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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Asking for money 8 years later

133 replies

Jelly837363 · 14/01/2021 20:00

So situation is DH used to live in a house with 2 other housemates 8+ years ago. All bills were split equally but each housemate had one bill that they sorted out. Housemate A was responsible for sorting out the water bill. Housemate B sorted out electric. DH sorted out council tax.

Now it's been about 3 years since DH has heard from either of these housemates, they've all moved on with their lives. Until a few days ago housemate B sent a message saying that he has a CCJ from unpaid electric bill from when they all lived together. He said he doesn't know how much this is for but he will let them know a figure ASAP so they can pay their share.

Now I'm not happy with this. First of all this will be a much higher figure due to late fees etc from this being ignored for so long which I think is on Housemate B and not us. Also it was so long ago we have no idea if DH gave him money at the time and B decided not to pay or what.

Basically my stance is this is entirely B's problem and we aren't paying anything, especially not for the late fees etc. DH thinks he should pay his share of the original debt but nothing towards any late fees or penalty's. I would be okay with this so long as it isn't too much £ as money is right atm.

What do you all think would be a reasonable thing for us to do? Also is there any legal route Housemate B can take to force us to pay?
Thanks

OP posts:
Original poster
Jelly837363 · 14/01/2021 20:59

No he doesn't remember

OP posts:
SomewhatBored · 14/01/2021 20:59

Also it was so long ago we have no idea if DH gave him money at the time

How did your husband pay his share - was it cash, cheque, standing order, money transfer? He may be able to get an old bank statement from his bank if it was anything other than cash, to show he paid his share at the time. I doubt his friend would have any claim on him after so long, but if your H can prove he paid it might a. ease his conscience and b. be a way of responding to his friend.

If he didn't pay, the honourable thing to do would be to pay his original share.

Standrewsschool · 14/01/2021 21:00

If they were all reasonable for paying 1/3 of each bill, surely dh would have noticed that he hadn’t paid his portion of that utility bill?

Also, why has it taken eight years plus for the bill to catch up with you. Wouldn’t the utility company chased them sooner, when they finished their tenacity?

HaveTeaWillSurvive · 14/01/2021 21:01

This happened to me just before CCJ stage as the electricity company had not recorded my forwarding address so the system said it had been forwarding demands for payment but it hadn’t. I only got contacted when it had been passed to a debt collection agency who tracked me down, it was incredibly stressful but did get sorted out in the end. so it’s very possibly true - hope you get to the bottom of it quickly.

TonMoulin · 14/01/2021 21:01

It could be totally true.
DH had some CCJ when we first met link wiith an electricity bill unpaid. He had left the rental flat and hadn’t received the Bill.
We were worried when we took our mortgage but the guy we saw at the bank said it quite usual and not to worry.

So yes I’d believe the. Fact he has just heard

Scottishskifun · 14/01/2021 21:02

As they split the bills 3 ways yes he needs to pay the original debt share. The housemate will already have loads of issues with credit rating if a CCJ is in place best of its sorted quickly for everyone!

Standrewsschool · 14/01/2021 21:05

“Technically speaking, an energy company has up to six years to legally recover its debt. However, British Gas adheres to a Back Billing Code of Practice under which they will not chase debts where the bill has been issued more than 12 months after the energy usage occurred.”

Just found this, the companies can’t chase you after six years.

May be worth looking into further, to see if the debt still stands.

GabsAlot · 14/01/2021 21:05

well its diferent if he cant remember paying him-doesnt sound very organised though but then maybe he feels guilty so should pay his share of the original bill but its still done to the account holder to pay the late fees

YourWurstNightmare · 14/01/2021 21:07

Your husband will be the best judge of whether his friend is being truthful or not.

MrsGlitterSparklesHun · 14/01/2021 21:09

What probably happened is the company chased....he ignored (or never received letters/emails)...company issued money claim (well within timescales...this could have happened years ago for all you know)...he didn't acknowledge the claim so default judgement was entered (CCJ). Only reason he has realised now is because maybe he has had difficulty applying for a mortgage or similar and he has obtained a copy of his credit report to find out what's amiss and it shows the CCJ. the CCJ will be on his credit report regardless for 6 years. Best chance he has of getting credit is to at least change the status of the debt to 'satisfied' by settling the debt and he has decided to get in touch with everyone to try his luck at getting a bit of money back. That's my guess. And yes, fees will have been added, at the very least a court fee and standard fixed costs. Maybe interest. I could be wrong, but would make sense!

AcrossthePond55 · 14/01/2021 21:10

Is there any way your DH can contact 'A' to see if he's gotten the same request from 'B'?

It sounds to me as if the 3 roomies had a pretty good system and I'd doubt that somehow B 'forgot' to collect and pay. Or that A and your DH didn't ask at the time, since they were 'collecting' for the bill they were responsible for it would be natural for one/both to think "Hey, B hasn't asked for our share of the electrics!' when they were 'collecting' for their own. I'd wonder why all of a sudden this bill has surfaced. Was it a 'closing' bill that came after they broke up housekeeping? Did DH move out and perhaps didn't pay his share of the last month.

