · 9th August 2017, 11:34:AM

Re: Judgement for Claimant form received but no Claim issued

Hi
Thank you for getting back to me so promptly.

Sorry, I meant creditor name not debtor name. I have just rang Moriarty Law, because the court have no record of sending me out a claim form to my address and asked me to contact them. They said the claim form was sent to a very old address, that I left in January 2015. I am on the Electoral Role, so there was no reason to send it to an old address, but their letters have been coming to this address, and only in the past four weeks, four weeks ago was the first time I had heard anything from this company! So, they asked the claim form to be sent to an old address, but wrote to me at my current address. Their excuse was that they traced me to my old address and this is why they had the claim form sent there, but could not then tell me why they were corresponding with me at my current address.

This all makes no sense? Surely, if they have my current address, they should have sent a claim form to this address! Also, before coming to this address, I lived in another part of the country where I worked for a year before moving to my current address when I became ill. That address was also on the electoral register. So, I think they have deliberately sent the form to my old address so that I would not have the opportunity to reply to it. Also of note, I have credit at my both my previous and current addresses, and so they would be on my credit file, with my addresses. Should I get hold of my credit file?

I can't afford to pay for the judgement to be set aside, so I wont be able to apply for it. Please can you help with this?

Kind regards

**issie** · 9th August 2017, 11:53:AM

Re: Judgement for Claimant form received but no Claim issued

edit: posted it twice

**Amethyst** · 9th August 2017, 12:26:PM

Re: Judgement for Claimant form received but no Claim issued

Have you checked out the income requirements for fee remission for your set aside application ? Have a look http://hmctsformfinder.justice.gov.u..._forms_id=4397

Have you got a claim number now ? and a copy of the Judgment letter ?

Firstly though we should write to Moriarty and ask them to ask their client to consent to the set aside ( then it would only cost £100 as no hearing would be required ) - as they have been communicating with you at your current address their reasons for sending the claim to an old address really won't get them out of it with the court so you should get the set aside without much problem.

I would send a SAR ( Subject Access Request Letter ) to TalkTalk as well to see what record they have of the cancellation and subsequent conversations. It's a shame you didn't make a complaint in writing at the time, but Moriarty won't have any records anyway - are they acting for themselves or for Merlingen ? ( is the Judgment in Moriarty's name ??)

**issie** · 9th August 2017, 13:08:PM

Re: Judgement for Claimant form received but no Claim issued

Hi

Yes I have. But I can't afford £100 and the court have told me I just fill in a form and because of the amount of income I have this would be free to request. I don't mind going to a hearing. The court said the same as you re where they sent the claim form! JC International are named on the form, but the address is for Moriarty Law. I should think that once I send the form to the court, based on what I have been told, they will set aside the judgement, as they must have had my current address to write to me here. The only thing is, I have mislaid their letter of July 2017 sent to me here, where I responded to them with your letter asking for proof. I have that on my computer. Will I have to produce the letter they sent to me to tell me that If I didn't pay them they would enter judgement against me?

Firstly though we should write to Moriarty and ask them to ask their client to consent to the set aside ( then it would only cost £100 as no hearing would be required ) - as they have been communicating with you at your current address their reasons for sending the claim to an old address really won't get them out of it with the court so you should get the set aside without much problem.

I would send a SAR ( Subject Access Request Letter ) to TalkTalk as well to see what record they have of the cancellation and subsequent conversations. It's a shame you didn't make a complaint in writing at the time, but Moriarty won't have any records anyway - are they acting for themselves or for Merlingen ? ( is the Judgment in Moriarty's name ??)[/QUOTE]

