Notice before proceedings
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LavenderLamb101
Posts: 85 Forumite
Hi,
Long story short me and a ex purchased fitted furniture from a national supplier, we split before the final payment was made.
They contacted her asking for payment to be made but all she did was palm them off with my details and they requested the £400 from me. I offered to pay half and be done with, now she's refused to pay 'her half' of the debt and I have a notice that they will seek to take me to court.
Now the question is, where do I stand?! The letter is addressed to the previous residence where I have not lived in over 6 months, it is addressed to me albeit.
I have had a email from their debt collection team to state we are jointly liable.
Can someone please advise?
Long story short me and a ex purchased fitted furniture from a national supplier, we split before the final payment was made.
They contacted her asking for payment to be made but all she did was palm them off with my details and they requested the £400 from me. I offered to pay half and be done with, now she's refused to pay 'her half' of the debt and I have a notice that they will seek to take me to court.
Now the question is, where do I stand?! The letter is addressed to the previous residence where I have not lived in over 6 months, it is addressed to me albeit.
I have had a email from their debt collection team to state we are jointly liable.
Can someone please advise?
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Comments
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Have you got the paperwork? And in whose names is it?
Who has the furniture?I have had a email from their debt collection team to state we are jointly liable.It depends on the paperwork.- All land is owned. If you are not on yours, you are on someone else's
- When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
- "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
- All land is owned. If you are not on yours, you are on someone else's and their rules apply.
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The contract is in my name, but my ex signed off the installation.
The furniture is fixed in our old abode.
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If the contract is in your name, doubt there is "joint" liability as you signed it. Looks like single liability. Sorry.
- All land is owned. If you are not on yours, you are on someone else's
- When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
- "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
- All land is owned. If you are not on yours, you are on someone else's and their rules apply.
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You have already answered your own question you signed the contract, signing the installation is only that you are happy with them fitting it. Has nothing to do with the payment.0
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Why is it that the company have said it's joint responsibility?
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LavenderLamb101 said:Why is it that the company have said it's joint responsibility?Because the debt collection team either just want your money, from whichever of you caves in first, or they don`t know what they are talking about, only the named debtor on a credit agreement is liable for the debt pertaining to that agreement, instalation has nothing to do with who is responcible for payment.What have you actually received, just a letter saying we may take you to court, or we will take you to court ?Because i would be asking for a copy of this credit agreement that contains both of your signitures, because if only you signed it, they won`t be able to comply, and will either have to drop it, or change their tune.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1
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You've lost me SC.
There is a contract in one name and they've asked the signatory to cough up. What can't they enforce?- All land is owned. If you are not on yours, you are on someone else's
- When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
- "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
- All land is owned. If you are not on yours, you are on someone else's and their rules apply.
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Galloglass said:You've lost me SC.
There is a contract in one name and they've asked the signatory to cough up. What can't they enforce?
Its probebly a mute point granted, but if they say they are both liable then any credit agreement must surely pertain to both debtors, it depends what paperwork they have sent the OP, is it a claim form, or just a threat letter ?
I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
First email was a balance request, today was a payment no overdue. (title of emails)
Attached was a letter 'notice before proceedings'
Under my name but addressed to my old address, where I no longer reside nor own.0 -
Under my name but addressed to my old address, where I no longer reside nor own.Just be very careful with old addresses. Unless they know the new one, they may send a claim to the old address and get a default CCJ. Your choice about what to tell them, but there is a risk.it depends what paperwork they have sent the OPAs SC says, it may be a threat or it may be the start of something. Do you have mail redirection so you can deal with any paperwork. Court claims are always by mail.
- All land is owned. If you are not on yours, you are on someone else's
- When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
- "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
- All land is owned. If you are not on yours, you are on someone else's and their rules apply.
0
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