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Can they just take me to court?

2 replies

Marsbarcheesecake · 09/07/2013 14:14

Former marital home is for sale (STBX) living there. House in joint names so we both had to sign the marketing agreement - ie it's a contract between estate agents and Mr&Mrs Cheesecake.

Have now had a letter from estate agents threatening court action over none payment of "your half" of the initial fee (£195). I'm a single parent on benefits (looking for work & ex earns £65,000+).

Can they legally just come after me? Aren't we jointly liable for what's outstanding even if he's made a payment? I simply can't afford it!

OP posts:
Saidar · 09/07/2013 23:37

If you both signed the agreement you are both liable as I understand it. Unless you stipulated in the contract that you were each responsible for half they can chase either of you for the full amount.

e.g. He demonstrates an inability to pay, they can decide to pursue you for the full amount and vice versa.

If you signed to say half each or no mention of a split in terms of liability yes they can chase you for the outstanding balance, but they should also be chasing him.

I'm not a solicitor but I work a debt collection agency.

Saidar · 09/07/2013 23:38

Sorry, meant to say if you signed for half each they will expect you to pay your half. If there was no stipulation they can reasonably chase you both to pay the remainder.

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