Random Moriarty Law Letters!

P6UL_K · 13 November 2018 at 1:10AM

Hi all,

I’ve randomly received two letters from Moriarty law with regard to a supposed debt with utility warehouse Ltd of £952.50 which apparently started back on 12th July 2012. Now due to circumstance I’ve been living in temporary accommodation for most of this year with my post going to a friends house so I’ve not picked these letters up for quite awhile, letter number one is dated 8th of October 2018 and the second follow-up letter dated 25th of October 2018.

I have a vague recollection of using utility warehouse but certainly don’t recall having a debt with them dating back over six years! I recall the property I lived in was repossessed when I went voluntarily bankrupt in March 2013. I’ve checked the bankruptcy order and there is no mention of utility warehouse on there and I’m now stressing that I have absolutely no memory of this.

There is no supplementary evidence or statements been sent with these two letters, just one paragraph that says “particulars of the amount due relate to an agreement with utility warehouse Ltd which started on 12 July 2012 and contained provision for you to pay interest and charges which are not continuing we can let you have a copy of the terms and conditions of the agreement if you require one“

I don’t understand how this debt has supposedly got so big because I moved into a rental property in October 2012 so would’ve cancelled any dealings with the utilities when I left the property that was part of the bankruptcy order...

The second letter from Moriarty law states that I have 16 days from the date of the letter which was the 25th of October which is obviously up now so do I start to panic even further?

HELP!

sourcrates · 13 November 2018 at 1:15PM

Hi,

Relax, if you went bankrupt in 2013, and the debt relates to 2012, then that was owed prior to your bankruptcy, and would of been included in it.

Bankruptcy is not like an IVA or a DRO, where you have to list your creditors, Bankruptcy encompasses all your creditors, weather they know about it or not (there are some exclusions to this).

You should write and tell Moriarty Law the situation, that they have no remedy against you for this debt as it was included in your bankruptcy, and should they wish to take the matter further, you will see them in court.

fatbelly · 13 November 2018 at 1:58PM

As long as it relates to usage before March 2013 it's covered by the definition of 'bankruptcy debt' which, if you want to get fancy, you can quote to them:

40.8 Bankruptcy debts

Bankruptcy debts are defined as:

any debt or liability to which the bankrupt is subject at the commencement of the bankruptcy (being the date of the bankruptcy order),
any debt or liability to which the bankrupt may become subject after the commencement of bankruptcy, including after discharge from bankruptcy, by reason of any obligation incurred before the commencement of bankruptcy (a contingent liability),
and any interest provable.

P6UL_K · 13 November 2018 at 4:02PM

Hi Sourcrates & Fatbelly... really appreciate your reply, I used the search quite a bit this morning and found that template Provit letter which I sent by recorded delivery this morning. That will probably come to nothing as I wasn’t sure what was best to do, but now I have your advice if I do hear back from them I can reply with what you have suggested above?

Exodi · 13 November 2018 at 5:20PM

You also have the fact that even if you didn't declare bankruptcy, if you ceased payment in July 2012, the debt would be statute barred. Honestly, I don't know how some of these debt collection companies survive when they purchase debts they should know are unenforceable. Probably scare tactics to get people to optionally pay.

P6UL_K · 2 February 2019 at 11:25AM

Morning all,

an update on this ongoing issue that doesn’t seem to want to go away. I have this morning received another letter from Moriarty law as it now seems they have tracked me down to my current address and they are still claiming that I owe this debt even though I sent them the Provit letter template to which I had no reply from whatsoever (Not sure how I attach an image of the letter?)

As previously explained this debt apparently relates to a period from July 2012, I went through bankruptcy in February 2013 where the property that this debt relates to was repossessed by the mortgage company and/the court.

I’m starting to panic now as I really don’t understand this sort of thing that well, I’m a lorry driver by trade so don’t really get involved in anything like this, I am worrying how I’m going to deal with it...

Any advice on what I should do now? The letter says I have 30 days from the date of the letter received before they issued proceedings in the County Court

fatbelly · 2 February 2019 at 12:19PM

It sounds like a pre-action protocol letter. So you must reply within 30 days. Guidance here

https://debtcamel.co.uk/letter-before-claim-ccj/

Your section is

The debt was included in insolvency

If the debt was included in your bankruptcy, IVA or Debt Relief Order, tick box D and write in the type of insolvency, the date it started and the date it completed, if it has.

P6UL_K · 2 February 2019 at 12:42PM

Thank you, my only issue is although I have been through bankruptcy I don’t think utility warehouse was included within the actual bankruptcy as at the time I wasn’t aware that I owed them any money.

sourcrates · 2 February 2019 at 1:59PM

P6UL_K wrote: »

Thank you, my only issue is although I have been through bankruptcy I don’t think utility warehouse was included within the actual bankruptcy as at the time I wasn’t aware that I owed them any money.

As i said before, Bankrupcy encompasses ALL your debts, regardless of weather you know about them or not, follow Fatbelly`s advice above and you won`t go wrong.

P6UL_K · 20 February 2019 at 7:46PM

Hi Fatbelly, thanks for your help again. Finally found time to go though this paper work after being away with my job for a couple of weeks - still have a couple of weeks until my 30 days is up.

I have noticed that a lot of people on the forum have said that getting in touch with this company can be seen as accpting the debt? Is that right or have i got the wrong end of the stick? I see from your link it says to fill out the enclosed form that ML have sent me... I'm doing that now and i'm also enclosing a copy of the bankruptcy order i got from the court.

I have filled out the personal details section but left out my email address and phone numbers (i assume thats ok?) as i dont need them calling me when they feel like it, would rather keep this to the postal route. I have tick 'Box D' and stated that i went bankrupt in March 2013, I have also ticked 'Box H' in Section 4 stating that i have enclosed a copy of the bankruptcy order given to me by the court.

I have photocopied everything and will post by recorded mail tomorrow, hoping you see this before then just to confirm i'm doing it all correctly?

Thank you, Paul.

sourcrates · 20 February 2019 at 8:05PM

Hi Paul,

You cannot acknowledge a debt that no longer exists.

It all sounds good to me.

Random Moriarty Law Letters!

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free