**issie** · 9th August 2017, 15:58:PM

Re: CCJ by default? Set Aside application notes

Thank you for this. I have spoken to my local court today, telling them that I never received the claim form because it was sent to the wrong address and that I had no knowledge of this debt. I also told them that I had received letters at my current address from JC International / Moriarty Law and so if they had my current address, I can only surmise that they sent the claim form to an old address to prevent me from filing a defence. He was very helpful in telling me that they see this all the time at the court, that creditors deliberately send a claim form to an old address in the hope of there not being a reply to it and allowing them then to issue judgement in default. He said just to tell the court all of this in my application to set aside and it should be fine. How do they get away with this? When I do send my defence, I have no information, Moriarty Law didn't even know what the sum of money was for, just that I owed it. On the Judgement for Claimant form, there is no details of the original creditor nor what the sum they are asking for is. All they know is that it is from talk talk but have no details. Moriarty told me on the phone that it was not easy to get a judgement set aside, that it would cost me a lot of money and I probably would lose. Well we will see. It is not costing me anything (I have checked this with the court). In my defence to the court, all I will be able to say is that it is denied that I owe any money to the claimant as I have no information to go on? Also, I have mislaid there letter to me at this address stating that if I didn't pay they would enter judgement against me, to which I replied as above. I only have my reply to them. But the Claim form is in my current address, so hopefully the judge will see that they must have known my current address.

**Amethyst** · 9th August 2017, 16:25:PM

Re: CCJ by default? Set Aside application notes

Thanks issie - stop phoning moriarty now xx if you get a draft together of the set aside app pop it on your other thread ( I'll move your bigger post over there in a bit) and will give you a hand with it and the draft defence xxx

**issie** · 9th August 2017, 16:32:PM

Re: CCJ by default? Set Aside application notes

Hi
In the Draft Defence, I can only put "It is denied that the Defendant owes the Claimants £XXXX as stated in their particulars of claim" I don't have anything else as I am denying any knowledge of the claim. Could I state that I received a letter asking for the sum of money at my current address and that I replied asking them for further information, but they didn't send it and so I have no idea what the claim is for? Also, I don't understand why I have to send a draft order for directions! Would a direction not come from the court?
Many thanks

**Amethyst** · 9th August 2017, 16:47:PM

Re: CCJ by default? Set Aside application notes

Yes indeed, the direction order will come from the court, and tbh they write their own anyway, but they like to have a bit of guidance to be sure what you are requesting. I'm just going to shufty posts about for you xxx okay done.

Could I state that I received a letter asking for the sum of money at my current address and that I replied asking them for further information, but they didn't send it and so I have no idea what the claim is for

Yes. How do you know it is talktalk did any of their letters mention talktalk at all ? You have enough to raise a doubt over the claim to enable to court to see once the judgment is set aside you do have a defence, plus Moriarty writing to you at your current address mentioning talktalk helps the set aside due to incorrect address.

as stated in their particulars of claim"

can't really say that bit as you haven't had a copy

xx

Need to firstly do a letter to Moriarty asking consent to set aside, in writing, then that goes with the draft applicaton et al first, giving them 7 days to respond with/without consent before filing the application at court. Did you have a look through the EX160 regarding the fees?

How much is the judgment for btw?

And is it for JC International with Moriarty acting for them, or for Moriarty ?
( jc international acquisition llc ... jc international acquistion LLC. 16 Mcleland road. St cloud. Minnesota. Usa. 56303.. ??)

Originally posted by ROUGH DRAFT TO GET STARTED DO NOT USE

The claim is denied.

I am unaware of what debt the claimant refers to.

Following previous letters received from the claimant's solicitors, Moriarty Law, I have requested information (PROVE IT LETTER - do you have a copy of that?)pertaining to the claimants claim. The claimant has failed to respond/refused to give me any information.

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 as to:

(a) show how the Defendant has entered into an agreement with the Claimant; and
(b) show how the Defendant has calculated the amount claimed; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

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

It is denied that the Claimant is entitled to the relief claimed or any relief.

**issie** · 9th August 2017, 17:49:PM

Re: CCJ by default? Set Aside application notes

Hi Amethyst
The only reason I know it was Talk Talk is that it was printed (in very small print) "Original Creditor Talk Talk". However, I have mislaid the letter and if I ask Moriarty for a copy it is likely they wont comply. This would have been great to send to the court. But, I can prove I have moved addresses twice Since January 2015. I do have the letter I sent to them in reply on the 24th July a couple of days after getting their letter. This was a letter from your site that I adapted, pre-action conduct letter which they ignored, but I have no idea when the made the original claim or when it was sent to my old address. I am going to attach the letter I sent (I think that is what you mean by the prove it letter - i.e. preaction conduct letter)

When I ask Moriarty for consent, do I need to make a payment to them to do this? I don't want to do that! I have been told I won't have to pay a fee due to my income. The Judgement is for £255.71 it was £158 but they added on costs. Now, I wish I had their letter because in that they asked for £233 not £158. They stated that the £233.71 pounds was what I owed them at that time they were just threatening to enter judgement and there was no mention of cosst. I queried this when I rang them (won't ring them anymore) he said they added another £22 but for costs? This is why the letter they sent me would be useful to have. Could I compel them to send me a copy?

