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Merligen/Moriarty claimform - 2013 Spark Energy debt


Jase1982
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Ok, I'll have a look later for the council tax bill as I kept a lot of old paperwork from that period.

 

I'm a little hazy on what I can do to challenge the amount though if they have a bill with my name on it. In the event I can find the council tax bill and prove I lived there, surely that just cements their case?

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Its proving when you didnt live there and that its an estimated charge that you wish to establish

We could do with some help from you.

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Sadly, I've been unable to locate anything to prove when I did and didn't live there... The bill Moriarty sent me is from March 2013 to August 2013. Spark Energy did come back to me and said they are looking into my SAR request.

 

In terms of proving whether the bill was an estimate - I would have thought that would be a given as the bill has an E next to the usage?

 

Can I please have some help on what to file as a defence?

Is it worth challenging whether I am liable for the debt as surely the onus is on them to prove I am liable,

and that if indeed I did live at that property,

it would have been myself that was responsible for the energy costs?

 

I just need some pointers with how to word my defence.

 

Thanks in advance.

Edited by dx100uk
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defence is due by 4pm Monday.

 

I don't think is worth your while disputing what you've been charged as such.

£17PCW dual fuel is quite good.

I would suspect that when you moved in, the supplier was already spark and it simply carried over with them but on a higher than usual trarrif that one that you could have got.

 

what you have be bear-in-mind here is the judge will ask you know doubt..well who did you pay then for your energy whilst renting the property..

it seems you paid no-one.

 

bar what you have, has there been any response to your CPR?

 

you could PHONE the relevant CTAX council and ASK THEM what dates they have you liable for CTAX at that address [you did pay the CTAX didn't you?]

that might help

BUT at £16PCW its not going to shave off much I doubt..as you WERE living there and you cant dispute that.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The response to the CPR I had back was what I attached earlier in the thread. It was just a bill. They didn't send me details about the notice of assignment or anything like that.

 

How can they prove I am liable though? In reference to an earlier post in the thread -

just because you were 'an adult' in the property gives no-one the right to assume you entered into consumer/supplier contract.
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yes but, things have moved on.

 

so,,

who did you pay for your energy whilst living there?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No one as far as I'm aware, it was literally only a stop gap for a few months.

 

It's sounding like this should be damage limitation? As far as I'm concerned I'm not liable because we had no rental agreement and the money we were paying was pure profit directly to our friends at the time. But, I don't believe I can prove any liability one way or the other. I know that if I did contact the council representing the residence in question they would confirm that I paid council tax there for that period.

 

Obviously at this stage I'd be happy putting forward my best argument and to aim to negotiate a settlement at mediation. Purely because I don't know how to argue the case.

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wel. that's as maybe

but they've got to prove you signed up for spark

and they've got to prove notice of assignment to them.

neither of which they have to date.

 

you lived there for a while, but how are they going to prove that too?

 

in their poc do they actually mention any address this debt was from?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No, they didn't mention any address. The address is on the bill they sent me, but there was nothing on the claim form.

 

I'm in agreement with the above, but what should I put as my defence? (When they, like most DCA's, don't seem to think they need to provide all the relevant supporting information when making a claim)

 

At present my defence consists of "I contend I'm not liable, prove it" :razz:

 

In terms of them proving I lived there at all, they could look at my credit file. It's listed as a linked address as I checked recently, but I can't see them going to those lengths to make a case??

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I will pretty much guess that the people who you 'rented' off were the ones that gave spark your address

the bill is dated 13th nov a full 2mts after you left there

 

and funny how they have exact dates re:

15-3-13 a Friday in

 

31-8-13 a Saturday. out.

 

but why you've received nothing to date till the claimform..?? puzzles me.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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To be clear, we may have received something but if I don't know anything about something it usually goes in the bin. However, Moriarty should still have sent me any letters they sent me as part of the CPR 31:14 request.

 

Still not sure what to do in terms of a defence? I think my plan of action should be to write a basic defence and hope they drop it. They can't prove I'm liable for the debt, other that we have a bill with my name on it.

 

You're probably right about how they got my details. Would be interesting to see what Spark throw up as part of the SAR.

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have they replied to your CPR or sent any docs since the claimform?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

have we seen it please?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

as yes remember that now sorry cag and the internet are very poor for me at present.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

is this on your credit file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok good even more evidence of the original creditor doing nothing with it so you didn't have a clue the debt even existed

lets see what we can come up with before 4pm today.

new one to me though so a generic defence wanting further info/proof is all we can file I think??!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok thanks, any help is greatly appreciated. I kind of know that I need to be saying I knew nothing of it, they haven't followed protocol, and can not prove liability - The claim form doesn't even say what property it's for. I'm just struggling with how to word it.

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1.THE DEFENDANT OWES THE CLAIMANT £304.79 IN RESPECT OF GAS/ELECTRICITY CHARGES SUPPLIED TO THE DEFENDANT BY SPARK ENERGY LTD (DEBT) WHICH DEBT WAS ASSIGNED TO THE CLAIMANT ON 12/5/2017 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 12/5/2017.

 

2.DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY

 

3.AND THE CLAIMANT CLAIMS £304.79 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE county court ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £24.38.

 

…………..

 

Defence

 

 

1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. Paragraph 1 is denied .The Claimant claims £304.79 is owed under a gas/electric charges bill with Spark Energy in 2013. I do not recall ever signing/agreeing to any contract with Spark Energy and have sought verification from the claimants solicitor by way of a CPR 31.14.

 

3. Paragraph 2 is denied The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on xx/xx/xxxx from either the Claimant or spark energy.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into the contract; and

(b) show and evidence any cause of action and service of a Default Notice

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request, copies of the documents referred to within the Claimant's Particulars of Claim to establish what the claim is for. To date the Claimant's solicitors, Moriarty Law, have only sent one dual fuel bill with estimated reading from an address I was resident at for a very short period, but believe all utilities were met through payments to the landlord. the Claimant has failed to fully comply with this request. I have never to date of the claim seen or received any other notification from the supplier nor listed via credit files etc, that this debt has ever existed nor was outstanding.

 

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

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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