Moriarty Law/ JC International - Send Help!

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Hello, wondering if anyone could help me.

In Jan 2012 I took out a 12month minimum term contract with Talk Talk. In June 2013 so outside of my minimum term I moved to Sky. I rang talk talk to cancel (you had to give 30 days notice) but apparently they have no record of this. Sky began providing my telephone and broadband services from July 2013. Sky gave me a new telephone number which meant that as of July 2013 the subject matter of the talk talk contract ceased to exist.


Now my memory is hazy as its been almost 6 years but I seem to remember talk talk couldn't accept our relationship was over and continued to charge me a direct debit. The last one was taken November 2013. I seem to remember claiming the wrongly taken DDs back via a direct debit indemnity at the time. I am unsure of how this works and whether the refund would have come out of talk talks pocket or my own banks.


Since then a few debt collectors chased me in the intervening years but all backed off when I told them my tale.


Fast forward to July 2018. I received a letter from these moriarty law people who said I had a contract with talk talk up until Sept 2014 (15months after i moved!) and were threatening me with a ccj for £324.72!! And we have been playing a game of letter tennis ever since.


First they sent me a copy of talk talks terms and conditions and pointed me to a clause 10.4.2 which stated cancellation of a broadband contract had to be in writing and asked me to provide proof of my having written to cancel. I responded by helpfully directing them to clause 10.5 which related to the termination of the contract which stated that ending the contract could be done via the phone. I also contacted talk talk to confirm that cancellation could be done by phone.


Then, after a couple more tennis rounds I told them the subject matter of the contract ceased to exist in July 2013, they asked me to provide proof of this so I sent them my sky bills.


The latest letter off them says they have sent the evidence back to their client, they will contact me again on receipt of further instructions and "in the meantime, the account will remain on hold and collection activity has been suspended".

Are they likely to come back to me now? I'm worried because I can't prove I made a phone call to them other than the fact that Sky have been providing my services since July 2013. From my knowledge of contract law the fact the subject matter of the contract ceased to exist means in any event the contract became frustrated and therefore void. Also does anyone know at what point this would become statute barred? I left in Jul 13 but they were still taking dds until Nov13 which I claimed back but reckon I had an account with them until Sept 14!!!

Talk talk have not provided any service to me since Jul 13. Absolute clowns. I would love to see what they think they have been billing me for. Obviously if they checked my "account" they would see no phone calls or internet downloads since I left and went to sky?

Comments

  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    Hi,

    It’s not up to you to prove anything, that’s there job.

    The debt will become statute barred 6 years after the account defaulted.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • D_M_E
    D_M_E Posts: 3,008 Forumite
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    If you can fremember details - username, password - try logging in to the TalkTalk account which you had.

    You never know, it might still be accessible and if it is it should show the status of your old account.

    No harm in looking if possible.
  • fatbelly
    fatbelly Posts: 20,504 Forumite
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    lizsara wrote: »
    . Also does anyone know at what point this would become statute barred? I left in Jul 13 but they were still taking dds until Nov13 which I claimed back but reckon I had an account with them until Sept 14!!!?

    It's sounding like September 2020
  • fedupwithBWLegal
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    Hi,

    Did you get anywhere with these clowns please?  JC International now appear to be using a company called BW Legal to pursue TalkTalks erroneous accounts.  I sold a property in July 2016, and they are pursuing me for an account that was apparently set up in my name at that address in September 2017.  I have written to them (by recorded delivery) using the template letter, and again clarifying the change in property ownership.  They have then written requesting evidence that I was not receiving the service... I have directed them to HM Land Registry - beyond that I don't know how I can demonstrate to them that I have not received a service that I didn't even know existed at an address I wasn't living at.  Does anyone have any ideas?  I thought I could send them my council tax bill or broadband bill for my new house, but this wouldn't demonstrate that I did or didn't have a service at another address.

    I have tried phoning them to discuss, but they request personal data (that I know they are not in possession of, eg. email, phone number, DOB, etc) to complete their security checks before they can discuss the case.  When I refused to give them this information (as they don't have anything to check it against and I don't think they are entitled to my personal information) they were then unable to discuss the case on the phone.

    I have today received a letter saying that as I haven't contacted them they will be commencing legal proceedings in 14 days, yet we have corresponded by letter, so they are clearly just using bully boy tactics.  I am getting fed up of repeatedly sending letters to them via recorded delivery when they clearly don't read them - a waste of time and money.

    Does anyone have any advice on what to do next - if they did take it to court I'd like to think common sense would prevail (which BW Legal don't appear to have any of), but I obviously don't want it to get to that stage.  I am inclined to now refer it to the FCA, but wondered if anyone else has experience of similar situations?

    Thanks,
  • Galloglass
    Galloglass Posts: 1,284 Forumite
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    I'd like to think common sense would prevail (which BW Legal don't appear to have any of), 
    That is an accurate description. This is a volume business. They have (according to court papers backed by a statement of truth) at least 1mn debts they are collecting with only 6 solicitors. You will get more sense out of a brick wall.

    Standard advice applies. Send them a provit letter and you might also want to send a Subject Access Request to them and to Talk Talk. Why should you do all the running around for paperwork when you can get them to provide it for the cost of a few stamps.
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  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    edited 25 March 2020 at 7:25PM
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    Good advice above, and just so you know, you cannot send individual complaints to the FCA, the FOS are the complaints handling body set up by Government, so its them you should be referring BW Legal too.

    But you can do this only after you have complained officially, in writing to BW first, otherwise the FOS cannot become involved, BW have 8 weeks in which to issue you with a final response, you then have the option of involving the FOS.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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