BW Legal claim on behalf of Spark Energy Limited

steven451

I have been contacted (at a subsequent former address) by BW Legal. They claim I have an outstanding balance with 'Spark Energy Limited' (a company I've never heard of) for a bill related to an address where I was not a bill payer (I lived with parents at the time). My family lived there for less than 6 months in 2003. To the very best of my knowledge none of my family or I owe anybody, anything.
 I don't want to contact BW Legal as warnings on other Internet Forums suggest they are only interested in exhorting money legally or not. Does anyone have any advice on what to do, or not? 

brewerdave

If it really was as long ago as 2003 ,ignore them. 17 years ? Way outside limits for pursuing debts.

Ectophile

If it was 2003, then it's statute barred under the Limitation Act, so nobody can be taken to court over it anyway.

MothballsWallet

Even if it's 2013 rather than 2003, still out of time under the Limitation Act.

If Spark and BW Legal discovered this debt more recently, wouldn't the Limitation Act's clock start from the date they discovered it?

Would it be worth the OP sending a "prove it" letter if BW Legal write again and telling BW Legal to refer it back to their client as it's disputed due to them and their client not providing evidence of the said debt?

dogshome

From my understanding, (Which is probably incorrect), Statute of Limitations time is counted back from the date of the first communication of the debt.

Assuming the OP's intended date was 2013, not 2003 and the letter was sent to a previous address it could have been on the cusp of the rule, but I think the failure of the tracing service in sending it to a defunct address still blows it out of the water - But what is the date on the letter?

steven451

The 'alleged' debt is linked to a specific address. I spent less than 6 months at this address in 2003 (! - this is not a typo). I have had nothing to do with this address since. The letter was sent August 2020, to the next address I lived at (that I have also vacated some years ago).
I appreciate the replies I have had! Thank you for your help. 

peter12345678910

Both of these companies are registered with fca so you can use energy ombudsman through this website https://www.citizensadvice.org.uk/consumer/energy/energy-supply/complain-about-an-energy-company/complain-to-the-energy-ombudsman/

First you need to start complaining to spark and recording the phone calls, then write a complaint letter, a template can be found at above address. 

You just have to keep ringing them, build up your complaint. Any bills or other... are likely to be binned from 2003. But would be useful, as it would be proof that you lived there for less than 6 months. 

brewerdave

peter12345678910 said:

You just have to keep ringing them, build up your complaint. Any bills or other... are likely to be binned from 2003. But would be useful, as it would be proof that you lived there for less than 6 months. 

I'm anal about keeping old bills ,but even I haven't got utility bills back to 2003 !! As I said earlier in this thread, I would just ignore them.

JohnB47

peter12345678910 said:

Both of these companies are registered with fca so you can use energy ombudsman through this website https://www.citizensadvice.org.uk/consumer/energy/energy-supply/complain-about-an-energy-company/complain-to-the-energy-ombudsman/

First you need to start complaining to spark and recording the phone calls, then write a complaint letter, a template can be found at above address. 

You just have to keep ringing them, build up your complaint. Any bills or other... are likely to be binned from 2003. But would be useful, as it would be proof that you lived there for less than 6 months. 

If the facts are as stated, I wouldn't bother with the "You just have to keep ringing them, build up your complaint. " bit. Why bother - the case is pretty clear. I would just send a complaint letter to Spark Energy, copied to BW Legal and send them recorded delivery. Actually it was renamed  "Royal Mail Signed For 1st Class" a few years ago. A signature is currently not requested (because of Covid) but you can get the recipients name and confirmation of delivery from Royal Mail. Details are here:
https://www.royalmail.com/sending/uk/signed-for-1st-class
Keep a record of everything you do.

MothballsWallet

Maybe not use signed for as the recipient can refuse delivery/to sign for itm and BW Legal are well known on the Parking board as being a questionable firm of solicitors & debt collectors.

I would get a free certificate of posting at the Post Office counter - the letter is then deemed as being delivered 2 working days later.