Ex-partner didn't pay bills

DandelionPatrol

modsandmockers wrote: »

Tell us more - what should happen?

sacsquacco wrote: »

Enlighten me DandelionPatrol, who will get chased for debts other than the account holder or holders ? Debt collectors may try, which may be the case with the OP, seeing as he has nt actually seen the account. I had that happen with my Mother when she died owing thousands. I m still getting demands years later which I either ignore or send them a copy of death certificate which sometimes stop them.

The essence of this is that the name on the bill, or on the letter or on the account is only relevant if it is actually the name of the contracted customer.

Although utilities and their debt collector friends often intimidate the named person into paying up, when they are not the contracted customer, they should not always be getting away with this.

If OP is not the customer, then OP should not be advised to pay up and sue the ex to recover the losses. OP should not pay and the utilities should themselves attempt to recover from the ex.

[Deleted User]

DandelionPatrol wrote: »

The essence of this is that the name on the bill, or on the letter or on the account is only relevant if it is actually the name of the contracted customer.

Although utilities and their debt collector friends often intimidate the named person into paying up, when they are not the contracted customer, they should not always be getting away with this.

If OP is not the customer, then OP should not be advised to pay up and sue the ex to recover the losses. OP should not pay and the utilities should themselves attempt to recover from the ex.

Thats exactly what I and others are saying.The OP at the moment doe nt know for sure..but if he is the account holder, then he will be liable for the bill. I can t understand why he can t find this out quickly by a call to cust services at SSE, they won t lie to him

taconite2

modsandmockers wrote: »

In your original post you said 'I never "lived" at this property - I might have stayed over the occasional evening.' Your revised version of events is precisely the sort of discrepancy that debt collectors will latch onto immediately.

Stick to your guns for as long as you can, but if it looks like they are succeeding in wearing down your resistance then, without admitting any kind of liability, offer them a lesser sum in 'full and final settlement' because the dispute is beginning to damage your health. But get some specialist advice about how to make sure that they cannot renew their claim for the outstanding balance at some time in the future.

Totally agree! I intend to be accurate so they have no room to do this!

DandelionPatrol wrote: »

The essence of this is that the name on the bill, or on the letter or on the account is only relevant if it is actually the name of the contracted customer.

Although utilities and their debt collector friends often intimidate the named person into paying up, when they are not the contracted customer, they should not always be getting away with this.

If OP is not the customer, then OP should not be advised to pay up and sue the ex to recover the losses. OP should not pay and the utilities should themselves attempt to recover from the ex.

Which is why I've asked for proof. Sueing ex won't get anywhere. She doesn't live in the UK anymore.

sacsquacco wrote: »

Thats exactly what I and others are saying.The OP at the moment doe nt know for sure..but if he is the account holder, then he will be liable for the bill. I can t understand why he can t find this out quickly by a call to cust services at SSE, they won t lie to him

Maybe but the letter is from a debt collector. First I've heard of it. SSE never bothered to contact me prior to this. Had the debt collector not bothered to contact me I'd be none the wiser.

taconite2

Ok I'm fuming!

Debt recovery called back...

**apparently** I (myself it seems) showed their client visitor on the 7th March 2014 a copy of the tenancy agreement which had my name on it!!!! What the hell?!

Total lies!! Where do they get this from??!?!?! I never did anything of the sort!

Anyway I've told them that's a blatant lie and I want written proof, otherwise they can close the file. So I should have an update in 7days time!

naedanger

taconite2 wrote: »

Ok I'm fuming!

Debt recovery called back...

**apparently** I (myself it seems) showed their client visitor on the 7th March 2014 a copy of the tenancy agreement which had my name on it!!!! What the hell?!

Total lies!! Where do they get this from??!?!?! I never did anything of the sort!

Anyway I've told them that's a blatant lie and I want written proof, otherwise they can close the file. So I should have an update in 7days time!

Did they say this in writing? If so, and if your name is not on the tenancy agreement, then I would be considering a complaint to their regulator.

taconite2

naedanger wrote: »

Did they say this in writing? If so, and if your name is not on the tenancy agreement, then I would be considering a complaint to their regulator.

I've asked for all correspondence in writing from now on (since they are playing this game with me) should this go to court.

