Moriarty Law (TalkTalk 2011) No claims form + likely Statue Barred

**Amethyst** · 7th June 2018, 19:22:PM

Hi GianBocch, Welcome - I'm just reading now

**Amethyst** · 7th June 2018, 19:37:PM

Okay firstly, this change of ownership - was this from joint names to a single name, flatmates/ partner(ex) etc ? ( eg you left the property and the broadband contract remained but in the other person's name ?)

Has the transferee been involved in these bill disputes at all since the transfer was supposed to have been made ?

This is £215 - arrghhh it's really tough because if you don't pay it, and the set-aside and defence fails for any reason you're stuck with a CCJ on your file for 6 years - which you can already start seeing is causing an issue. The set-aside application would be £255 - it could take a few months to get heard and then another month to be removed from the register and your credit file. I can't say what to do, but I think the big picture is more important for the moment, and put principles to one side for now. IF you can pay it without putting yourself in hardship of course !!

I'd certainly get a full data request off to Talk Talk though to try and find out what the heck has gone on with this, and THEN go through the complaints procedure, Ofcom, and possibly the FOS regarding the claimant in this case ( who is the actual claimant on the claim form?). There have been successes at getting Judgments set aside after payment has been made ( but tbh if you've paid the judgment within the 28days there's not much point doing so, and potentially trying to obtain a refund from Talk Talk if it is shown to have been their cock up might be a better route?)

Regarding the cause of action for limitations - it will more likely run from when the account terminated/defaulted, not the date they failed to change over the agreement ownership, so it is very likely they will have issued the claim a few weeks before the 6 years would be up from that date. Did you get a copy of the claim form from the court or Moriarty at all ?

Frustrating...

**Gianbocch** · 7th June 2018, 21:57:PM

Originally posted by Amethyst View Post

Okay firstly, this change of ownership - was this from joint names to a single name, flatmates/ partner(ex) etc ? ( eg you left the property and the broadband contract remained but in the other person's name ?)

Has the transferee been involved in these bill disputes at all since the transfer was supposed to have been made ?

This is £215 - arrghhh it's really tough because if you don't pay it, and the set-aside and defence fails for any reason you're stuck with a CCJ on your file for 6 years - which you can already start seeing is causing an issue. The set-aside application would be £255 - it could take a few months to get heard and then another month to be removed from the register and your credit file. I can't say what to do, but I think the big picture is more important for the moment, and put principles to one side for now. IF you can pay it without putting yourself in hardship of course !!

I'd certainly get a full data request off to Talk Talk though to try and find out what the heck has gone on with this, and THEN go through the complaints procedure, Ofcom, and possibly the FOS regarding the claimant in this case ( who is the actual claimant on the claim form?). There have been successes at getting Judgments set aside after payment has been made ( but tbh if you've paid the judgment within the 28days there's not much point doing so, and potentially trying to obtain a refund from Talk Talk if it is shown to have been their cock up might be a better route?)

Regarding the cause of action for limitations - it will more likely run from when the account terminated/defaulted, not the date they failed to change over the agreement ownership, so it is very likely they will have issued the claim a few weeks before the 6 years would be up from that date. Did you get a copy of the claim form from the court or Moriarty at all ?

Frustrating...

Hello AMETHYST

Thank you, thank you very much for replying and getting in touch.

The TalkTalk account was under my name. When I moved out the property back in June 11, the transfer was done to the Landlord, who moved back in. JJC International stopped chasing me at one point after explaining all. The reason why Moriarty Law started chasing me was because I applied to have a new contract with TalkTalk back in 2017. Isn't weird that just a few months after, Moriarty Law found where I was living? I am trying to prove TalkTalk that they have breached my rights for Data Protection.

Harsh isn't ? I've just double checked, it is actually £230.93 (originally £124.01) or £255 to set it aside and the risk of losing it all. Thought it was easy just to say that because they entered the judgment in April, this should be Statue Barred? The last payment TalkTalk had from me was in June 2011, but then, how do I know when the account went cancelled? Even if I am a bit tight with timings, from when is the time of statue barred supposed to count from?

They were going to start proceedings in August 2017, but because I told them that I did not owe this money, they took until december to investigate when TalkTalk said that they had no record of such transfer, but I got an email from 2011 from TalkTalk with the procedure as I enquired about the change and later sent the paperwork

230.93 is nothing for me really, and I can do that money quickly within just a few days. Do you think that they would they still consider an offer? It feels really, really frustrating that people like this can succeed acting like the devil. I feel robbed without a gun pointed at my head.

