Moriarty Law / First Utility

VanceAstro

Hi, I've recently been getting letters from Moriarty Law stating I owe Shell Energy (formerly First Utility) £230. This goes back to 2017 when I was paying First Utility by direct debit so I don't know where they get this figure from. Ive changed energy suppliers twice since 2017 and also moved house.
I sent Moriarty Law a 'prove it' letter, they have responded by saying they've place the account on hold for 30 days to allow time for ME to obtain copy bills and arrange payment proposals.
Can anyone give me advice with this? I thought it was up to them to prove the debt?

Thanks

Willing2Learn

Hi,

Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.

Source: https://www.handbook.fca.org.uk/handbook/CONC/7/14.pdf

From that rule I believe it is up to Moriarty to establish it is your debt and to provide you with evidence of their findings. (but I'm no expert on the matter...)

Edit: You might want to send them the letter linked below (amend/edit as needed):
https://forums.moneysavingexpert.com/showthread.php?t=2607247#3

D_M_E

THEY should prove you owe the debt, it's not up to you to prove you don't.

If they cannot provide detailed bills showing Kwh used, tariff applied and payments made and any shortfall - which it seems they are claiming - then I would do nothing until they provide such details.

sourcrates

Moriarty Law are solicitors, Litigation is all they do, they will be acting on behalf of a client, in this case Shell energy, they are not debt collectors, so although normally the onus is on the debt collector to provide proof of liability, that will not be the case for a solicitor, hence why they have reffered you to their client.

You should write to shell energy and see what they have to say.