Being Targetted By Baillifs, help :(

jamieboy1988

Hi there,

back in 2009, i rented a flat with a friend from a private letting agent and we both signed the let, however in 2010, i decided i wanted to move out due to differences between me and my friend.

So i served my notice to quit, and gave adequate timing, and then moved out.

My friend stayed on for an extra month.

In February 2011, i was served papers by bailliffs at my place of work, in that i was being taken to small claims for damages to the flat to be re-couped. This included damages, repairs, loss of rent, and unpaid rent.

I then contacted my friend, and he denied all this.

The total claim was for 700 pounds. due to my job, which is a very public image job, i didnt want any hassle, so i agreed with my friend i would pay half and he would pay the other half, this however, caused us to fall out in the end. So i sent off the papers, and the sherriff agreed my offer of 35 pounds per month from me and my friend.

However, the papers were only ever served on me, and not the friend. As they dont know where he lives. Im easily accesible because of the job i do.

Yesterday, bailliffs came to my home, and attempted to serve papers on me for 350 pounds. As it turns out, the friend has not paid a penny, and i am being chased for this money.

I phoned and argued my case against the solicitors representing the letting agent, in that i have paid my half, why am i being targetted and why are not chasing my other friend?

They said i was the one they were serving papers on because they knew where i lived. And they could find him.

Surely this is wrong? We both signed the let, arent we both as liable as each other? They arent serving papers on him, and he is getting away scot free and i am being left to pay his debts!

Please help or give me some advice?\

Thanks and sorry for the long story.

antonic

Sorry to be the bearer of bad news, but if you rented it as JOINT Tenants and you are now the only one they can find YOU are liable for the whole debt.

(Its called being joint & severably liable).

If its got to the stage of bailiffs being involved be very careful about what they charge you.

fatbelly

You don't appear to have a defence. This debt could quicky double with fees, and will ruin your credit file if a ccj is registered, so if at all possible you should pay it off.

I admit I'm a bit confused about what stage the debt is at. What did the (court?) bailiff actually serve you with?

RobertoMoir

jamieboy1988 wrote: »

Surely this is wrong? We both signed the let, arent we both as liable as each other? They arent serving papers on him, and he is getting away scot free and i am being left to pay his debts!

Please help or give me some advice?\

To answer the questions above in the order you ask them:

1. No, Not from a technical / legal perspective it isn't. And in legal matters, oddly enough, the legal perspective is what matters.
2. Yes. You are both 'as liable as each other'. Sadly that doesn't mean what you apparently think it means. You are both equally liable for the full amount of the debt - its up to them how to use that, and its quite common practice to proceed against the most easily found person, or (where both debtors are easy to find) the one most likely to be able to pay the debt.
3. That's between you and him. Not the LL's problem, the letting agent's problem, the solicitor's problem or the bailiff's problem. Sorry.

vax2002

Firstly you will need to find out if it is a debt collector pretending to be a bailiff, this is very common practice, many bailiff company act as debt collectors as well.
You should start by searching for any CCJ and request these bailiffs serve any orders from a court they claim to have and check them out to be true with the court.
Mostly they use smoke, mirrors and fat shouting men when they dont have any official capacity from a court.