Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • GKJB
    • By GKJB 18th Mar 17, 1:14 PM
    • 8Posts
    • 0Thanks
    GKJB
    BW Legal Letter of Claim - Spark
    • #1
    • 18th Mar 17, 1:14 PM
    BW Legal Letter of Claim - Spark 18th Mar 17 at 1:14 PM
    Hi,

    I had an account with Spark Energy 5 years ago and was billed insane amounts which I disputed over the course of several months until they finally offered to investigate and allowed me to switch to British Gas.

    They never got back to me with the results of their investigation and within a few months I was being chased by BW legal... emails, phone calls, and letters demanding payment of the crazy final (disputed) amount.

    After reading up on them online, the best course of action seemed to be to ignore them, which is what I did for the last 5 years. They finally stopped contacting me around 6 months ago, until today I received a letter from them/Spark (headed letters from both arrived in the same envelope).

    The letter from Spark says my account has been passed to their legal team, the letter from BW Legal is a 'Letter of Claim' threatening CCJ action within 14 days if I don't pay up.

    I don't think I've had a letter of claim from them previously, so I wanted to get some opinions on the best course of action now. Do I ignore it or shall I contact them disputing the entire bill?
Page 1
    • CashStrapped
    • By CashStrapped 18th Mar 17, 1:33 PM
    • 1,086 Posts
    • 603 Thanks
    CashStrapped
    • #2
    • 18th Mar 17, 1:33 PM
    • #2
    • 18th Mar 17, 1:33 PM
    Did you take the complaint process as far as the ombudsman (via spark first) regarding the disputed bills?

    I assume you have the requisite evidence that the bills are bogus? FOr example, manual calculations of you time with spark calculating you have paid the amount truly owed.
    • Hengus
    • By Hengus 18th Mar 17, 1:34 PM
    • 3,888 Posts
    • 2,173 Thanks
    Hengus
    • #3
    • 18th Mar 17, 1:34 PM
    • #3
    • 18th Mar 17, 1:34 PM
    I would get proper legal advice rather than listen to armchair legal experts. Ignoring something, and hoping that the problem will go away, is not imho a sensible move. Presumably, you have sat down and collected evidence that you could show a Court to prove that the supplier has got its calculations wrong?
    • GKJB
    • By GKJB 19th Mar 17, 6:52 PM
    • 8 Posts
    • 0 Thanks
    GKJB
    • #4
    • 19th Mar 17, 6:52 PM
    • #4
    • 19th Mar 17, 6:52 PM
    At the time my complaint went as far as them 'conducting an investigation'. I didn't hear back from them and since this was five years ago and I've changed address four times, I no longer have the bills.

    I had no way to calculate the bills myself as I was living in a managed block of flats, where the meters were checked and recorded by the management company basically as and when they pleased, and the bills I was receiving from Spark dd't outline anything about their pricing etc.

    Do BW legal need to supply me with evidence that I do in fact owe what they're claiming before they can take this to court? As far as I'm concerned they've pulled the amount out of nowhere, adding over £150 onto an already inflated bill.
    • D_M_E
    • By D_M_E 19th Mar 17, 8:52 PM
    • 1,259 Posts
    • 62,156 Thanks
    D_M_E
    • #5
    • 19th Mar 17, 8:52 PM
    • #5
    • 19th Mar 17, 8:52 PM
    If the management company took regular meter readings then they may well still have them.

    Try asking them for any readings which relate to the premises you occupied at the time.

    If they refuse to supply them, try serving them with a Subject Access request and ask them for all information they hold relating to you. Any such information should include any meter readings taken from the meter(s) supplying the premises occupied by you since they directly relate to you.

    I believe such a request has to be accompanied by a fee of £10 and there is a set period in which they must respond.

    Might be worth a try but try asking them before serving the SAR, they might do it for free.
    • Spark Energy: Jenny
      Verified User verified user
    • By Spark Energy: Jenny Verified User verified user 20th Mar 17, 9:44 AM
    • 80 Posts
    • 11 Thanks
    Spark Energy: Jenny
    • #6
    • 20th Mar 17, 9:44 AM
    • #6
    • 20th Mar 17, 9:44 AM
    Hi GKJB


    Sorry to hear about this.


    I'd like to look into this for you. If you would like to contact me using the email address on my MSE profile, I can take a look at what happened with your original complaint, and I can also speak to our Collections team and see if we can hold any action with BW Legal while I'm looking at your account. I can also open a new formal complaint for you regarding everything you've detailed in your post.


    We may be able to resolve your complaint without a SAR, but if you do decide to go ahead and request it via contact with me, I will ask if we can waive the £10 fee for the information as part of your complaint resolution.


    If you decide to get in touch, please confirm your full name, supply address and any reference numbers shown on your correspondence from BW Legal.


    Hope to hear from you soon.


    Jenny
    Customer Relations Manager
    Official Company Representative
    I am the official company representative of Spark Energy. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Cardew
    • By Cardew 20th Mar 17, 10:02 AM
    • 26,626 Posts
    • 12,875 Thanks
    Cardew
    • #7
    • 20th Mar 17, 10:02 AM
    • #7
    • 20th Mar 17, 10:02 AM

    I had no way to calculate the bills myself as I was living in a managed block of flats, where the meters were checked and recorded by the management company basically as and when they pleased, and the bills I was receiving from Spark dd't outline anything about their pricing etc.
    Originally posted by GKJB
    If you have 'no way to calculate the bills' yourself, how have you concluded they were charging 'insane amounts'?

    You concede you had bills, were you disputing the meter readings?

    It is very common for the management agents to get things wrong, in which case your dispute is with them and not Spark.
    • jackandcoke
    • By jackandcoke 20th Mar 17, 10:11 AM
    • 26 Posts
    • 16 Thanks
    jackandcoke
    • #8
    • 20th Mar 17, 10:11 AM
    • #8
    • 20th Mar 17, 10:11 AM
    Ah, Ignore it and hope it goes away. The classic method.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,436Posts Today

9,064Users online

Martin's Twitter
  • Byebye! I'm about to stop work & twitter, to instead spend glorious time with Mrs & mini MSE. Wishing u a lovely summer. See u in 10 days.

  • WARNING Did you start Uni in or after 2012? The interest's rising to 6.1%; yet it doesnt work like you think. See https://t.co/IQ8f0Vyetu RT

  • RT @JanaBeee: @MartinSLewis Boris is the anomaly (coffee), the others are versions of normal (beer). Lots of same candidates = vote share d?

  • Follow Martin