Continuing correspondence with Moriarty Law

[warwick1001]

After receiving a letter from Moriarty Law regarding a debt that I did not believe I owe; I replied with the ''prove it letter''. When they replied; they sent me documents which were not requested but on first glance would seem to add some form of authenticity to their claim. I replied twice requesting the correct documents and on the second occasion (out of frustration at their unwillingness to co-operate in the correct manner) I added that their actions could now be seen as harrassment. Their latest reply does not contain any other documents, they merely state that they deny harrassment and that their client has provided me with validation of the debt. It then finishes by saying ''If we have not heard from you by 10th August 2018, collection activity will resume.

My questions are as follows. Wouldn't this matter have to go to court before any collection activity takes place?
Secondly; are they just continuing to try and collect against a debt, for which they do not have the correct paperwork? If they had a legitimate claim, wouldn't they simply send me a letter requesting my presence at a court?
Finally; If a law firm receives a 'prove it letter' and responds with documents which are legally useless but may coerce someone into paying then, isn't this actually harrassment?

[davenewbergr]

Many organisations work on the basis that if they continue asking for money, some people will give up and pay. Such organisations aren't really that bothered about the people who don't pay up, or who argue, because that is factored into their business model. Moriarty cannot commence any lawful collection activity, as you point out, without a court order. They can say they are going to do it once, but then if they don't issue proceedings then that probably constitutes unlawful dunning. I note that Moriarty Law is a limited company regulated by the Solicitors Regulation Authority so you would probably benefit from threatening whoever you are dealing with, with a complaint to the SRA. Solicitors are not supposed to bully lay persons.
Has their client provided you with validation of the debt? If not, then say so. If it has, then respond appropriately. You haven't said how much is at stake but issuing court proceedings costs real money, and anybody would be well advised to ensure that the prospective defendant has the funds to pay the debt (and costs, if appropriate) before issuing proceedings. Letters demanding payment are a lot cheaper - and as I say, the business model often doesn't feature court proceedings. Forget about trying to prove harassment, it would be a legal and practical nightmare. SRA Complaint or just lying doggo is a far better plan.

[warwick1001]

The amount at stake is £1500. The supposed validation has come in the form of an 'estimated' bill. A copy of their agreement with their client (which I am in no doubt exists) and a printout of the general terms and conditions of the energy company. This last item; is I feel, intended to represent a contract of some sort. Which it obviously doesn't and I find it very troubling that they can issue legally invalid documents, because; as you have pointed out, ''some people will give up and pay''.

[jaguarsuk]

My questions are as follows. Wouldn't this matter have to go to court before any collection activity takes place?

This is potentially what they mean by continuing collection activity.

Secondly; are they just continuing to try and collect against a debt, for which they do not have the correct paperwork? If they had a legitimate claim, wouldn't they simply send me a letter requesting my presence at a court?

Probably and had they had the correct paperwork they'd have presented it to you.

Finally; If a law firm receives a 'prove it letter' and responds with documents which are legally useless but may coerce someone into paying then, isn't this actually harrassment?

It can be as established in Ferguson v British Gas (2009) as well Porter v Price (2004).

The amount at stake is £1500. The supposed validation has come in the form of an 'estimated' bill. A copy of their agreement with their client (which I am in no doubt exists) and a printout of the general terms and conditions of the energy company. This last item; is I feel, intended to represent a contract of some sort. Which it obviously doesn't and I find it very troubling that they can issue legally invalid documents, because; as you have pointed out, ''some people will give up and pay''.

Okay, it's rare these days for people to enter into an energy agreement with a signature and therefore they present the terms as the contract as they will aver that contract was entered into online or via the telephone.

Is the alleged debt still with the energy company or has now been sold to a debt purchaser?

Finally a guesstimated bill won't stack up in court and they'll need to provide an accurate figure based on meter readings.

Did you ever have the energy supplier? If you did why did you cease paying them?

[warwick1001]

The debt has been sold on to Merligen investments. I have been contacted previously by two other debt collection firms. Upon receiving the first two letters, I simply threw them in the bin assuming it was some sort of mail fraud.
I was only in the property for one year. It was a rental which I stayed at midweek, for a project which was far enough away from my normal residence, to make a daily commute impossible.
During my tenancy, I received reminders each month from the energy company and upon receiving these reminders, I paid the amounts requested.
The amounts requested were based; I assume, on the energy usage of the family that lived in the property before me. There will be no meter readings as none were taken during my tenancy.

Should I contact them a final time, or should I simply ignore them?

[jaguarsuk]

The debt has been sold on to Merligen investments. I have been contacted previously by two other debt collection firms. Upon receiving the first two letters, I simply threw them in the bin assuming it was some sort of mail fraud.
I was only in the property for one year. It was a rental which I stayed at midweek, for a project which was far enough away from my normal residence, to make a daily commute impossible.
During my tenancy, I received reminders each month from the energy company and upon receiving these reminders, I paid the amounts requested.
The amounts requested were based; I assume, on the energy usage of the family that lived in the property before me. There will be no meter readings as none were taken during my tenancy.

Should I contact them a final time, or should I simply ignore them?

There should be a meter reading of when you moved in (or at least the family moving out before) and then the tenants moving in after you, potentially the letting agent you used or landlord might have a record of those.

I think the terms and conditions may be enough to say you entered a contract via phone or internet, how did you contract with them?

As I say I would challenge the estimated bill as they should be claiming for their actual loss, not some pie in the sky figure based on someone else's uasage the year before.

The agreement with their client is irrelevant and you want a copy of the Notice of Assignment from the energy company and their client as you have no recollection of receiving them.

As they haven't issued a claim you can't use Part 18, so write back to them informing them that you require the meter readings taken on entering into the alleged contract and then on termination or the next occupant residing at the premises to allow you to work out any alleged debt as an "estimated bill" is not sufficient to properly allow you to asses your position.

Nor can you use Part 31.14, so state that you have no doubt they are acting for their client, but their agreement with their client is irrelevant to the matter and you do no recollect receiving notice of assignment from the energy company or their client, thus you require copies.

Inform them that should they file a claim these will be requested pursuant to Part 18 and 31.14 respectively and you will defend any such claim vigorously.

If you get meter readings let us know as I can then tag in someone whom knows how to calculate your bill.

Send a Subject Access Request Letter to energy company and have a look at what they hold too, just ask for everything they hold.