Partners ex taking us for every unfair penny....

Fire_Fox

crofty-1988 wrote: »

Apologies to all I seem to have upset, we no longer have the contracts, but Im sure as you have said my OH would have been responsible in some way, I just always assumed that thats what a guarantor was for...

I know that I only wish the law had taken the process step by step or at least offer my OH an explanation as to what the hell was going on and what he was paying for and why he was paying instead of just snatching money from his wages, he has never even had a letter from the courts explaining a break down of the charges or even saying what the total charges are!

The guarantor is as liable as the ex and as liable as your partner, but court papers can only be legally deemed to be served where the current address is known. If the ex and her guarantor have absconded then your partner is the only remaining person they can get a judgement against.

Are you saying that at no point from the end of the tenancy to the CCJ has your partner been given a statement of what is owed, nor had court papers served on him? Did he not know about the court date, did he not attend? I thought you said you submitted a defense on his behalf?

crofty-1988

He did not know of a court date at all as he did not give anyone his new address. He would not of known anything at all about it if it wasnt for his employer letting him know that they were ordered to take the money from his wages....

At this point I asked him to get his !!!! into gear and find out what the hell is going on, all he was allowed from the employer was a reference number and a telephone number, with the very minimal information they could give him (none about total amounts nor statements) they suggest he wrote to the judge explaining, which I did for him but they basically just said that he was liable to pay it as his ex and her mother disappeared, although if they looked for either of them they would both be easily found!!

crofty-1988

PS still no statements nor total bill sent & this was over a year ago now!

FraudBuster

I am amazed at the number of people who post on these Boards who have never received any papers from the Courts.
They must all have been lost in the post.

Jowo_2

crofty-1988 wrote: »

My last 3 tenancies have all been joint tenancies with TWO tenants, he gets one contract in his name, I get one in my name.....

If you have separate tenancies in sole names on an individual basis then you aren't joint tenants...

ILW

FraudBuster wrote: »

I am amazed at the number of people who post on these Boards who have never received any papers from the Courts.
They must all have been lost in the post.

OP did say that when the partner moved, he did not tell anyone where he had gone.

Catblue

crofty-1988 wrote: »

At this point I asked him to get his !!!! into gear and find out what the hell is going on, all he was allowed from the employer was a reference number and a telephone number, with the very minimal information they could give him (none about total amounts nor statements) they suggest he wrote to the judge explaining, which I did for him but they basically just said that he was liable to pay it as his ex and her mother disappeared, although if they looked for either of them they would both be easily found!!

And here is your problem. Your partner's "Oh, I only signed half a tenancy, forgot to leave a forwarding address for the landlord :rolleyes:, don't know about court papers, am not even capable of writing a letter to the court, and it is all the ex's fault" guff is laughable.

Tell him to man up and sort his own problems out. You sound like his mother, making excuse after exuse for him.

If he had stepped up in the first place and settled the joint debt for which he previously signed a contract taking responsibility (or even provided a forwarding address to the landlord), he could have avoided the debt escalating, all this CCJ business and having his employer know how irresponsible he is.

The person who truly has been wronged here is the landlord who should never have been put in the position of having to take legal action to recover the debt.