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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:
gobbynorthernbird · 14/01/2021 22:22

The bloody tenancy agreement has nothing to do with utility bills. They are 2 completely separate contracts. With completely separate liabilities. And 8 years later the electricity company will not be able to provide any kind of evidence that all 3 were responsible.

Godimabitch · 14/01/2021 22:27

Wouldn't pay a penny. Its housemate Bs problem. Either he didn't ask the lads for their share of the electric and keep on top of the bill he was responsible for, which is his fault and his problem now.

Or, and I think this is probably the case, your DH and A were paying their share to B who wasn't paying the bill.

FedUpWithItAllWeep · 14/01/2021 22:31

I've not said they are they same thing but that the tenancy agreement is usually proof that more than one person is responsible for the energy use. However, we shall have to agree to disagree on this point @gobbynorthernbird. This is my knowledge based on industry experience the OP can do with it what she likes.

As it is the energy company is unlikely to get their hands on the tenancy agreement unless the friend hands it over, they seem disorganised so probably don't have it but it's whether OPs husband wants to take that chance or not 🤷‍♀️

CherryBlossomTree7 · 14/01/2021 22:31

Your DH should pay his third of the original bill. He was (still is?) his friend. Any interest/penalties are the friend's issue. The friend should have obviously sorted this out at the time: got the contributions and paid it.

ForTheLoveOfCatFood · 14/01/2021 22:33

Can’t imagine it’s a very big bill unless they never paid it whilst living there? If all are named on the account all will be liable I am surprised just one person got a ccj

They need to check dates on the bill etc to make sure it’s not been left in their names after they moved out.

Does seem a bit odd to suddenly be chased and rather than wanting to challenge how they’ve got a bill they’ve gone straight to making people aware they’ve got a bill to pay.... but I’m cynical me Grin

gobbynorthernbird · 14/01/2021 22:41

@FedUpWithItAllWeep well, given that they've already apparently got a CCJ against just one person, they're not going to be looking for it. They can't now go after anyone else for that money.

notangelinajolie · 14/01/2021 22:48

Debts become statue barred after 6 years. So if there is a CCJ it would have been issued more than 2 years ago and court papers would have been issued long ago. Why has B only just contacted your DH about this?

I would say that B has been burying his head in the sand for a long time and that he never paid the electric bill in the first place.
TBH it sounds like a desperate attempt to raise a bit of cash and if your DH does send him some money I doubt any of it will be put towards paying the debt off.

Redburnett · 14/01/2021 23:01

It sounds as though Housemate B failed to pay the final bill when the housemates left the house. Probably as a result of a credit check he now finds there is a CCJ against him - it is in his name and it is his problem to solve, unless he can come up with a valid reason why it was not settled all those years ago.

thosetalesofunexpected · 14/01/2021 23:04

Hi Op
Get in Touch with Citzens Advice Bureau Agency Check the internet for the Tel no and address,often have Citzens Advice offices in towns/Cities in uk.!

Its well known,good reputation been running for a long time its Reccommened by the UK.

thosetalesofunexpected · 14/01/2021 23:11

Hi Op
Oops I ment to say Citzens advice Bureau Agency is reccomended by the Uk Gov..

Velvian · 14/01/2021 23:27

Statute of limitations does not apply, as long as the CCJ was obtained within the time. They will have got judgement by default if the debtor was unaware and did not submit a defence.

If the CCJ is against the single housemate, legally your DH is not liable. Morally, you may decide differently.

Happyhappyday · 14/01/2021 23:33

I’d wait and see how much it’s for. If it’s not a lot (to you) and you’ve seen actual paperwork that he does have a CCJ for a bill at that address I would pay it just because I wouldn’t then feel bad in the future, whatever my legal responsibilities. If it’s £1000 I’d go back through my bank statements and trace whether I had indeed paid my portion.

Cheesypea · 14/01/2021 23:39

When b get the paperwork then your husband can have a look at it.

Uhhuhoyaye · 14/01/2021 23:48

Of course your DH is right and he should pay his share. If you don't let him pay what he thinks he owes you are very controlling indeed.

