CCJ against me without informing me or what the debt is for.

HulaHoopGirl

HI, first post so please bear with me. 

At the start of this year I received a letter stating I owe money (around £200) to Spark Energy. I ignored letters as I did not think they were genuine & was with Spark energy (who have since ceased trading) back in 2019 for a short period of time only.
Forward to this year and Moriarty Law sent me a letter now saying I owed OVO energy (apparently they absolved Spark energy debts) a similar amount. I am currently with OVO energy, have been since 2019, in credit and no letters or anything to indicate I owe them money. 

OVO energy knew nothing of this debt so again, I ignored a Moriarty Law letter. 

Now on checking my credit file I have a CCJ field against me from August 2024 and it seems little I can do about it.

I have spoken with Moriarty Law and only on the telephone have I been told, what the debt is for. I have had NOTHING in writing or email to inform me what the debt is for.

I moved into my current house 25/01/2019 and have been told that the debt if for energy used November 2018 until 25th January 2019. Hence this is NOT my debt. 

Since July of this year, I have been in email contact with Moriarty Law since July 2024 to enquire about the mention of a CCJ, asking them what the debt is for in writing and after many weeks of waiting for a reply from them, they replied stating “the account will remain on hold and collection activity has been suspended”. They informed me they were waiting to hear from their client JC Acquisition. (Based in America!)

I took this to mean it was all on hold and they would reply to my enquires. 

I was wrong and it went to court and I now have a CCJ. 

I have spoken with Moriarty Law since this went to court who asked me to provide them with as much evidence as I could to state I wasn’t living in this address until 25/01/2019. I did just that and sent them all the evidence needed to say I was not living at this address a a therefore not liable for energy supplied to the property prior to this date.

I was not told this would still be taken to court and I STILL have no written evidence of this debt, how much it was for initially and how they find me liable for this. 

My options now are: pay a reduced amount of £160 as offered by Moriarty Law’s client to have this ‘partially settled’ on my credit file or take this to court to dispute which will cost me far more than this. 

I am fuming and angry that my otherwise unremarkable credit score is now tainted with this debt. 

Has there been some law breaking here in that I have never been told about the debt and what it was for and what is the likelihood of me winning in court and being able to reclaim all my costs and furthermore, sue them for costs incurred in me dealing with this? 

penners324

Request Moriarty pays the fee to get the CCj set aside.

Get the form for the set aside and start filling it in.

HulaHoopGirl

@penners324 How would I find out the court details?

I have no idea which court this was discussed at and these details are required on the form.

I am new to all this and reading on MSE I can see that Ofgem have asked for this to be looked into as many of Soark energy’s customers were wrongly sent debt letters, sadly, I appear to be one of them.

I have contacted OVO energy and need to allow them 8 weeks to respond before I can contact Ofgem but sadly, this timeframe goes beyond the period of allowing me to pay £160 for a partial settlement, something I was considering doing just to ease my credit file. I keep telling myself, why should I pay a penny when this ain’t my debt but don’t want the poor credit score either. However paying the £160 will not clear the CCJ just stop defaults being shown as I am not paying the £25 a month costs as set out by the judge in court. 

fatbelly

A statutory credit report is free and should state the court reference and issuing court.

You will need to apply to that court for setaside on an N244

There is useful information about the process on the parking board as this is what the private parking firms do - get a ccj against you at an old address and then miraculously find out where you actually live

HulaHoopGirl

@fatbelly Thank you. £303 tho? This is going to cost me for sure. Any idea if I can reclaim this if my case was won? Wanting a new mortgage possibly soon so having a CCJ is not good. 

How these rogue companies are allowed to sod this is beyond me. It’s not hard to see this debt is not mine and the information is out there for these debt agencies yet they chose to ignore and send letters that people like me have no idea if they are genuine and then suffer the financial and mental consequences. 

fatbelly

fatbelly said:

There is useful information about the process on the parking board as this is what the private parking firms do - get a ccj against you at an old address and then miraculously find out where you actually live

IIRC the info is in the Newbies thread on the parking board