The claimant is JC International Acquisition, Moriarty Law has just been chasing the payment all of this time. I feel been let down because weeks ago, I asked into a different group for help regarding this, and I was told to ignore, now that I don't have many choices, the replies were vague
https://www.consumeractiongroup.co.u...92#post5118692

I have phoned the FCA between yesterday and today, they provided me with the number of Ofcom and the Credit Services Association. I rang TalkTalk today, I explained the situation and they said I cannot complain because on my file it says to ring JC International and they provided me with a number, you ring the number 02034370311 and doesnt even exist. They also said that I cannot complain either as a non-customer because I already had an account. I asked to check with a manager and they confirmed. Shocking. I phoned Ofcom and explained everything, provided me with the email address for complaints and to wait for Final Response or 8 weeks and then take the case to CISA if i am not happy.

This is the email I sent earlier, before this message:

Hello TalkTalk Team,

I've recently been in contact with you this morning regarding an issue with
my credit file.

As you understand I have an account with you, which was closed after
attempting to collect a debt that I don't owe. If you look back on my file
at the month of June 2011 a retentions advisor called Shaun Matthews 03
MattheS03@cpwplc.com offered not to close the account but to change the
ownership as we were leaving the address 5 Knole Hall BH1 3QX.

We filled in the forms and sent them to 11 Evesham Street, London, W11 4AR
with the new Direct Debit instructions for the landlord who was moving back
to the property. I did complain about this in the past indicating that you
never changed the ownership, making me liable for the charges but a
complaints procedure was never in place back in 2011-2012. This information
may no longer be available and I understand it as more than 6 years have
passed ever since.

I am also led to believe that last year, when I made my application in
order for you to provide me with service again, this time on 2 Zetland
Court, BH4 8HU you used the details of the application and you passed them
on to a debt collection agency company called Moriarty Law to keep chasing
for the debt, even when they knew that it was already statue barred, but a
claims court was raised by them last April and a CCJ was placed on my file,
after explaining to them all of the above. Your advisor on the phone after
being questioned about this agreed with me about the illegal nature of
passing out my details to do this.

Besides, I was told by him that I am not eligible to raise a complaint with
your company and that I should ring JC International on 02034370311 as it
shows on the notes of my file (given by the advisor). This company stopped
chasing me for this debt long time ago and I understand that does not
longer exist as even the phone does no longer works.

What it really frustrates me is the fact of being told that I am not
eligible for complaining. Please listen to the call as I called you today
around 11:39 a.m. and he verified the information with a manager. I am not
eligible to raise a complaint either as a customer because of the note on
my file or as a non customer, because of the fact that I already have an
account with you. Ridiculous.

I rang Ofcom straight away and they told me this is wrong and that I should
put this in writing before passing it to CISAS.

I want you to:
- Explain why you passed on my details of my address on the time to
Moriarty Law to chase me for a debt that is not mine.
- Contact Moriarty Law and ask them to put the CCJ aside under the grounds
that due to an error in customer services, you made me liable for charges
that were not mine.
- Indicate when was the last time you had a payment from me.
- Provide me with a SAR with all the information you have about me,
including contact details and bills.

According to the regulator, you have 8 weeks to investigate this matter in
full and to provide me with your Final Response Letter before I pass this
matter to CISAS/

Regards,
GB
-----------------------------------------------------------------
Is there a way to find out when the account terminated / defaulted? If so, this would still be by, the latest, Dec 2011 or Jan 2012. I got the claims for today, it is completely sealed still and it remains unopened, because I was trying to prove that I never receive it before the Judgement for Claimant. They never mention when the account defaulted.

So what happens if I pay in full? Apart from letting them to run with my money, would this still leave a mark on my credit file that a CCJ was entered etc?

**Amethyst** · 8th June 2018, 06:57:AM

You got the claims form yesterday ? Direct from the court ? Or fwd on from old address? May as well open it and see what the issue date is at least. Or is it the judgment ?

JC / Moriarty likely got your address from your credit file - they could have done this before filing the claim ( your credit file is up to date and you're on the electoral roll ) so setting aside should be straight forward.

You could tell them ( say you'd like a without prejudice conversation) you intend on applying to set aside and ask them to consent due to a) the address issue and b) that you have a defence of the debt being statute barred - and that this would cost £255 which you will be asking the court to award against them ..... however you are willing to get things settled immediately on condition they inform the court the ccj ( before the 28 days )has been settled in full for £124 ( or whatever you feel is reasonable ).... they need to confirm any arrangement in writing before payment ( email is fine ). Say if not, and they don't consent to set aside, you will be filing your application on xx date.

the cause of action ( date from when the 6 years run) date is tricky in this circumstance - common sense would say once you'd submitted the forms changing ownership of the debt was the end of your liability for the debt/agreement - however if they deny the change happened and you can't evidence it then it could be deemed at the end of the contract - a SAR will really help there and could add to your defence once you have the ccj set aside.

Regardless of of what you do about the ccj you want to make complaints to TalkTalk and Ofcom once you have the documents. Have you still got that 2011 email too actually as that will help for defence and complaint.

Is this on your credit file btw?