I think it's much more likely that B spent the bill money on 'whatever' at the time and it's just now caught up with him. Similar happened to my DS2 with the rent and the landlord kept the security deposit that should have been divvied up between the 4 roommates, because 'roomie 1' didn't pay the rent for two months.

Higgeldypiggeldy35 · 14/01/2021 21:15

I wouldn't be surprised that it was a fuck up of the electricity company. I've moved out of student flats and had to chase chase chase to get my final bill for months, only then to continue getting bills after I moved out despite them being aware of me moving out. If I'd moved a few times and years had passed and forgot about the bill I can see how this could happen. He should have chased it. Maybe if he can evidence that he tried to pay with phonecalls/emails etc. If he just moved out and never tried to pay then he's a Muppet and I would only pay my share of the original bill. But I would wait for more information on the circumstances.

Cherrypies · 14/01/2021 21:18

I don't understand the point of posting until you have had a copy of the relevant paperwork to establish the legitimacy of the friends claim.
Surely no decision can be made until that is known facts.
When the paperwork is received, I would call the company and confirm it, then contribute the 1/3.

underneaththeash · 14/01/2021 21:18

If the bill is not in his name ;Pay nothing. If you do it may be an admission of liability.
Ignore correspondence.

doublehalo · 14/01/2021 21:19

If it's your name on the bill then you are responsible for paying that bill and taking a final reading/closing down the account when you leave the house. If that's not what happened it's nothing to do with your husband.

Lotusmonster · 14/01/2021 21:21

Your DH needs to see a full paperwork trial from original bill through to latest demand / CCJ. If it all looks bona fide he should just settle the value of his original third but no more. He is not responsible for the administration of that bill since that flatmate B took on that particular responsibility and liability as did your DH for the council tax. Any late charges etc are the fault of the housemate unfortunately.

Sarahandco · 14/01/2021 21:22

Could be that he just checked his credit file and found it rather than them chasing for the money.

FedUpWithItAllWeep · 14/01/2021 21:24

It can be a bit complicated and I'm more knowledgeable about the energy industry side of things rather than the law side of things but here is what I know...

If it was a joint tenancy then regardless of whose name is on the bill all three tenants are equally responsible for the payment of the bill. You tend to find that energy companies only put one name on the bill as it's easier for them. But if friend tries to argue with the company that he is only a third responsible and hands over a tenancy agreement showing two other occupants the energy company will just start chasing the other two for payment as well, going through the debt process and marking credit files of everyone. It doesn't care what agreement was made between the friends, it's entitled to receive payment from any of the responsible parties.

Then it essentially becomes a small claims issue where the one who paid it (if they can be bothered) takes the other two to court and then it'll come down to evidence. I'm guessing the starting point will be splitting it three ways but I honestly don't know what evidence small claims would want and whether the person who was essentially administrating the account would get some flack for not looking after it properly (even if he didn't give a forwarding address I'd be shocked if he seen nothing before it got to CCJ as debt agencies have ways of tracking you down if you get credit!) .

I doubt statute of limitations applies as that's only if they haven't tried to get payment from six years and they more than likely have and can prove it!

EveryDayIsADuvetDay · 14/01/2021 21:25

B could well have collected the cash at the time and spent it at the pub?

HOS8595 · 14/01/2021 21:27

No chance I would pay it.

All the extra fees on top as well.

I’m guessing your DP didn’t knowing not pay any of his share of bills so I wouldn’t pay thousands for other people’s fuck ups.

HOS8595 · 14/01/2021 21:28

@EveryDayIsADuvetDay

B could well have collected the cash at the time and spent it at the pub?
Exactly.

It was his responsibility to pay it and collect the money. His fault.

notdaddycool · 14/01/2021 21:31

Say the bill is £90 and there’s £500 in court costs. He should offer £30 and point out he was responsible for organising payment and should cover the £500 himself for being totally disorganised. As it’s not an ongoing friendship it’s even easier.

GhoulWithADragonTattoo · 14/01/2021 21:32

I think statue of limitations would limit this to 6 years. If that’s right no one should pay.

RedToothBrush · 14/01/2021 21:32

If you take on responsibility for a bill, when you move out you request a final bill when you submit your meter readings.

When this bill doesn't turn up, you chase it up, because otherwise there is the risk it will turn up in the future.

The idea that he didn't have any idea of the debt is not exactly right is it? It rests with the responsibility of the final meter reading and chasing it up.

If you are the one who doesn't do this, and you rack up a bunch of additional fees this is NOT the responsibility of the other tenants.

Legally they are not responsible either if they are not named on the bill. Its precisely why you should make the point of chasing the final bill to ensure you don't cope for the lot.

I guess it depends on how important the friendship is, but if you've not been in touch for 3 years...

MissMarpleDarling · 14/01/2021 21:33

I wouldn't pay it how rude. Would be statue barred by now if he was being honest anyway so no one would have to pay. Course your husband paid they all had 1 bill to pay for and B obvs pocketed the money at the time.