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Ex DH has landed me in debt - am I liable?

5 replies

Usernamealreadyexists · 20/04/2022 12:27

Ex DH and I divorced in 2018. He moved out of the marital home. We agreed that he would continue to pay bills that were in his name during the marriage and I’d pay the reminder (for context, he paid no child maintenance post-divorce). Gas and electric came out of his account. He decided earlier this year that he had no recollection of such an agreement (I have it in messages that’s what we agreed), called me a thief, scrounger, etc , and asked EDF to refund him as he moved out. The bill was on both names. EDF is now chasing me for the amount (3k).

EDF said that they will take into account the wishes of either account holder - as he called and proved he wasn’t living there, they refunded him. They did not seek my consent to do this as the other account holder. I understand they won’t intervene in private matters.

Please could someone advise if I’m liable?

OP posts:
tanstaafl · 20/04/2022 12:40

you might be, depends on how flexible EDF will be when you explain the situation to them.
if Ex made out neither bill payer lived there anymore EDF might take a different view on this entirely.

chesirecat99 · 20/04/2022 13:41

You are liable for the debt because you used the gas and electricity, and your ex can prove that he didn't. If you have proof that he agreed to pay those bills in lieu of CM and was regularly paying them by direct debit for years (if it was an error, he would have cancelled it before), you could pursue him through the small claims court for the money. I would also put in a claim to the CMS ASAP.

Thestagshead · 20/04/2022 13:44

Yes you are liable as he can prove he wasn’t living there, you need to pay and then pursue him for the money to pay you back.

Octomore · 20/04/2022 13:46

You will be liable for the bills - you live there, you are using the energy, and the messages aren't a contract.

However, if that's how he wants to pay it, I would be pursuing him for the unpaid child maintenance that he now owes.

Octomore · 20/04/2022 13:48

Tbh, it's a bit unusual for the only record of a divorce settlement to be phone messages. What did the divorce settlement have to say on this?

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