JC International Acquisition and Talk Talk

[Suegwen]

Good day, I would be grateful for help and advice please. I have received a summons from JC International with an old talk talk debt I sent the normal defence letter requestion copy of assignment and original credit agreement, I have received form from court saying they are defedning the case and sending to the small claims track, I have received no documents from JC Int , how do I proceed please?

[MIKE770]

Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

[Suegwen]

Thankyou Mike770 very much. I have requested a CCA, they have ignored me and asked for the case to be allocated to the small claims track where this does not apply I believe.

[MIKE770]

a SAR will be use full as well Subject Access Request Letter


copy of communications contract with them i.e the contract they refer to to

[Suegwen]

How do I reply to the Notice of proposed allocation to the small claims track form I have been sent by the court please. I believe once the matter gets to this court you can not request the documents I requested.

[MIKE770]

CPR31.14 request documents mentioned on court summons only later request others , but seperatly copy of agreement/contract on payment of £1.00 separately to owners

First Steps READ THIS:- you are summarising from what site in your comments?

SAR Request is non payment and they have 30 days to respond,, always useful to see what they have. = 3 seperate request

CPR31.14 goes to the solicitor named on form

[MIKE770]

How do I reply to the Notice of proposed allocation to the small claims track form I have been sent by the court please. I believe once the matter gets to this court you can not request the documents I requested.

What form No have the court sent you allocation? this case is further on than originally thought?


The Allocation Questionnaire (Form N149 or N150) is sent to all parties. The court uses the responses to decide which track the case will be allocated to, and where the case will be heard.???


Defence did you send one within time limit?

& Did you receive a pre court letter i.e. PAP letter ( letter before action new type) Pre-Action Letters

[MIKE770]

@
des8


@r0b

[Suegwen]

Yes I received pre court action letter and I sent defence in good time to court asking for all the CCA and notice of assignment documents, all I have received is notice of proposed allocation.

[MIKE770]

O.K. bit quiet at the moment have asked others to pop in probably to-morrow

[Suegwen]

Actually I probably haven't been clear, what it is I want to know if possible is:- I have written to the plaintiff to request original credit agreement between Talk Talk and myself and the deed of assignment, in the meantime the court wants to move the case to the small claims court if I agree. As the plaintiff JC International have not as yet supplied the documents requested would I lose my rights if I went to the small claims court.ie: would these documents still be required for a judgment to be made.

[MIKE770]

under £10,000 always small claims court not if you agree!

[Amethyst]

HOw did you get on with this Suegwen

[samsmoot]

I now this is a bit of an old thread but I came here via Google looking for info on this business. A friend received a claim from them so I'm helping.

I have no paperwork but the debt is probably enforceable in theory, or maybe not depending on the agreement and subsequent assignment from the original creditor. So I thought the best thing is to say no communication had ever been received from JC International, which is at least going to allow a Defence to be put in, but I also requested that the court order that the company pay a deposit into court in case they lose - this would cover Defendant's costs which they wouldn't be able to enforce because the company is US based and are claiming from their US address.

I didn't research it much but I quoted the applicable Practice Direction and told the court that it can make such an order and why. I don't necessarily expect it to work but I like to throw in whatever I come across and hope for the best - a scattergun approach to law is my thing. If it goes to a hearing I have seen it indicated that a non-domestic Claimant can be forced to attend, so if that does apply we'll add that in.

They will never collect a penny of the debt so may as well have some fun and games along the way.

[samsmoot]

Both sides filed a DQ a month ago. No action since. Hopefully this won't go any further but requesting an Order forcing attendance of the US Claimant would be next if that is a possibility. Haven't yet checked. Here's the actual Defence anyway:


The Defendant disputes the whole of the Claim.

The Defendant has no legal relationship with the Claimant and this is the first time she has heard of or from them. The Claimant's assertion that the Defendant was notified of a debt which had been assigned to the Claimant is untrue. The Defendant has received no notice from this claimant regarding an assignment of debt nor any formal demands for payment from them.

In any even the Defendant wishes the court to consider the
Defendant's unfair inability to recover costs if successful in
defending the Claim due to the Claimant being based outside of the jurisdiction of the Court, and therefore the Defendant wishes to make an Application, with the Court's permission, and without a hearing, for an Order for Security of Costs, in accordance with Practice Direction 23A. An order for Security for Costs can be made by this Court if it is satisfied (with regard to all the circumstances of the case) that it is just to make such an order.