Moriaty Law + Utility Warehouse - CCJ help

[openforumgir]

Hi,

This is my first time on this website, so please excuse me if I've posted in the wrong forum.

I received from Moriarty Law claiming that they are acting on behalf of Utility Warehouse recovering a debt of £3093.15 dated from 22/10/2013.

I have moved around a lot in the last few years but have been at my current address for over 2 years yet this is the first I have heard from them. I have absolutely no idea where the debt of £3,000 has come from, I was renting a house with my friend back in 2013 and Utility Warehouse were our energy suppliers.

I have checked my emails and my bank statements, I can find a payment to Utility warehouse in March 2014 for £150 but nothing else.

I should also mention, the property that this relates to, we only lived there for six months until April 2014 and then both moved in with our parents, I don't have my meter reading from that period, as it was so long ago. I think I have a copy of my tenancy agreement somewhere which proves that we were only there for six months.

I can't afford to have a CCJ on my credit file. What should I do? I can't see how we could have racked up a £3000 debt in the six months of living in a 2 bedroom flat. I can't see anything from UW on my noddle report either.

Do I write back to Moriarty law?

Any help is massively appreciated.

[Amethyst]

I think first you should give Utility Warehouse a call and see what you can find out from them. If they are unhelpful you should get a Subject Access Request in the post to them as you need to know where this has arisen. When you left the rental property did you inform Utility Warehouse? Presumably previous letters went to the rental address that the Utilities were supplied to.

Moriarty do say you can have a copy of the terms of the agreement if required so when we reply we can ask them for that, but I'd try talking with Utility Warehouse first.

This you too btw? https://www.consumeractiongroup.co.u...lity-Warehouse ( I was just having a search to see if Moriarty might have just bought a big bunch of Utility Warehouse debts and that came up lol ) Not a problem the advice will probs be pretty much the same

SAR letter example - Subject Access Request Letter

[openforumgir]

Hi, me again! So the update is that I contacted Utility warehouse and asked for a clarification, after being passed around I was told that my file was a mess and that they were unable to help me now that I had been contacted by Moriarty Law. I then wrote to UW with a SAR response on 25/10, however, they are yet to respond, I understand they do have 30 days to do so. I have been sent another chasing letter from Moriarty Law, who I am yet to respond to, but it does say that I have until 15/11 to respond before final court proceedings. Should I go back to them with a prove it letter until I can receive the SAR response? Thanks so much for your help so far.

[Amethyst]

Yes I think that sounds like a good idea. Is this a formal Letter of Claim from Moriarty law ? ( does it have a reply form with it at all or is it just another threat?)

[openforumgir]

Thanks for getting back to me so quickly.

This letter came on its own, without a claim form but is called a 'final demand before proceedings' and it does state that 'if no offer of payment or settlement is agreed within 16 days of the date of this letter (29/10), we have been instructed to issue proceedings in the county court'

[Amethyst]

Okay looking at the first letter that looks like it was meant to be the Pre-Action letter - was there no reply form with that either?

Can you do a quick pic of this latest letter and I'll give you a hand with a reply.

And Utility Warehouse are directly instructing Mortiarty according to the letter so there is absolutely no reason they couldn't provide you with the relevant information, but nice to know that they think it's a mess …. there will be some cock up somewhere (

I suspect the account didn't get closed down when the tenancy ended and either some cock up with readings or the new tenants just didn't inform UW of the change. )

which will just destroy their claim so don't worry too much about it, just needs dealing with.

[openforumgir]

They were initially very helpful, but the poor guy o the phone said that looking at my file, there were notes everywhere. Here's a copy of the 29/10 letter (which didn't arrive until last Friday!) The first letter did come with a reply form, but I haven't done anything with that yet. I can't thank you enough for helping me with this!

[Amethyst]

Okay, probs best thing to do then is complete the reply form and send with a covering letter.



Cover

Dear Moriarty

Thank you for your letters dated 29 October and XX October 2018 regarding a debt allegedly owed to your client, Utility Warehouse, of over £3000. I am sure you will understand this has come as a complete shock as I have had no contact with Utility Warehouse since closing the account in / around March 2014 and am unaware that there was any outstanding balance due on the account.

