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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Refusing to pay debt

17 replies

Ilikenewbedding · 27/11/2021 14:31

Not aibu but posting for traffic.
Got a letter about an old debt from a previous address where I lived with my exH. It's in both our names, and I called straight away to set up a payment plan. I've since then asked exH to pay his half of the debt, and he's straight out said no because they didn't send anything to his address, despite me showing him the letter with his name on.
Is there anything I can do so that I don't end up paying the whole thing myself? For context, he's on UC and doesn't work but I am too, due to being a full time carer.

OP posts:
Hellocatshome · 27/11/2021 14:40

What was the bill from? I used to work for an energy company and we didn't split bills so even if a bill was in two names we expected it to be paid in full even if that was just by 1 person (there was a technical wording for it butbI cant remember it) best thing to do is take him to small claims court. You can do it online and the fee depends on the amount but isn't huge. Normally once they get the official documents from the court they pay up without you having to take it all the way.

Welshmaenad · 27/11/2021 14:55

@Hellocatshome

What was the bill from? I used to work for an energy company and we didn't split bills so even if a bill was in two names we expected it to be paid in full even if that was just by 1 person (there was a technical wording for it butbI cant remember it) best thing to do is take him to small claims court. You can do it online and the fee depends on the amount but isn't huge. Normally once they get the official documents from the court they pay up without you having to take it all the way.
Joint and several liability.

OP get advice from CAB or an organisation like StepChange about this debt. Unfortunately, legally, you're likely to be liable for it all if your EXH won't pay but they may be able to help with a reasonable payment plan.

Hellocatshome · 27/11/2021 14:57

Joint and several liability

Thats it!

EvilPea · 27/11/2021 14:59

I had something similar, I managed to get the debt squashed as it had been taken to court. So I reopened the case and got it squashed.

I was jointly and severally liable, as the one that they could chase, they chased me. The advice was to pay it and then take ex to the small claims court for his share.

GiltEdges · 27/11/2021 15:25

You're jointly and severally liable, which means if one of you is unable (or, as in your case unwilling) to pay, the other is expected to. There's no half his and half yours as far as the creditor is concerned, you both owe 100% of the debt. It's an expensive but valuable lesson to learn.

Original poster
Ilikenewbedding · 27/11/2021 15:52

Thanks everyone, as I thought. Just hoped I might find a loophole somewhere.

It's for council tax, and it's not an extreme amount of money so I'll just pay it and hope Karma bites him in the bum at some point Grin

OP posts:
NeverDropYourMooncup · 27/11/2021 16:23

@Ilikenewbedding

Thanks everyone, as I thought. Just hoped I might find a loophole somewhere. It's for council tax, and it's not an extreme amount of money so I'll just pay it and hope Karma bites him in the bum at some point Grin
Whilst you'll still have to pay it, it wouldn't hurt to advise them of where he was living in case he also 'forgot' to pay for council tax at his subsequent address.
tensmum1964 · 27/11/2021 23:08

Give them his address.

Thursdaymiami · 27/11/2021 23:27

How much is it for? If it’s for anything over the cost of ccj then I would do it just to prove a point.

Thursdaymiami · 27/11/2021 23:27

Karma doesn’t get these fuckers. A ccj does

EvilPea · 28/11/2021 08:50

Are you liable? Is it the historic debt department?

Slippy78 · 28/11/2021 08:58

As it's for council tax I'd pay it off as soon as possible.

Not because that would be fair, just because it's one of the only debts that can lead to a prison sentence if not sorted out.

Eeyoresideyestigger · 28/11/2021 11:02

Karma doesn't care , but a small claims court will.

Email ex H a scan of council tax debt and ask him to pay his share , give him deadline

Pay your half and let council know you've asked ex at this address to pay his half

As council tax (CT) is usually £100-200 a month , it sounds like it'd be worth putting in a small claims against your ex if he doesn't pay . As CT may likely still come after you if he fails to pay

It's quick & cheap to small claims court online and you need to notify ex that you'll take legal action and will add cost of court also to amount reclaimed , as he has failed to pay and left you jointly liable

He might pay quickly
If not, you've got a fairly straight forward claim to win

Santaischeckinglists · 28/11/2021 11:04

My ex did similar.. I wrote to the utility bills and pointed out 2 adults lived there and I was happy to pay half but they could chase him for the rest.
And that's what happened. I paid 50% and that's all.

mogsrus · 28/11/2021 11:11

Any debt should never be ignored,it will just snowball,& end in tears

Bananalanacake · 28/11/2021 11:15

Is he not working due to covid? if he were to get work maybe he could pay it off. You are working as a carer so obviously can't get another job.

GrandTheftWalrus · 28/11/2021 11:17

My ex has left me 7 grand in council tax debt. He's on 30k plus per year and I'm on a zero hours contract with 2 kids but they want me to pay because he put it in my name then didn't pay it.

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