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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:
Hippee · 14/01/2021 21:33

I had this with a phone bill - they got my forwarding address wrong and the first thing I knew was that they were threatening the bailiffs (to the wrong address that they had sent the bills to). It all got sorted out, but obviously I had to pay the original bill when I finally got it. And it had only been a year.

waydownwego · 14/01/2021 21:35

I don't know why everyone is assuming the former housemate is trying it on. It's plausible that a final bill was sent to the property after they all moved out, and wasn't forwarded on correctly. Maybe the new residents binned the mail. Maybe RM redirection was in place and it failed (I've had that before).

If the former housemate doesn't need a good credit rating for anything (i.e. no applications for credit cards, mortgage, etc), it's plausible he hasn't been checking his credit score regularly and had no idea about the CCJ.

If he's been very unlucky, it would be wrong of your DH to not pay his fair share. It so happened that this housemate paid this bill. It could easily have been your DH.

He should absolutely pay his 1/3 share. As for late fees/penalties etc, it depends on the circumstances. I probably would pay 1/3 of those too, unless the housemate suddenly admitted to ignoring the bill.

starfishmummy · 14/01/2021 21:38

@GabsAlot

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
It was 8 years ago; I don't think not remembering from that long ago could be classed as disorganised!!
sausagepastapot · 14/01/2021 21:40

I wouldn't engage and I certainly wouldn't pay.

bluecheesefan · 14/01/2021 21:46

@GhoulWithADragonTattoo

I think statue of limitations would limit this to 6 years. If that’s right no one should pay.
The person has only just found out. The CCJ was probably issued a number of years ago, but the paperwork went to the previous address, so they never received it.
PyongyangKipperbang · 14/01/2021 21:46

Its possible that he wouldnt have known.

My BIL had a CCJ he had no knowledge of until he and my sister applied for a mortgage. It was about 10 years old by that point but as it was unsatisfied (ie, unpaid) it still came up on his record.

It was when he had been in a residential rehabilitation place after a serious workplace injury that left him learning to walk again. He didnt know that he was being charged council tax for the 6 months he was there and due to some admin error, it was never sent to him and he never paid it. He moved a couple of times and never received notifications. As soon as he found out he paid it.

So it could be that B has had a similar situation where the paperwork never caught up with him and it has now affected his ability to get a decent % mortgage or similar.

All that said, I wouldnt pay it as based on the above, I would think that he has told his partner that its a joint expense with A and C so she doesnt go bonkers at him that they have to spend ££££ on this bill.

Snowvid19 · 14/01/2021 21:46

I was responsible for the water bills on a flat share, and massively cocked up. I ended up having to pay nearly £1000 to sort it all out. Wouldn’t have dreamed of asking my ex-flatmates for the money!

Tistheseason17 · 14/01/2021 21:46

Depends- did your DH actually pay his 1/3 share at the time? If he did already pay why would he pay again?

crowsfeet57 · 14/01/2021 21:53

If housemate B was unaware of the debt from 8 years ago and has not acknowledged the debt in any way, then it will be statute barred and they cannot chase it. However the fact that they obtained a CCJ must mean that the debt has been acknowledged in some way within the last 6 years.

gobbynorthernbird · 14/01/2021 21:59

@crowsfeet57

If housemate B was unaware of the debt from 8 years ago and has not acknowledged the debt in any way, then it will be statute barred and they cannot chase it. However the fact that they obtained a CCJ must mean that the debt has been acknowledged in some way within the last 6 years.
What are you on about? B doesn't have to 'acknowledge' the debt for it to exist. Power company probably issued at the last known address, which comes under CPR. They can do this without ever having had any contact with B.
gobbynorthernbird · 14/01/2021 22:01

@FedUpWithItAllWeep the only person responsible for a utility bill is the person who is named on the bill. Doesn't matter who else is on the tenancy.

