CCJ Merligen/Moriarty Law - old flow energy debt.

[buxs]

Unfortunately due to my disability, I've been unable to deal with a few debts being predominantly bedbound and I'm trying to go back and clear this up to the best of my ability although I am still housebound.

I received a letter stating I have not replied to a claim form and ordered to pay £460.

I do not remember the exact circumstances to this issue but I am sure it's energy supplier who has passed on my details although last I knew it was with the energy ombudsman disputing the outstanding balance back in 2019. I assume I spoke to debt collectors once and that was to explain that the issue was being disputed with financial ombudsman.Â*

I'm assuming the only thing I can do is ask the judgement to be set aside? Does this just restart the whole process again? What happens or what are my options if I cannot attend court due to my condition?

 

Incase you need this to:

 

(from judgement letter only no claim pack ever received)

 

Name of the Claimant ? Merligen Investements Limited

 

Date of issue – 12-MARCH-2020

 

Particulars of Claim

 

What is the claim for – 

 

1.THE DEFENDANT OWES THE CLAIMANT £326.95 IN RESPECT OF GAS/ELECTRICITY CHARGES SUPPLIED TO THE DEFENDANT BY FLOW ENERGY LIMITED (DEBT) WHICH DEBT WAS ASSIGNED TO THE CLAIMANT ON 01/11/2019 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 01/11/2019.

 

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

 

3.AND THE CLAIMANT CLAIMS £326.95

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 £26.15.

 

What is the total value of the claim? 351 + 107 cost

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I think thet called me once

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO

 

Did you inform the claimant of your change of address? NO

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? NO

 

When did you enter into the original agreement before or after April 2007 ? After April 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not as of yet

 

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. Orginal debt was with Flow Energy

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I received a phonecall saying they were chasing debt on behalf flow energy 

 

Did you receive a Default Notice from the original creditor? Not that I am aware

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that I am aware

 

Why did you cease payments? I was disputing the outstanding balance with Energy ombudsman and I couldn't afford to pay debt + higher rate energy direct debit due to low income/disability 

 

What was the date of your last payment? March 2019

 

Was there a dispute with the original creditor that remains unresolved? Yes although checking back on my emails the ombudsman had made a decision i wasn't aware of but they gave me a bill after winter with estimated bills. I think they didn't take money out after the discussion and then they chased me up and put payment plan and instead of taking what agreed they added £100 more. They corrected this but i still couldn't offered to pay for both the debt and current energy bill. They did not take my disability or low income into account and i took it to the energy ombudsman and switch suppliers in the mean time.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I told them i couldn't afford to pay debt + energy bills. They would not let me pay lower than £40.

[dx100uk]

yep a classic stunt for M/M to do, lots here already, backdoor CCJ on an old flow energy debt, with everything filed to the old address the bills were from.?

 

2 things..

ring northants bulk tomorrow and ask for a copy of the CLAIMFORM by email pdf.

. if they don't have it ask them to read out the particulars of claim box text ....RECORD THE CALL.

also ask them the address the claimform was sent too.

 

then look thru your old letters and findout if you ever gave flow energy your correct and present address ?

as it's always amazing how everything M/M do is sent elsewhere but magically when it comes down to requesting a default court judgement they always quote them the correct address to send it too..funny that eh? almost as if they did it on purpose..no never be that sneaky would a dca or their mates....

 

should be easy to set this aside once we have the details.

 

dx

 

[AndyOrch]

Hi  buxs and Welcome to CAG

 

So you have not changed address and this debt has no connection to a previous address...simply a case of none receipt of the court claim ?

 

Andy

[buxs]

Hi,

Thank you for the fast replies.

 

I have not changed address since this process I've been same address since 2010.

 

The "debt" was with the Energy ombudsman March 2019 but looks like flow sold it on despite this.

I can't be 100% certain as several debt dispute and one with another energy supplier that went under but wanted more money.

Honestly I have a really bad time with them especially with their surprise bills.

 

Regarding this I am now able to mobilise inside the house although very limited and with cognitive function at a level where i can tackle this i'm trying to tackle all the issues that occurred while i was down.

What i don't want is the stress to exacerbate my condition and be bedbound again.

 

I'm going back through all unopened post and i do not see one from the courts just a letter from moriortylaw from 24/02/2020 of court proceedings and yesterdays judgement in default. 

 

Unless there are some letters missing i don't see the court one. 

[dx100uk]

did you ring northants bulk?

no good guessing till we get the truth of what is on the claimform POC and the address it was sent too..

