Hoping some of you legal bods can reassure my friend. She's going to go to the CAB but can't get there until this time next week. This is a bit long-winded but think all the facts are necessary (probably).
Back story is that she jointly rented a house with twatty ex and her two kids (not his) for 5+ years. The arrangement was that he paid the rent and she paid all the utility bills and living expenses. Obviously this was never put in writing but she has bank statements proving that she paid all the bills and presumably the agent/LL can show that only he paid the rent. When they moved in together, because he didn't have a stable job (although she was working FT), they couldn't get the tenancy without his brother acting as guarantor (both their names are on the letting agreement).
Last year, twatty ex told her he wasn't in love with her, he was in love with someone else. He started sleeping at the new woman's from the next day (although all his stuff was at the house, he came round almost daily while she was out at work and sometimes slept there). She handed in their notice and they moved out 8 weeks after he told her. BUT twatty ex stopped paying the rent the moment he told her about the new woman. My friend didn't know that until the letting agent called her at the end of the first month to tell them the rent was late. She told them it was his responsibility but he wouldn't answer any calls and refused to discuss it with her (she carried on paying the utilities). Eventually his brother paid for the outstanding rent as the guarantor. Twatty ex left her with loads of other debts but she's written them off, moved into a new flat, has met someone else and is very happy. All good.
She hadn't thought about the outstanding rent and just thought twat was sorting it out with his brother. Until she got a text from the brother last week chasing her for the debt. He says she has consistently refused to repay it (although he's not been in touch with her until now) so he's put it in the hands of a debt collection agency and they will make an attachment of earnings order to her employer and send bailiffs round to her house. She is understandably freaking out. I suspect he's trying to bully her because she's the sort of person who will pay up to avoid trouble. But as far as I can see, it's not actually her debt - it's twatty ex's. However, the rent agreement was in both their names.
Phew, sorry that was so long and 
for reading this far. I have two questions:
- Is she actually liable for the debt? They have no credit agreement with the brother - only the paperwork stating he acted as guarantor for the tenancy.
- If she is liable (or if it is a grey area), wouldn't he have to take her to the small claims court first? Can you get bailiffs/debt collections agencies out to pursue people just on your say so?
TIA for any advice :)