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Jase1982

Merligen/Moriarty claimform - 2013 Spark Energy debt

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Hi,

 

I received another claim form on Friday from Moriarty Law for a debt related to a Spark Energy account.

I'll post the full details tomorrow as I forgot to bring the claim form with me to work today.

I have no recollection of ever being with Spark Energy,

and the amount Moriarty are claiming is about £300.

 

Coincidentally,

on Saturday I also received a letter from Moriarty Law informing me that I will receive court papers shortly,

and that they would like to still resolve this amicably.

 

Firstly,

I will complete the AOS online tomorrow defending all

- I just wanted to check what CPR request to make of them,

and as this is for a Utility debt whether the protocols are different?

 

I am guessing they still have to present documented evidence in support of the claim?

What should this consist of for a Utility debt?

Edited by dx100uk
spacing

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moved to general legals

 

get a CPR 31:14 request running to the solicitors

[adapt the current account version].. ask for copies of each/all bills for the period concerned mentioned in the POC and any other paperwork they intend to rely under the claim


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https://www.ft.com/content/434fd5d6-ef3c-11e8-8180-9cf212677a57

 

urm if spark don't exist anymore just like flow I wonder who the claimant on the court case really is on both these claims?


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Thanks for the replies... I'll adapt the CPR 31:14 to fit, and post the full claim details tomorrow.

 

Andy, no this case is seperate. I've got no idea where Spark Energy came from, and I'm with Flow currently. Before that I was with Extra Energy, and before that I was with First Utility. I've had issues with all of them, really getting to the point now of despair where Utility companies are concerned!

 

I did see that Spark Energy had crashed out of the sector - Was going to SAR them, does anyone think they would keep detailed records? The claim form doesn't even list an address that debt was supposedly from, or detail a time period.

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Could you upload a copy of the claim form (N1) redacted so we have the claimants details and particulars .

 

Andy


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Here is the claim form I received, and the letter from Moriarty Law.

 

One question

- on the original CPR request for current accounts it requests copies of the default, statement, notice of termination etc.

Do they need to hold all that, and issue defaults for utilities?

There's nothing on my credit file.

I'm just wondering what steps they need to have legally taken.

claimform+letter.pdf

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Name of the Claimant ? Merlingen Investments Limited

 

Date of issue – 12/12/2018

 

Particulars of Claim

 

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.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? [Possibly but the rule of thumb has always been to ignore

 

What is the total value of the claim? £414.17

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Utilities

 

When did you enter into the original agreement before or after April 2007 ? N/A

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No idea

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? N/A

 

What was the date of your last payment? Never

 

Was there a dispute with the original creditor that remains unresolved? N/A

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? N/A

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors as per post 2

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


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Thanks very much, will do that now.

But what about the documents I need to request as part of the CPR?

What should I request other than the bill etc?

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I would adapt the normal CPR 31.14...not the current account version.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31-14-Request-Request-for-information-when-a-Claim-has-been-issued

 

 

Evidence of entering into a contract to supply

Statements for the alleged amount and periods of charge.

Notice of Assignment

Copies of Demands

 

Regards

 

Andy


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certainly notice of assignment from spark to merligen

 

each relevant bill for gas and electric

 

detailed list of any other charges levied by spark or the claimant


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ok, I've filed the AOS and defended all. Have also sent off a CPR request. I'm also thinking of SAR'ing Spark Energy to see what details they hold about me.

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Happy new year everyone!

 

Moriarty sent me the attached.

 

It looks like the bill they have sent me was for an old address I lived at very briefly in 2013, but it's based on estimated usages.

 

What should me next step be?

 

I don't see why I should pay for something that is based on estimates,

 

and on a tariff I wouldn't have agreed to.

 

What should my next step be?

spark dual fuel bill.pdf

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Too right

Estimate and of course you have proof when you moved in and out so can't ever be liable from the full amount

And no actual readings there either


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I'm not sure I have any proof though of when I lived there though. They're claiming from 30th March to 31st August.

 

Can you please point me in the right direction with what to do next? In terms of a defence? I've searched and couldn't find anything exact.

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You need to gather proof of the dates you left...Council Tax bills ? Tenancy date on your new address ?


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Defence is not due till day 33

Get actual tenancy dates... is your priority

Prove you were/we're not there over the bill period


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That may prove impossible to do ... The property they are claiming for was one we moved into, but wasn't exactly recorded. Basically it was part owned by a friend of ours, and part owned by the council. Our friends let us live there for a bit and we gave them rent. We then moved into my parents property, so no records of dates etc...

 

If I can't prove my residence for that time period how can I go about challenging the amount?

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so if your stay there was not exactly recorded..how the beep are you even responsible for the debt?

 

you are talking jibberish here, one or the other,, cant be both..

 

get your story straight, you must have signed up to the supply surely?


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By not recorded I mean there were no tenancy agreements etc. I remember we did pay council tax. The only thing I can think of is maybe Spark Energy got my details from the previous occupants, my credit file, or the owners (our friends at the time).

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butthat doesn't imply you agreed to any supply contract with spark.

 

 

so what dates were you charged and paid ctax..go get that info should prove your dates of tenancy or at least living there.

just because you were 'an adult' in the property gives no-one the right to assume you entered into consumer/supplier contract.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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