Ex-partner didn't pay bills

[Deleted User]

naedanger wrote: »

It is up to the supplier to prove that the OP is liable on the balance of probability. The OP does not need "cast iron" proof. He just needs to show that on the balance of probability he is not liable. And he only needs to convince a court not the supplier or their debt collectors. If he was feeling unhelpful he could do nothing until they started legal action against him.

If I was the OP I would not be asking to see any bills since his argument is they are none of his business.

All suppliers will only chase the account holder only, and wont get involved in third party disputes.Thats why he s being chased for the debts.Its then up to the account holder to claim against his ex..

D_M_E

I think that, "after investigations" the energy company has decided that, in view of the fact that OP has the same surname as his ex, then they have decided that they have the correct person as it seems to me that they think the christian name on the original account was wrong and it should have been the OP, not his ex and this is why they are trying to land him with the bill.


As others have pointed out, you need to get as much proof as possible to show that you never lived at the supplied address and therefore were not responsible for any charges - energy or council tax or anything else.


Also, if they do ring you up, ask them what data they hold on the account, such as date of birth and if it's not yours then that is further proof of fraud.

naedanger

sacsquacco wrote: »

All suppliers will only chase the account holder only, and wont get involved in third party disputes.Thats why he s being chased for the debts.Its then up to the account holder to claim against his ex..

But he is not the account holder. If the supplier disputes this then it is not a third party dispute rather it is a dispute between them and him. A court will resolve the dispute based on the evidence each party provides. And the court will decide based on the balance of probability as it is a civil matter.

If both he and his ex were on the bill or were both financially responsible for the property then the supplier could pursue him alone. And if he thought his ex had some liability then the supplier could say that was a third party matter.

System

Given the amount of money involved, and if I was 100% convinced that I was not liable for this debt, I would be seeking proper and considered legal advice. Once the claim had been dropped, I would then be making a counter claim for legal fees plus compensation.

naedanger

D_M_E wrote: »

I think that, "after investigations" the energy company has decided that, in view of the fact that OP has the same surname as his ex, then they have decided that they have the correct person as it seems to me that they think the christian name on the original account was wrong and it should have been the OP, not his ex and this is why they are trying to land him with the bill.


As others have pointed out, you need to get as much proof as possible to show that you never lived at the supplied address and therefore were not responsible for any charges - energy or council tax or anything else.


Also, if they do ring you up, ask them what data they hold on the account, such as date of birth and if it's not yours then that is further proof of fraud.

It might just be a mistake. They may have assumed that since he has the same name as his ex that they were married, in which case it would have been highly probable he was living in the property and so also liable for the energy used.

If he put her address down as his own address on the car loan (this is not clear to me) then I can see why they are pursuing him. However if he provides enough evidence to counter this then hopefully they will drop the matter.

taconite2

I won't bother claiming off my ex, been there done that for money she already owed. Got £1200 of the £3175 she owed. She's in Oz now to pursue it through an Australian judge will cost minimum £500. Plus I'd need a solicitor over there to represent me. Not worth it. So I've written it off. She lied through the entire case (even rang the police 4 months later claiming I hit her during the relationship, interview under caution etc -they closed it due to lack of evidence) and even had the cheek to complain when the third party debt order was set up. This is exactly why I wouldn't put it past her to change names on bills....


I'll keep you updated. Currently I've showed them evidence in the form of electoral roll from my council, my driving licence and credit report all listing my own address.


The car finance was a messy and stupid thing. I bought the car in my name since she didn't have good enough credit to get it herself. In the end I traded it in and the rest was settled in court. I did put her address down, it was part of the agreement for finance the car was located at the address.


I'm curious now what was actually on the rental agreement or the bill - If she added my name.....and whether that is what they are using as evidence.


lets see what they say first...

boliston

taconite2 wrote: »

just my name...


I suspect they've got my name from the "linked addressed" on my credit file. I bought her a car on finance and put her address down.....

Is it possible to buy a car on finance for a third party? Surely when you buy a car on finance then you are buying the car for yourself and lending it to the third party?

naedanger

taconite2 wrote: »

I'm curious now what was actually on the rental agreement or the bill - If she added my name.....and whether that is what they are using as evidence.

I would have thought they would have told you (at least if you asked) why they believe you are liable. From that you may be able to deduce if she put your name on either the bill or rental agreement. (But I would have thought it harder to put your name on the rental agreement since I would expect the landlord would know the truth. Also I would expect he would want a signature. However if she has put your name on the rental agreement that will probably mean things will take longer to sort out.)

taconite2

boliston wrote: »

Is it possible to buy a car on finance for a third party? Surely when you buy a car on finance then you are buying the car for yourself and lending it to the third party?

Slightly off topic :-) You are correct. But in the small claims court the judge accepted we had an agreement in place between myself and my ex. I asked when I purchased the car and with this particular company it was allowed. The insurance and DVLA stuff was registered in her name at her property. Yes I know very very stupid and I paid for my mistake when she messed me around.

naedanger wrote: »

I would have thought they would have told you (at least if you asked) why they believe you are liable. From that you may be able to deduce if she put your name on either the bill or rental agreement. (But I would have thought it harder to put your name on the rental agreement since I would expect the landlord would know the truth. Also I would expect he would want a signature. However if she has put your name on the rental agreement that will probably mean things will take longer to sort out.)

Well they said it can take up to 14 days to find out why they think its me. They've frozen the claim for now while this takes place...

[Deleted User]

taconite2 wrote: »

Just my name

and its your Christian name or initial is on the Account ? . Suppliers get this sort of thing every day with counter claims flying around about who s liable for the bill..They can t possibly get involved in disputes like this where lawyers could get involved trying to prove whos owes who. The OP could well be "registered " at his parents house or claim to live permanently there.That means nothing.If his Initial and Surname is on the account that is who the suppliers chase up.In an earlier post he described his ex as his "partner " which signifies a settled relationship.
I myself am "registered " in a different address to the one I mostly live at, and my name is on that account for all the bills.I dont think that is uncommon.