Debt Collection Letters

Seasider70

Hi I'm new to the forums and this may have already been asked but it is a tricky one (so probably not)

I split up with my ex girlfriend and moved out in May 2008. The house was in my name but we agreed that she could stay there and pay the bills etc. I went bankrupt in August 2008 after losing a long 4 yr legal battle with the new landlords of my business premises.

The Ex continued to live in the house until it was repossessed in February 2009 when she returned to Spain. However she didn't pay up most of the bills! I am currently getting back on my feet and living with my parents but I am now being chased for an unpaid water utility bill from Advantis credit for £266. I can raise the money but am worried what else she didn't pay and what else might come my way if I simply pay something that isn't mine.

I have been told because the house was in my name I'm liable. Is this right and what should I do?

Thanks for any replies


Lee

DGJsaver

Never mind the house for a minute , who`s name was the water bill in ?

Seasider70

Hi DGJsaver

Foolishly everything was just left in my name. I never really gave it a thought at the time (stupid I know)

Lee

KingElvis

I would say with 99.9% certainty that you will be liable for all the bills with YOUR name on them.

Sorry, but I can't see it any other way :-(

Send her an invoice out to sunny Spain?

Tixy

Hi

I think you would be liable for any bill in your name, but only for any period of charge from after August 2008.
Do you know the period of charge of the £266 water bill? Have you written to advantis for proof of the debt/a copy of the bill?

What happened to the house after your bankruptcy? Did you tell the OR about this asset and was it therefore inclued in your bankruptcy? Or do you mean it was a rented property andthe tenancy was in your name? Only if it was repossesed in Feb 09 it sounds like you owned it and it should have formed part of your bankruptcy?

podperson

Unfortunately with both the house and the bill in your name then think you might be stuck with it
Might be worth sending them a prove it letter to see what they have. Also if you do end up having to pay it offer a reduced settlement amount - sounds like a dca has bought it and if they haven't been able to contact you for 2years then hopefully would accept a lower settlement.

Seasider70

King Elvis: Yep that's probably my only hope (fat chance! LOL)

Tixy: Is there a standard letter to ask for proof of the bill because part of it may be before bankruptcy in August and yes it was owned and formed part of the bankruptcy. I rather stupidly just let her stay until they took it (more fool me)

podperson: is there a reasonable amount to offer?

Lee

Tixy

Probably this one

http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

If doing a settlement offer then you could start by offering 35% or so, perhaps going up to 50% if needed - info on F&Fs here - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers Note that you need them to say in writing that the reduced amount will be in full & final settlement so that you don't get chased for the remainder in another couple of years.

podperson

You need to check if the debt has been bought by the dca or if they are just collecting on behalf of the original creditor. If they have actually bought the debt (which they would have paid peanuts for!)and since am assuming they have not had contact with you for a few years now I would be tempted to start pretty low - maybe 25%. You can always up the offer later but can't reduce it

Seasider70

Thanks Tixy, although that doesn't seem to quite fit with my objection which is more time related?

podperson: How do I find out if they have bought the debt? Do I just ask them straight out?

Lee

Tixy

I would still send that and ask them for proof anyway, the most likely thing you will get back is a copy of the bill which should show the charging period.

You could change to add in an extra statement to say something along the lines of 'if you still believe I owe this money and can produce proof that the debt exists please provide a breakdown of the balance and copies of any outstanding invoices'.

When you get proof you should be able to tell if they have bought it or are just acting. They will refer to the OC as our client if they are only acting for them. If not they should be able to provide a notice of assignement.