Need help regarding old rent arrears please.

Bluebelle72

Hi there I hope someone can help me, this is the first time I have posted on here. In 2004 my then partner of 14 years walked out on me and his three kids for another woman leaving us in debt with rent arrears, water arrears, council tax arrears, you name it we got the arrears for it, although I know it takes two to get into debt he was one of the shirkers of the world and hated working so was in and out of work for years, losing job after job. He paid me no child maintenance for the kids, and no money whatsoever for his half of the arrears, so I had been attempting to pay the rent plus some off the arrears each week. the arrears when he left were almost £4,000, both our names were on the rent book with the housing association.

I eventually met a wonderful man who helped me a lot and paid off my half of the rent arrears and more bringing the balance down to just over £1,500, we then sought private rented accomodation, and subsequently moved in April 2006, I continued to pay all the arrears for everything that my ex left (and still am paying them!) apart from the remaining rent arrears which I thought was only fair my ex should pay, so when I moved I contacted the housing association and told them that although my ex and I were both severally liable for the arrears I would not be paying any more and gave them my ex-partners new address for them to obtain money from him, a few weeks later I had a nasty call from my ex saying he was going to be paying it.

I heard nothing then until 2 weeks ago when a letter came through our door from a company called Centrethorn Debt Recovery Unit addressed to Ms (my first name but no second name) & Mr (my ex-partners first and second name), requesting payment of £1522.73, as the letter did not state my second name I called the company and told them that the person the letter was addressed to did not live at this address. They told me that a Ms (my ex-partners second name) had given them my address, so I assumed that it was my ex-partners new wife, (the one he left me for) had passed on my address, may I state at this point that we have had a lot of trouble from this woman and her family in the past, which has involved us having to call police and make a complaint, they are one of the big reasons why we moved away and didn't want them to know our address but my eldest son decided to tell his dad one day.

Today I have received another letter from the same company addressed the same stating "As you have failed to answer our calls (had no calls) or letters, with any satisfactory outcome, we can only assume you are purposely avoiding repayment of this debt."


Blah Blah

Then goes on to say,
"In the event that our client has already taken legal action in this matter and obtained a County Court Judgement, an application will be made to the Court Bailiffs to attend at your address, for the purpose of levying goods to the value of the debt."

Sorry this is an essay, I need to know where I stand and whether I can make him pay his half of the arrears or not. And if it does go to court will the judge make him pay the remainder and not me. what should I do? Please someone help, I am due to have my baby in the next 3 weeks and this is really stressing me out!

hypno06

Just bumping this up in the hope that someone can help bluebelle, as I don't have any experience on this particular subject.

MCBIRNIE25

Firstly, sounds like the DCA don't know their !!!!!! from their elbows.They should know if their client has taken legal action.Secondly,you need proof of all payments that have been made on the account if it does go to court.I would send a subject access request and the £10 to the company, requesting all documentation, statements etc held aboutyou. Whilst this is being processed no action can be taken against you anyway. I have a standard letter if you need it.Next, make an appointment to the CAB, who will advise accordingly. My gut feeling is once you have proved your half of the payments then the judge will order them to pursue your ex.Good luck.

Ches

bumping again

meluca

As both your names were on the tenancy you are both liable to pay any arrears.

You cannot just decide that you feel you've paid your half and now it's your ex's turn - as cr*p as it is you are liable till the full amount outstanding is cleared.

I need to know where I stand and whether I can make him pay his half of the arrears or not.

You can try and make him pay but in all honesty if he hasn't paid anything towards it yet what are the chances of him coughing up now ! (although you could take him to small claims court for his half owed to yourself )

tallyhoh

Sorry. I am afraid Meluca is right. They will chase whoever they think can and may pay the arrears, you are both resonsible for them. As you have left the property they cannot threaten you with eviction so they normally obtain a judgement for the money.

I have known a case go to court and one half of the party produce proof that they have made an effort to pay and have paid at least half. The judge did give an order only to the other party. However this is rare indeed. In 20 years I have only known this one occasion. You could try it, nothing to lose from what I see. Go and plead your case. I doubt if the other half will put in an appearance.

Bluebelle72

Thanks hypno and all the others that have offered advice, I guess it's just something I will have to face. I may just do the ex-partners head in and take him for 3 years of child maintenance too!