Alez · 14/01/2021 22:07

Why is everyone assuming the other guy is trying it on? What's more likely is he didn't receive final bill at the time, or got an estimate bill that was too low. They were students, it's hardly unreasonable that they cock up the bills occasionally. In my first student house none of us did a meter reading for a year, thinking the bills were coming fine and dandy and then at the end of the year when the meter was done we owed £500!

If your husband is a decent person and has no reason to believe this person is lying, I would just ask to see the CCJ when it comes through and then pay his third if the bill amount. It seems pretty unlikely to me that this guy would have taken his bill money at the time and spent it in the pub only to come knocking 8 years later.

FedUpWithItAllWeep · 14/01/2021 22:09

That's not true @gobbynorthernbird otherwise tenants would get out of paying their bills by simply not setting up accounts or putting someone else's name on the account. The tenancy agreement is a legally binding document which sets out who is responsible for the payment of the bills. In joint tenancy this is all the tenants unless the landlord pays it (which is not the case here). In the event of a dispute over responsibility the energy company will bill whoever is on the tenancy agreement and the rest becomes a third party dispute.

FirstladyKirkman · 14/01/2021 22:09

My thinking is he has applied for something....mortgage maybe and this CCJ has popped up. Debts are statute barred 6 years from the date of default. If a CCJ has been ISSUED, then it would have been BEFORE the 6 years, so statute barred is irrelevant. The debt is in his housemates name so legally your DH has no requirement to pay anything towards it.

Robbybobtail · 14/01/2021 22:11

If they all paid an equal third and it was housemate B’s job to pay the leccy bill - why is he now faced with a CCJ? It must be because he didn’t pay it? So has he given a reason for not paying it at the time, am I missing something?

gobbynorthernbird · 14/01/2021 22:11

@FedUpWithItAllWeep please see above CAB link another poster shared.

FirstladyKirkman · 14/01/2021 22:12

Apologies for the words in capitals. Obviously used those words in auto spell before!! 🤦‍♀️

Ratbagratty · 14/01/2021 22:13

Are you sure this is 100% real and that B has not received a scam letter/pressure that looks real?

Tickthosefleas · 14/01/2021 22:16

We had this but council tax. A bill addressed to my partner and two others turned up addressed to our house referencing an unpaid bill from 6 years ago! I don’t know how they took so long to track him down he has been on a council tax bill for the same area ever since he left that address.

He paid it and the ex-housemates paid him back. I think it was £80 each so not mega bucks.

It depends how much your OH values the friend really. He could legally get away with not contributing but he would probably lose the friend in the process.

Savoury · 14/01/2021 22:17

I was in the same position.
A former flatmate (flat share) got in touch to say that she had been subject to a CCJ for council tax. It was pre-social media so we were no longer in touch but I liked her. I had lived there for a year - people lived there before and after me - and believed the others who said we had a discount.
I paid the amount she specified but to the council in question who seemed delighted to have money off the account.
I paid because upon research, I realised we didn't deserve the discount. I paid twice the amount we would have paid had we paid on time because of costs and fees.
I had no legal obligation as I was never on the lease but it was the right thing to do.
I never heard from the ex-flatmate again and despite some googling, there is no trace of her.
I would do the same again.

FedUpWithItAllWeep · 14/01/2021 22:19

Yes please do @gobbynorthernbird

In some cases, the supplier can hold other people in the flat responsible for the bill
but only if they can prove that the person who made the contract did so on behalf of
the other resident

If the tenancy agreement says all are responsible for the bills that is proof that the contract has been set up on behalf of the other residents and the supplier can hold others responsible.

MadeForThis · 14/01/2021 22:21

Just wait until you get the paperwork. No point in guessing.

tttigress · 14/01/2021 22:21

It's probably not that much, within reason I would just pay it.

BillMasen · 14/01/2021 22:21

Some of you are really cynical in just assuming his mate is trying it on, or just harsh saying “nope don’t pay”

I’d probably pay my share of the original bill, assuming my mate had made an error and he’s probably really annoyed at himself for getting a ccj