They said it will take 7 days to draw up their "evidence" to send me.

Honestly if that's their strongest claim they want to bring before a judge the hearing will be a total joke!

Who is the regulator for this? Ofgem?

naedanger

taconite2 wrote: »

I've asked for all correspondence in writing from now on (since they are playing this game with me) should this go to court.

Sorry, its still not clear to me whether what they have already said was in writing or not. Have they already put in writing that they have seen your name on the tenancy agreement?

Honestly if that's their strongest claim they want to bring before a judge the hearing will be a total joke!

If they say in court they have seen your name on the tenancy agreement, and have evidence you took out a finance agreement at that address, then they have a strong case unless you can provide counter evidence. (As it is a civil case, and is not a criminal one, it is decided on the balance of probability.) Obviously if you could show they were lying then that would be different.

Who is the regulator for this? Ofgem?

I think (but am not certain) debt collectors are now regulated by the FCA. However given the nature of debt collectors' business I suspect the FCA will only be interested in the most serious cases and where there is very good evidence.

I think specific complaints about debt collectors should normally be made to the financial ombudsman service.

taconite2

naedanger wrote: »

Sorry, its still not clear to me whether what they have already said was in writing or not. Have they already put in writing that they have seen your name on the tenancy agreement?

If they say in court they have seen your name on the tenancy agreement, and have evidence you took out a finance agreement at that address, then they have a strong case unless you can provide counter evidence. (As it is a civil case, and is not a criminal one, it is decided on the balance of probability.) Obviously if you could show they were lying then that would be different.

I think (but am not certain) debt collectors are now regulated by the FCA. However given the nature of debt collectors' business I suspect the FCA will only be interested in the most serious cases and where there is very good evidence.

I think specific complaints about debt collectors should normally be made to the financial ombudsman service.

Nothing in writing. It's all suspicion - probably waiting to see if I would pay up from a fancy header red letter paper through my door. Sadly I'm wanting more proof before I hand over my hard earned money.

They *claim* to have seen a tenancy agreement I presented before them in person. Which is a massive lie. I don't recall being on it. I never presented anything as I don't live there. I've asked for proof. If they want I'll even get a copy of my time-sheet from that day I would have been at work. More proof.


As for the finance agreement - that was my initial suspicion based on looking at my credit file. Not what they said. Taking a finance agreement out isn't proof of residency! I have proof I was living elsewhere during this whole time.

So far I can't see anything to suspect this is my debt. Just concerned how they got my name in the first place.

taconite2

See -

I asked for confirmation of our phone call in writing via e-mail and they didn't even do that properly!

All they've said is I'm being held liable for the property but no explanation how or why...

And my dispute is classed as a Third Party Dispute between yourself & your Ex-Partner. - I never stated that! I provided the proof of Electoral role they asked for originally. Along with copies of *her* dated bills from other providers (What i could find) she lived there.

So now the debt collector has raised a complaint with the utility provider and they will call me in 7 days. I'm sick of phone calls. I want everything in writing! How is this so hard for them to understand?!

naedanger

taconite2 wrote: »

Nothing in writing.

Then I think you have taken the correct stance. I doubt they will put a lie in writing. If they do say something in writing make sure it is a firm statement that they cannot later deny e.g. make sure it names the person saying this and states that this person has recently confirmed to them he is certain.

If you can get hold of a copy of the tenancy agreement and it shows you are not on it then you have a very, very strong case.

I don't know what debt collectors' practices are, but these days I might expect them to photo any evidence. So if neither of you can produce a copy of the agreement I would hope a court take your word on the matter, all else being equal. (Since it should be possible for them to prove what they are saying but it would not be possible for you to prove the opposite.)

It's all suspicion - probably waiting to see if I would pay up from a fancy header red letter paper through my door.

Possibly a bluff.

Taking a finance agreement out isn't proof of residency!

If there is a finance agreement that you have actually signed that shows your address as being the flat, and that agreement is produced in evidence, then it will put you very much on the defensive. It will look like you either lied then or are lying now. In either case I think it could cause the judge to believe the other side's word over yours.

So far I can't see anything to suspect this is my debt. Just concerned how they got my name in the first place.

I agree that they have not provided enough information to support their view the debt is yours. The ball is still in their court.