Merligen investments/spark energy. CCJ appeared on credit file

[cankster]

Good morning Beagles,

In June this year I checked my credit file and was stunned to see I had a CCJ for £112. I immediately phoned the court for more info and they advised the CCJ was from a company called Spark Energy.

I had minor dealings with this company when I moved into a house in April 2015, they sent letter demanding money for electric used when I had never signed up with them (I was with NPower), after discussion it transpired the old tenant used Spark and they wanted me to pay for the time between them leaving and NPower taking over.

Unfortunately the bill provided by Spark was an estimate and they would not give me a accurate breakdown of how much I owed vs what I had used, I advised them to provide an accurate bill and I would pay it, they never did/could.

I vacated the property on the 23rd July 2017 and phoned Spark (as with all other contact) and gave them my new address details. I also left forwarding address etc with new tenants.

I heard nothing from them until I saw the CCJ in July 2018

After phoning the court I quickly completed a N244 set aside, witness statement and draft order (attached).

Hearing date has been set for the 7th Sep and it is ordered that -
1. The defendants application be listed with a time estimate of 20 minutes.
2. The Defendant to provide evidence of the date when he moved into xxx and bring to court hearing.

Now I have heard nothing from Merligen or Spark so what do I do?

Do I need to sent the prove it letter or the CP$ 31.14?

Any advice hugely appreciated.

[Amethyst]

All looks fine.

I would send a SAR to Spark and a CPR 31.14 request to Merligen ( IF you have a copy of the claim particulars ? - did you get a copy from the court? - a 31.14 request can only ask for documents mentioned in a statement of case, so you need the statement of case - it is likely it only mentions a contract and possibly an overdue balance - so that might not get you the information you need - a SAR to Spark will get more information BUT is unlikely to be received in time for the hearing to set-aside - it should help with your defence and you can tell the court you have sent a SAR to assist with your defence etc. )

I'd try get a copy of your phone records for the date ( 22nd July 2017) you called them to inform them of the house move before the set-aside hearing though, in case the call is denied by the other side.

Also you requested a breakdown of the bill etc as stated in your WS, if you did that in writing take copies of the letters.emails with you.... and any other letters you have sent since finding out about the judgment to show you have made every effort to get this resolved.

[cankster]

Thank you Amethyst,

I do not have a copy of the claim particulars, nothing has been sent by the court or Merligen - Is it worth trying to obtain these now?

Phone records I do not have unfortunately, however I do have copies of letters sent which contain my email address that were sent asking them to prove the debt.

Should I send these to the court or just turn up with them on the day?

[Amethyst]

I'd take them along, you haven't mentioned them as exhibits, but if Merligen show up and deny you tried to obtain information etc you can tell the Judge you have copies of the letters sent. If you can get the phone record from last July showing you called them that might help if they deny the call was made.