The draft defence above is great, its what I had in mind to send.

What do I say to Moriarty re asking for consent? Do I need to mention I am denying the claim etc.?

Do you want me to just copy and paste my set aside application on this thread? I will remove my name and any other identifiers.

Many thanks for your help.

**Amethyst** · 9th August 2017, 17:52:PM

Re: CCJ by default? Set Aside application notes

No you won't have to pay to ask Moriarty for consent, the point of asking is so a) you look all nice to the court and b) you only have to pay (or get remission on) £100 as no hearing will be needed if they consent.

I'll dig up a letter for you re requesting consent.

**issie** · 9th August 2017, 18:08:PM

Re: CCJ by default? Set Aside application notes

Thank you Amethyst. I am intending to send the letter to Moriarty on Saturday, I can't get to a post office before then. When I give them 7 days to reply, is that from when I sent the letter or from when they receive it. Also, the claim states I have to make my first payment on September 6th. I am not going to send anything to them. Can they enforce this if the judgement does not get set aside by then.

Many thanks

**Amethyst** · 9th August 2017, 19:23:PM

Re: CCJ by default? Set Aside application notes

Okay this is really rough - date for reply seven days from when they'd receive it, so if you post saturday, date it for reply the next monday after. Once your set aside application is filed they shouldn't be able to apply to enforce the judgment as there should be a barr in place, and if they try to apply to enforce between now and filing the app ( they have to wait for you to default on the court order before they could apply for a warrant of control, then send you a 14 day notice etc etc before you get anywhere near a bailiff / enforcement agent ) you can just add to suspend that warrant into the app. Obvs there's still the actual application to sort out. The Talk Talk reference helps you evidence that they have previously written to you at your current address. You replied to one of those letters too with the prove it letter, so that helps your case as well.

Dear Sirs

Ref: xxxxxxxxxxxxxxxxxxx

As you will be aware, I have recently received notice from the Northampton County Court Business Centre that your client, JC International Aquisitions LLC have obtained a County Court Judgment against me dated ?????????????? 2017 for an amount of £XXXX.

The claim appears to have been issued to an address I have not lived at since 2015, despite yourselves having previously written to me on a number of occassions at my present address. I have always kept my address update on my credit file / electoral register and have lived at my current address since 2014. There is no reason any claim should have been made to any previous address.

I request that you send me a copy of your original statement of case, and any documents on which you rely, particularly details of the original agreement, how the amount claimed has been calculated and evidence of assignment of any debt to your client. In one of your previous letters you made mention that the orginal creditor was 'TalkTalk'. I am not aware of any debt owed to 'TalkTalk' and intend to fully defend your clients claim. You will be aware I have previously requested details of the alleged debt from yourselves and your client, however to date you have failed to provide any information or documentation proving your clients claim.

I therefore intend to apply to the court to set aside the judgment pursuant to CPR 13 so that I may consider my position fully and, on receipt of all the relevant documentation and information, exert my right to defend or settle the claim.

I enclose a copy of my proposed application to the Court. I am sure you appreciate I need to make the application promptly, and I intend to file the application on xxxxxx 2017. I would therefore be grateful if your client could confirm their consent to the set-aside of the judgment to me at the above address, before 4pm on xx/xx/2017.

**issie** · 9th August 2017, 19:51:PM

Re: Judgement for Claimant form received but no Claim issued

Hi
Thanks so much for this. It looks great. I will copy and paste my application form for you to look over before sending to Moriarty. Should I also send them the draft order and defence or just the application form with my witness statement?

Many thanks

Judgement for Claimant form received but no Claim issued