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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not pay the rest of this debt

18 replies

grapesodafay · 08/12/2016 13:43

Gas bill debt solely in ex DP's name covering a 3 month period and he moved out after 2 of those months so he was using it too. After he moved out I got the bill for £80 and I emailed the company to pay it and they said I couldn't as it wasn't in my name. These emails are screenshotted and backed up to my computer. They're also still in my email folders. I then set up my own gas account with a different supplier to close his account and take control. Here is the tricky bit, he never signed his name off of the tenancy when he left so there is no proof of when he moved out. I closed the tenancy myself when moving out a month ago.

Fast forward a couple of months and the debt has now reached £400 because of the late fees etc. Funnily enough they could only get in touch with him when it hit this high number and with it being an EA/DV relationship he convinced me to pay it even though it's technically his debt. I am right in saying it's against the person, not the property? It has been passed over to a debt collecting company and I paid £50 initially and have been paying £20 every week since. I have paid pretty much half of it off so far and I can't afford the payments. I am single, have a 10 month old and my rent is £500 plus all my bills. He is not on the birth certificate because of EA and DV so no financial help. I cancelled the direct debit and have been screening the debt collectors and my ex's calls. I just can't afford it and I have already paid half I feel he is liable for half too since he was also using the gas.

Does anyone know what will happen now? I feel like I should dispute it and get some of the money back as the late fees are not my fault because they could not get hold of ex. The initial bill payment was refused in black and white when it was just £80. Debt is registered to him and his current address.

OP posts:
RougeSeas · 08/12/2016 13:45

Post on money saving expert. They are great.

grapesodafay · 08/12/2016 13:46

I have not been able to eat regularly because of the payments, the person on the phone was very demanding and said I had to pay that much even though it's out of my budget

OP posts:
grapesodafay · 08/12/2016 13:47

It has been mostly being taken from child benefit and tax credits, is that legal?

OP posts:
Lariflete · 08/12/2016 13:48

I wouldn't - I'd take it OFGEM if necessary because it's not your debt. At the most, I would be prepared to pay £80 which you offered and was rejected as it was not 'yours'.
It might be stressful though but it's not right that they can refuse the payment and then add charges etc. for you to pay.
Not sure of legalities though, but OFGEM would be way to go after making a complaint to the service provider.

AllStar14 · 08/12/2016 13:49

I'm not sure about the debt but you can still receive child maintenance even if he isn't on your child's birth certificate.

Chewie1986 · 08/12/2016 13:49

I'd ask MSA, CAB or others, will be more help than here.

grapesodafay · 08/12/2016 13:50

Will do, thank you RougeSmile

OP posts:
idontlikealdi · 08/12/2016 13:51

Call stepchange - they are brilliant and knowledgeable and will speak to them on your behalf.

Boogers · 08/12/2016 13:53

How could you pay it off if the bill wasn't in your name and the company won't talk to you because of this?

grapesodafay · 08/12/2016 13:55

He spoke to the debt collectors and he approved me paying for it, they asked me for his details not my own. I only gave my card details. Not sure what was said, he could have told them any number of lies like I'm paying it for him as a friend or whatever

OP posts:
Boogers · 08/12/2016 13:57

Sorry, just read your op again. I get it now.

It's not your bill, it's his. Ask the CAB for advice, and as has already been mentioned go onto Moneysavingexpert for better legal financial advice.

He sounds like a twat and you're well rid. Has he contributed anything to your DC's costs of living? Does he pay any kind of maintenance?

grapesodafay · 08/12/2016 13:57

I emailed supplier before it was sold on to the debt collectors, literally the day the bill came through the door. The suppliers themselves wouldn't take the payment and I suppose the debt collectors will just take it from anyone going as long as they get their money

OP posts:
Boogers · 08/12/2016 13:59

Debt collectors will get their money from whoever they can, whether the debt is yours or your ex partner's. Get legal advice now. CAB is a good place to start.

Boogers · 08/12/2016 14:00

Did you set up a payment plan with the debt collectors?

grapesodafay · 08/12/2016 14:05

He paid £100 towards a pram and that's it. No maintenance, he's on zero hour and is rarely given any shifts because of his many drug relapses and missing work. He might have even been fired I try my best to remain NC. It was a direct debit payment plan of £20 a week I cancelled it through the bank. I've paid well over the original bill amount so I'm satisfied that's enough

OP posts:
ageingrunner · 08/12/2016 14:08

Call stepchange and they will help you with this. They really helped me. You'll find that when you mention to the company that you've spoken to stepchange, they will suddenly become reasonable.

mybumdoeslookbiginthis · 08/12/2016 14:14

I work for a large energy company,

It's his bill not yours, stop paying it.

We chase the person who is named on the account as long as you are not named on the account they can't chase you. I'd also try getting the money back you have paid....say you didn't realise it wasn't your bill! You paid someone else's bill in error.

Every letter send back not known at this address and call and say he doesn't live there and you don't have a forwarding address.

biscuitkumquat · 08/12/2016 14:19

OP, I worked in debt collection for a long time, including with an agency who dealt with Utility debts.

Debt collection agencies will take money from anyone who offers to pay.

The debt isn't in your name so you are not liable. Not in any way, shape or form.

I would send the DCA an e-mail stating that you will be stopping the payment with immediate effect because the debt isn't in your name, and unless they can provide you with proof that you owe the debt you will be paying no more.

Did they ever advise you that you were liable to pay the debt? If so, I would make an appointment with any of the debt help charities because they MAY be able to get some of what you have already paid back.

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