BW Legal claiming a Talk Talk debt bought by JC International.

4valueguy

Hi All,

I have send the standard letter to challenge the debt chased by BW Legal on behalf of JC International and received the following responses.  Please someone advise me where I stand with this claim.  

1.‘Please arrange to produce the written agreement between us and Talk Talk per Consumer Credit Agreement.’
As pleaded within Our Client’s claim, the sums due under the same relate to a non-regulated telecommunications agreement. There is no statutory requirement for Our Client to provide a signed copy of the agreement. In any event, it is not unusual in non-regulated telecommunication provider agreements for there not to be a signed contract. As is the norm, such types of agreements can be taken out over the phone, online or in store.

2. ‘I believe the onus of proving that this debt remain unpaid rest with the claimant.  As far as we are concerned, we don't own any monies to TalkTalk.’

 It is Our Client's position that the sums claimed remain unpaid and that you have not supplied any evidence to the contrary. Should you wish for our Client to consider the matters raised, we would ask that you provide evidence in support.

3. BW Legal's assertion to JC International's right for the debt is as follows.

"Please find attached to this letter, a copy of the Notice of Assignment that was sent to you by Our Client at the following address of: 248 Oldfield Lane North, Greenford, Middlesex, UB6 8PR. Please note that this is also your current address.

The notice of assignment was served in accordance with the provisions of section 136 of the Law of Property Act 1925 and identifies that the account has been legally assigned to Our Client to recover the sums claimed. The letter further clarifies that BW Legal are dealing with the matter on behalf of Our Client.

Following the assignment, the rights and benefits were duly assigned from the Originating Creditor to Our Client."

Both parties have requested mediation.  I would appreciate if someone can advise on the above claims and how I should proceed.

Kind regards,

TE

JenB79

"Talk Talk debt"

ISPs don't usually chase you for money out of the blue. Were you a former TT customer? if so, did you break any minimum term t&c's? You need to put some meat on the bones.

4valueguy

Yes.  I cancelled the contract because of them breaching their terms and I disputed their cancellation fees.  They didn’t respond but sold on the debt.  

It is not about who breached the terms now.  It is more about whether JC International has a legal claim. 

4valueguy

I am looking for someone familiar with these claims to advise on the validity of a third party to claim the money and who is responsible to prove this claim is indeed valid.

Neil_Jones

4valueguy said:

Yes.  I cancelled the contract because of them breaching their terms and I disputed their cancellation fees.  They didn’t respond but sold on the debt.  

It is not about who breached the terms now.  It is more about whether JC International has a legal claim. 

Well yes it is actually because people/companies don't sue for fun, they sue for a reason.  You've already said you cancelled it, but not why.  Why did you cancel it and what T&Cs are you referring to?

As to whether there is a legal claim, that's for the courts to decide.  You probably should be asking a solicitor, not a web forum, although that being said a solicitor will probably charge you more to get the ball rolling than the fees being asked in the first place.

JenB79

4valueguy said:

Yes.  I cancelled the contract because of them breaching their terms and I disputed their cancellation fees.  They didn’t respond but sold on the debt.  

It is not about who breached the terms now.  It is more about whether JC International has a legal claim. 

In which case you need to seek professional legal advice. Some solicitors give a free initial consultation (say 10 mins).

Allotment_Lad

Hi 4ValueGuy

Old thread I know...  I was in County Court this week, up against BW Legal who had bought a "debt" from TalkTalk. I won! 

A very sensible judge could see right through them, and was absolutely scathing about TalkTalk's "Customer Service" and their debt collection company - In essence, I wrote to them to cancel the account (their T&C's said it had to be in writing and give 30 days notice) and TalkTalk failed to do so (failed twice actually) and kept the account running accumulating costs. During my period of corresponding with them to sort it out, they sold this "debt" on to JC Acquisitions / BW Legal. They submitted lies and incomplete documentation to the court too. The judge came to the conclusion that my initial letter for cancellation was valid, and the reason they used for failure to terminate " didn't inform them of my new provider" was completely invalid as this did not form any part of the contract T&C's and was, ultimately just a made-up excuse. The judge was scathing about TalkTalk's conduct, and also about BW Legal too.

After BW Legal had scuttled out of Court, I had the pleasure of chatting to the District Judge off the record who said that firms like BW Legal should not be in business. The Judge didn't have very high regard for them, and had come across them 'too many times'. It was good to chat to the Judge and made me realise that they are on the side of the little man who falls victim to sharp practice espoused by the like of BW Legal.

He did say several times during the hearing - "You should not be in County Court for wanting to cancel your broadband service"

Whilst this doesn't help, I trust it gives you some hope against these t**ts - I walked out of court feeling very happy and with a big smile on my face and the satisfaction that the whole saga has actually cost them money. Being familiar with professional fees and charges, I would reckon their total cost/time outlay to be in the region of £600 - more than 3 times the amount disputed.