Notice of Intent from Moriarty acting for So Energy

[Greenorwhite]

Received a claim? No
Issue Date:
Have you Acknowledged the Claim?: No
Total Amount £1800
Claimant’s Name: So Energy
Solicitors Firm: Moriarty
Original Creditor: So Energy
Original Debt utility services gas/electric
Particulars of Claim:
Is the debt Statute Barred- not statue barred
List any letters you have sent (eg: CCA/ CPR ): request for proof
Any Other Information or Background Details: previous utility bill which I couldn't afford the monthly repayments, changed supplier at the start of 2025 with an outstanding amount.

Hi

I have received a Letter before claim dated 1st March 2026, titled Notice of intent from Moriarty Law on behalf of So Energy for a utility debt of £1800. I asked for proof and they have supplied a Final Bill from February 2025 and a Statement of Account.
Copy of the letter is here:
*************************
Dear xxx

30 DAY NOTICE OF INTENTION OF ISSUING COURT PROCEEDINGS

So Energy has instructed us to recover the sum of £1,838.66, which you owe for the use of utility services.

In accordance with the government’s Pre-Action Protocol for Debt Claims, we are writing to warn you that we will begin court proceedings if the debt remains unpaid.

The particulars of the amount due refer to your agreement with So Energy, which started on 04/09/2023. This contained provision for you to pay interest and charges, which are not continuing. We can share a copy of the agreement’s terms and conditions with you if you would like to see them.

So Energy wishes to resolve the matter amicably, such as with a reasonable repayment plan or using an Alternate Dispute Resolution (ADR) procedure.

Please be assured that we are extremely conscious of the impact that the current economic climate is having on a number of people and if you are affected by this, please ensure you communicate that to us.

Please respond to this letter within the next 30 days by either visiting our website to arrange payment, calling 0203 126 4544, filling out and sending the enclosed forms to the address or e-mail above or arranging payment using one of the methods detailed overleaf.

If we do not receive a response from you, we have been instructed to issue proceedings in the county court, which would add to your debt as follows:

Court fees: £115.00
Solicitor’s costs: £80.00
Interest: £147.09

The issue of proceedings and any consequential judgement in our client’s favour would therefore result in your debt increasing to £2,180.75 which our client is keen to avoid.

We look forward to hearing from you.

Yours faithfully

Moriarty Law

************

Would Moriarty need to provide proof of the original contract with So Energy or can they proceed with court proceedings based on the Final Bill and the Statement of Account.
Do you think my best course of action at this stage is to agree a monthly repayment amount before a Letter of Claim is issued?

Many thanks

[echat11]

I would write to them, but make sure you write 'Without Prejudice' on the letter (if the matter goes to Court they can't use the letter against you).

Thank them for their letter.

Ask them for a copy of the agreement as stated in their letter:

'In accordance with the government’s Pre-Action Protocol for Debt Claims, we are writing to warn you that we will begin court proceedings if the debt remains unpaid.

The particulars of the amount due refer to your agreement with So Energy, which started on 04/09/2023. This contained provision for you to pay interest and charges, which are not continuing. We can share a copy of the agreement’s terms and conditions with you if you would like to see them.'

Explain that you would consider ADR if they can provide further details.

That way you have responded to their letter. If your happy with ADR, they already stated:

'Please be assured that we are extremely conscious of the impact that the current economic climate is having on a number of people and if you are affected by this, please ensure you communicate that to us.'

So go into ADR make an offer, something you can pay, discounted £1,800, example £1,200 over 18 months etc.

[Greenorwhite]

Thank you ECHAT11.

At this stage is corresponding by email ok - they already have my email address which is where they sent the Final Account and Statement, although this letter before claim was postal.

If I ask for the original Agreement, and if they cannot supply it, can they still go to court?

ADR - I was going to ask what that would involve, but having re-read your advice, they would supply details for considering that option.

So the important thing here is to engage with them now, ask for the original Agreement and after receiving that, write again to them to try to come to an agreement without further recourse?

[echat11]

a) At this stage is corresponding by email ok - they already have my email address which is where they sent the Final Account and Statement, although this letter before claim was postal.

Yes that's o.k.

b) If I ask for the original Agreement, and if they cannot supply it, can they still go to court?

Service agreements aren't regulated by the CCA 1974, so yes they can, but lets see what they provide.
They normally say it's a 'simple contract' so they don't need one.

c) ADR - I was going to ask what that would involve, but having re-read your advice, they would supply details for considering that option.

They are aware that people are struggling, so may / will negotiate on that.

d) So the important thing here is to engage with them now, ask for the original Agreement and after receiving that, write again to them to try to come to an agreement without further recourse?

Yes, but you need to check the billing they send you to make sure it's 100% correct. If the energy company made mistakes then maybe 'back billing' might apply.

[Greenorwhite]

Thank you, I will update when I hear back from them

[Greenorwhite]

I seem to be having issues - I tried posting an update yesterday and the day before but it is not showing.

[echat11]

I seem to be having issues - I tried posting an update yesterday and the day before but it is not showing.

This post can be seen, try deleting cookies.