**Amethyst** · 8th June 2018, 07:01:AM

On the CAG thread, tbh you weren't aware of the court claim at that point - and although I'd likely have written to Moriarty at that point - It's unlikely it wld have made any difference as if judgment was 14th May the claim would have been issued mid- April and probably already gone to default ( it's 17 days from issue date if no acknowledgement is filed) although timing them might have made you aware of the claim in progress to be able to act .... if buts and maybes though. Xxxxx

**Amethyst** · 8th June 2018, 07:07:AM

Sorry replying in bits, on phone so scrolling is a pest lol

So what happens if I pay in full? Apart from letting them to run with my money, would this still leave a mark on my credit file that a CCJ was entered etc?

The judgement will be removed from the register and be like it never happened ( except feeling really annoyed lol ) When/if you do pay tell the court at the same time with evidence of payment. Take a month or so to come off credit file.

I might also also reply to Barclaycard and say thanks for bringing that to your attention explain that it was an error and you're sorting it out ( it's good to know really that they do actually send these 'are you struggling' letters as it's a relatively very recent fca requirement ) Just watch they don't try increase interest rate or reduce credit limit etc.

**Gianbocch** · 8th June 2018, 09:04:AM

Originally posted by Amethyst View Post

You got the claims form yesterday ? Direct from the court ? Or fwd on from old address? May as well open it and see what the issue date is at least. Or is it the judgment ?

JC / Moriarty likely got your address from your credit file - they could have done this before filing the claim ( your credit file is up to date and you're on the electoral roll ) so setting aside should be straight forward.

You could tell them ( say you'd like a without prejudice conversation) you intend on applying to set aside and ask them to consent due to a) the address issue and b) that you have a defence of the debt being statute barred - and that this would cost £255 which you will be asking the court to award against them ..... however you are willing to get things settled immediately on condition they inform the court the ccj ( before the 28 days )has been settled in full for £124 ( or whatever you feel is reasonable ).... they need to confirm any arrangement in writing before payment ( email is fine ). Say if not, and they don't consent to set aside, you will be filing your application on xx date.

the cause of action ( date from when the 6 years run) date is tricky in this circumstance - common sense would say once you'd submitted the forms changing ownership of the debt was the end of your liability for the debt/agreement - however if they deny the change happened and you can't evidence it then it could be deemed at the end of the contract - a SAR will really help there and could add to your defence once you have the ccj set aside.

Regardless of of what you do about the ccj you want to make complaints to TalkTalk and Ofcom once you have the documents. Have you still got that 2011 email too actually as that will help for defence and complaint.

Is this on your credit file btw?

Good morning Amethyst and thank you again.

I went to the agency and the old post was handed to me, it was unopened for a couple of weeks in the hope that I could prove that I never receive it / opened at all.

I got the particulars of the claim, they say that i entered a contract with TalkTalk Limited on the 17/01/11 which is likely to be true.(I believe these contracts were for 18 months at the time) They say that it was assigned to the claimant on the 26/03/2014 and that I agreed to pay monthly installments (which I believe is false because I have never said something like that verbally or signed anything saying that) There's no mention on when it goes on default.

I will try my best to persuade them and see what I can get back. When u mention that a Sar will really help, yeah that's what I expect.

Like a said yesterday I've already filled a complaint with TalkTalk and given the 8 weeks, I may add to recover the costs of having the CCJ removed after all of this. Yes I got the email with the forms and everything.

**Gianbocch** · 8th June 2018, 09:07:AM

Originally posted by Amethyst View Post

On the CAG thread, tbh you weren't aware of the court claim at that point - and although I'd likely have written to Moriarty at that point - It's unlikely it wld have made any difference as if judgment was 14th May the claim would have been issued mid- April and probably already gone to default ( it's 17 days from issue date if no acknowledgement is filed) although timing them might have made you aware of the claim in progress to be able to act .... if buts and maybes though. Xxxxx

Yes, I know, I think that sometimes frustration leads into this. The claims form was issued on the 3rd of April, so it was impossible already by the time to react on time.

**Gianbocch** · 8th June 2018, 09:10:AM

Originally posted by Amethyst View Post

Sorry replying in bits, on phone so scrolling is a pest lol

So what happens if I pay in full? Apart from letting them to run with my money, would this still leave a mark on my credit file that a CCJ was entered etc?

The judgement will be removed from the register and be like it never happened ( except feeling really annoyed lol ) When/if you do pay tell the court at the same time with evidence of payment. Take a month or so to come off credit file.

I might also also reply to Barclaycard and say thanks for bringing that to your attention explain that it was an error and you're sorting it out ( it's good to know really that they do actually send these 'are you struggling' letters as it's a relatively very recent fca requirement ) Just watch they don't try increase interest rate or reduce credit limit etc.

I think I will do that.

I suffer from anxiety and severe stress and this situation is obviously not helping at all.

I've had days without any sleep thinking about this. Thank you for being there to help.

Moriarty Law (TalkTalk 2011) No claims form + likely Statue Barred