I understand your client has instructed you to issue court action against me in relation to the alleged debt and your letter dated 29th October was a formal pre-action letter pursuant to the Debt Pre-Action Protocols. I have completed the reply form and enclose my response with this letter. In my response I am requesting further information and documents from you and ask you provide this information within 30 days, and allow me 30 days thereafter during which I can seek advice accordingly.

I request copies of;
The Agreement
The Terms and Conditions
Copies of Invoices/Statements/Transaction lists from inception of the account.
Notice of Termination / Notice of Default.
A full breakdown of the sum being claimed.
Copies of any screennotes/communications relating to the account.

In addition I have sent a Subject Access Request to your client, Utility Warehouse, to try and find out what this might relate to and expect their response before the 25th November 2018.

I look forward to hearing from you shortly.

Kind regards

xxxxxxxxxx

[Amethyst]

RPLY FORM

So enter your details above Section 1.

BOX C - I don't know whether I owe the debt

-----------------------------------------------------------------------------------------

BOX G - tick box and just write Citizens Advice ( once I have received documents )


-----------------------------------------------------------------------------------------

BOX I - I require more documents

The Agreement

The Terms and Conditions

Copies of Invoices/Statements/Transaction lists from inception of the account.

Notice of Termination / Notice of Default.

A full breakdown of the sum being claimed.

Copies of any screennotes/communications relating to the account.

-----------------------------------------------------------------------------------------

Then sign and date at the bottom.

KEEP A COPY.

[openforumgir]

and sorry, the last question for today. I move house next Friday - should I email my response or post with my new address as of next friday?

[Amethyst]

Ummmm. I think you should send the letters now as is, then after you have moved contact UW and Moriarty and give them your new address and set up forwarding from your old address. Just in case anything falls through with the move it's best to deal with the Change of Address once it's actually happened.

[openforumgir]

Thanks so much for your help, ill let you know how I get on.

[laineyhen]

Hi

I just joined on the back of seeing your post regarding UW and Moriarty Law

They have been hounding me on behalf of UW and threatened a CCJ if I didn't pay £100 plus £83 costs. This is for an outstanding bill from UW, who i last used in 2014.

I wrote to the Finance Director of UW three times since they first started chasing me -

Snippet from first letter MAY 2015

I joined UW in October 2011, and my bill for both Gas and Electric was £169.35. November arrived and it jumped to £205.47 and then Dec £211.08. I won’t bore you with a full break down month by month – annually will suffice for now. (Please bear in mind this is for a household where occupants (3 of us) work full time Monday- Friday and are out from approx. 08:00 – 18:00.)

2012; £2424.83
2013; £2262.70
2014; £2622.66

By January, as previously mentioned, I decided to change supplier and paid my last instalment of £156.56. My FINAL FINAL bill arrived in February which was £64.82, which I paid.

Then in March I received another bill – for £ 262.11. I have NOT paid this. This is what I have trying to contact UW for. Without success. Can you please explain this bill to me, and why I have received it? I have paid over £8000 in the 3 years and 3 months of being a UT customer.


This is a snippet from SECOND in NOV 16 letter :

To Mr Nick Schoenfield

As you can see, I gave you chapter and verse of my account up to March 2015, and considering I actually joined another provider in December 2014 / January 2015, this is some achievement! So just a quick update from March to July 2015:

• March – Invoice received for £262.11 which I did not pay, as you know
• April – no invoice received
• May – no invoice received, but still being chased for March Account, so wrote to yourself
• June - no invoice received
• July – a credit for £119.10 Thank you!
• No more correspondence or invoices.

So I then started to receive debt letters for £100 - for what i don't know!! Couldn't get through to UW, so I ignored. They stopped.

Now Moriarty Law are chasing , nay, hounding! - I have sent them all correspondence which I a glad I have kept. That was two weeks ago. No response received as yet.

Can you let me know how you get on?

[openforumgir]

Just an update on this, I haven't received the required documents from Moriarty, they did acknowledge my email requesting said documents and said they had passed on the request to their client, however, I've had no response.

[Amethyst]

Have you given them your new address ? If not I'd do that just in case, then if they do see fit to issue a court claim at your old address without notifying your email you'll have evidence they had no need to.

Did you send a SAR to Utility Warehouse?

Otherwise I don't think you need to do anything until they come back with documents/evidence of what they think the debt is.