[Greenorwhite]

This post can be seen, try deleting cookies.

Hi, this is what they sent to me:

****************************
Our Ref: XXXXXXXX
Dear XXXXXXXX

Thank you for your email, the content of which has been duly noted. Please accept our apologies for the delay in our response.

We can confirm that we are acting on behalf of our Client, So Energy Limited, to arrange collection of a debt for £1,838.66.
We note that you have requested a copy our Client’s agreement terms and more information on the Alternate Dispute Resolution (ADR) procedure.

Please find a copy of So Energy’s agreement terms attached to the email in addition to a copy of the bill and a statement of your So Energy account.

The ADR procedure refers to the fact that we are always more than willing to seek to reach agreement in relation to setting up an affordable payment plan or resolving any disputes you may have.

This is a priority debt, and our Client requires the balance to be cleared within 36 months. We kindly request, therefore, that you let us know by 16/04/2026 if you can pay the balance in the required 36 months (£51.07 per month).

If you cannot afford to pay £51.07 per month, please ring us on 0203 126 4544 to discuss this matter further with a member of our team.

Please be assured that we have placed this matter on hold for the following 30 days (16/04/2026) to prevent any activity whilst we await your response. If we have not heard from you shortly before the hold is due to expire, an email reminder will be sent to you.

Please ensure that contact is maintained, as if the hold expires, we may issue a County Court Claim to recover the debt outstanding which could result in a County Court Judgment. If a County Court Judgment is issued it will remain on your credit file for 6 years unless it is paid in full within a calendar month from the date of issue.

In addition, we can confirm that once the full balance has been paid, our Client will update any default they may have registered on your credit file as fully satisfied.

We also kindly ask that you respond to this email with your consent for specific communications regarding your account to be sent directly to your email address. This will enable easier access to our correspondence where you will not be required to pass additional security checks to view our documents, as well as keeping you suitably informed of any future actions required to your account. Please note that your consent can be withdrawn at any time.

You have the option of obtaining assistance from the following not-for-profit organisations that offer free, confidential and impartial advice should you require it:
(gives details of Stepchange etc)

Alternatively, you may wish to seek your own independent legal advice from a solicitor or Citizens Advice.

There may be some issues we are not best placed to advise on, but we can still point you in the right direction. Additional organisations and types of support are also listed on our website at www.moriartylaw.co.uk/useful-links.

Our website is available for the majority of our Client’s customers. You can sign up or login at www.moriartylaw.co.uk where you can make payments, set up arrangement, update contact details, chat to us via webchat and view your case via the customer dashboard at any time.

Kindest Regards,
Moriarty Law Limited

***********************

They didn't send a copy of the Agreement but they did send the generic terms.
They also say this is a priority debt - surely not as So Energy are not my supplier anymore?

With regards to ADR, does what they have said above simply mean "we are open to coming to an agreement, either directly with you or through national debtline etc".

I can't afford their suggested repayment but I don't want to phone them.

What would you think would be the best way for me to reply?

[echat11]

a) Have you checked the energy statements sent, are they correct?

b) Is there a 'background' to the energy account / billing?
i.e. they only sent estimated readings, they never visited to get actual readings etc.

You maybe able to negotiate on the outstanding debt is there is an error on So Energy's part.

c) They didn't send a copy of the Agreement but they did send the generic terms.

Is there a date / reference number on the 'generic terms' (normally side or bottom of page)?

d) They also say this is a priority debt - surely not as So Energy are not my supplier anymore?

What they mean is 'priority' and 'non-priority' debt.

Energy is a 'priority' debt, credit card would be a ''non-priority' debt'.

e) With regards to ADR, does what they have said above simply mean "we are open to coming to an agreement, either directly with you or through national debtline etc".

Well it means they would rather not go to Court, so explore resolution solutions, so that doesn't happen.

f) I can't afford their suggested repayment but I don't want to phone them.

They know a Court will only make you pay what you can afford, so if that's £5 a month, so be it.

Fill in an Income and Expenditure form, take into account the cost of living, give yourself some 'leeway', so your not
committed to paying an amount you can't. Mark the offer letter 'Without Prejudice', amend it to suit your circumstances,
make sure you get Proof of Postage.

https://nedcab.cabmoney.org.uk/splash-3.asp

https://www.citizensadvice.org.uk/de...itor---letter/

Think about it, update the thread.

[Greenorwhite]

Thanks for the swift reply.

a) Have you checked the energy statements sent, are they correct?
b) Is there a 'background' to the energy account / billing?
i.e. they only sent estimated readings, they never visited to get actual readings etc.
The closing readings were 'customer read' readings, so I would have submitted them myself. One would assume the statements were therefore correct as I would not have any way of disputing them?

c) They didn't send a copy of the Agreement but they did send the generic terms.
Is there a date / reference number on the 'generic terms' (normally side or bottom of page)?
The only date I can see is at the end where it says ©2026
Looking at it, it is a direct pdf copy of the Terms and Conditions currently displayed on So Energy's website.

I'll have a look at and think about the other aspects, but I thought I'd get a quick reply back for a), b) and c).