[buxs]

oh no i didn't know what that was but ill give them a call

 

I'll give them a call tomorrow and update the post with what they've said

[dx100uk]

record the call ask the questions as post 2

[buxs]

Yep i've just downloaded Cube ACR and tested it out all set.

[buxs]

Good morning 

 

Just got off the phone with County Court Business Centre sounded some what reluctant to help as there's already been a judgement but after explaining i was looking for a way to challenege this is what they sent me;

 

Quote

Good Morning.

 

Particulars of claim as requested:

 

THE DEFENDANT OWES THE CLAIMANT £326.95 IN RESPECT OF GAS/ELECTRICITY CHARGES SUPPLIED TO THE DEFENDANT BY FLOW ENERGY LIMITED (DEBT) WHICH DEBT WAS ASSIGNED TO THE CLAIMANT ON 01/11/2019 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 01/11/2019. DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY AND THE CLAIMANT CLAIMS £326.95 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 £26.15.

 

And he has said the address on the claim form should be the same as the one I provided.

[AndyOrch]

Quote

should be

 

Either it is or it isn't ?...makes the world of difference to your intended set a side.

[dx100uk]

[dx100uk]

oh and it's the usual M/M one too.. 

1 hour ago, buxs said:

THE DEFENDANT OWES THE CLAIMANT

wrong!

I bet the claimant is Merligen on the judgement?

 

so tell me...how does a debt buyer supply you with gas/electric??...

[buxs]

I'm about to call them back to double check the address again is there anything else i should ask them.

It's strange because he said the claimant was flow energy but on the document i have it say merligen investments with moriarty law as the address 

[buxs]

OK so they said it's my address; It sounds correct.

I did notice the address was cut off due to envelope the first characters/door number was  missing. 

Probably grasping at straws but seems strange  I would receive both correspondence but not the claim form

[dx100uk]

so in your previous letters have you a 'letter of claim' from moriarty law then?

 

 

dx

 

[buxs]

It's just a letter dated 24/02/2020 that they have issued court proceedings and them client has instructed them to enter judgement in 14 days from moriartlaw

[dx100uk]

where is the letter of claim that Moriarty must send 30 days before requesting northants bulk raise a court claim against you upon the claimants behalf?

have you got it?

or is the letter you mention here the ONLY other communication you have?

 

what letter from whom do you have and their dates?

why not scan them up 

read upload CAREFULLY use ONE multipage PDF only!!

 

dx

 

[buxs]

This is the only letter i have plus the judgement

ML Court 24022020.pdf

[dx100uk]

that's a very misleading letter

as it shows the originator as flow energy but does say who moriarty's client are ,

but ofcourse we know its merlingen as they are the claimant listed on the judgement ccj.

 

so:

no pre action protocol 'letter of claim' issued by moriarty - so have broken the PAP guidelines.

no claimform pack from northants bulk court - so you were removed from the opportunity to defend.

seriously in dispute before debt sale to merlingen

 

I think that's got everything for a seta side

let andyorch check things 1st mind.

 

 

 

[buxs]

What's the next step can i get it put aside and can i go back to arguing with flow energy again?

[AndyOrch]

Can you upload a redacted copy of the Notice of Judgment ?

[buxs]

Here it is

 

JudgementMerligen.pdf

[AndyOrch]

54 minutes ago, buxs said:

What's the next step can i get it put aside and can i go back to arguing with flow energy again?

 

Flow Energy no longer own the debt...you are now liable to Merlingen....as the legal owner of the debt...although I doubt you ever received notice of the legal sale by way of a Notice of Assignment. ?

 

Okay the fee to set a side is currently £255 with hearing and £100 without...you use the N244 to make the application..you can request costs within the application and if successful overall you will be awarded costs.

 

Use box 10 to state an initial outline of any proposed defence.

 

You attach a draft order to the application requesting what order you wish to make.

 

 

[buxs]

Is the only legal defense I did not receive the claim forms?

 

What about mitigating circumstances such as my health and flow energy sold the debt while it was still in dispute or are those completely irrelevant?

 

What about the things pointed out in this thread should i add those too or courts won't care?

 

Also is there a legal defense to offering payment and it being refused? 

[dx100uk]

defence not defense.

 

they have to date not provided any paperwork as it was a backdoor CCJ.

that removed your right to defend the claim

 

it being in serious dispute, going to the ombs service etc etc and most probably not correctly billed is a reasonable basic defence.