Lou98 · 14/01/2021 23:50

@Jelly837363

So housemate B has said he was completely unaware of this debt until a few days ago when he became aware of the CCJ. Not sure if this is true or not but he is saying he doesn't have any paperwork as yet so doesn't even know how much the outstanding debt is

It is possible he never knew as chances are if he ever provided them with a forwarding address when leaving the property (which presumably he never if he never paid the final bill) then any letters would have been going to the old address. It is possible that he never knew until he checked his credit score and seen the CCJ.

However, if he was responsible for paying the bill then I'd be inclined to say it's his problem. Could your husband go back through his bank account (if he uses online banking) to see if he made the final payment to flat mate B? Or was it paid cash etc? If not and he isn't 100% sure that he paid then I would probably do his suggestion and pay his share of the original bill. Although I do wonder how the final bill of the water and council tax got paid but the electric never, which would make me think it was perhaps flat mate B that never paid it rather than them all not paying iyswim

GabsAlot · 14/01/2021 23:53

i think id remember if i pai d someone in a house share the bill whther it was cheque or cash

notangelinajolie · 15/01/2021 00:04

So housemate B has said he was completely unaware of this debt until a few days ago when he became aware of the CCJ

He didn't check his credit file once in the past eight years?
He is either incredibly stupid or is trying to pull the wool over your DH's eyes.

Mamanyt · 15/01/2021 00:15

The reasonable thing is for DH to pay his share of the original bill. Late fees are on the back of the one who didn't pay it in the first place. Now, DH may, or may not, have paid a share of the bill way back when. No one remembers, no one is sure. I am not sure that there is legal recourse here. But if it were I, I would pay only my share of the original bill. That is fair, and more than fair. Better it be on the roommate's conscience that he dunned twice than on DH's conscience that he did not pay his fair share.

cherish123 · 15/01/2021 00:17

It's a difficult one as it was a long time ago and they were obviously young. My gut instinct is that housemate B either didn't ask for the correct amount at the time, didn't bother to pay/shoved it under the carpet or took the money from his flat mates and didn't bother to pay (probably not maliciously). DH probably doesn't owe him anything but maybe wants to keep his friend. I guess it depends on.how much it is and how much he can afford.

Cheeseandwin5 · 15/01/2021 00:26

Its such a difficult one, and I think once you have found out the amount you should take it from there , If you can afford it then maybe paying your share could be the less stressful way to go forward. The problem is you dont know for certain if the Housemate is taking the p or they have just been caught in this situation.
I think with that in mind, it is probably better to assume it was just a mistake on his part and try and sort it out amicable

Lass67 · 15/01/2021 02:40

I think one potential problem is he is unlikely to get any paperwork.

I found out I’d had a CCJ issued a few months earlier on a credit report and my blood ran cold; I rang up the court who told me a name of a company and an amount but I had to do lots of googling, rang this company who just demanded payment and wouldn’t even tell me what it was for. Finally worked out it was a parking fine but they’d requested DVLA details literally a few days before I changed due to move.
I never could find out what the original amount was- it’s going to be really hard to separate the original bill from subsequent fees.
If it’s under £100 each I’d just pay it for an easy life.
Another option for your husbands ex housemate is if he alleges he wasn’t made aware of the debt that he could appeal the CCJ. That’s what I did and won- quite stressful and expensive but if it’s more important to not have it not his record might be worth doing depending how long the CCJ has left to run.

BlackCatShadow · 15/01/2021 02:50

I'd wait and see what happens. You may never hear any more about it.

If it's an unreasonable amount, then deal with it then, but it's hard to give advice when you don't know what is coming and he may just be thinking pay his third of the original bill, which is fair enough.

Northernsoullover · 15/01/2021 05:02

It could be true. Last year some friends from a student house share paid up until the end of tenancy (30th June) when the bill should have either gone into new tenants or landlords name. New tenants moved in on 1 Sept so the energy company has now billed them for July and Aug and they are having hell of a time trying to sort it.

Uhhuhoyaye · 15/01/2021 09:01

Good people pay their debts. Better to pay too much than run the risk of not paying what you owe.

thegcatsmother · 15/01/2021 09:47

Savoury No CCJs for CTax, it's a Liability Order for Magistrate's Court, and depending on the type of tenancy agreement, you may not have had a Liability. Nice of you to pay though.

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