Notice before proceedings

sourcrates

LavenderLamb101 said:

Thank you for your assistance.
I'd like to think a court would see i'd paid my half, and make my ex cough up.
They claim the payment needs to be completed by 2nd July...if either of us fail to do so how quick is court action? 

Slow at the moment, and to be honest with you, a lot of companies go through the pre-action stage, then just don`t take it any further, remember it costs money initailly to take action through the courts, buisnesses are struggling just now, they may just be bluffing, or they may not, after a pre-action letter, you have 30 days to respond, after that, a claim form could come within a few days/weeks.

fatbelly

Responding to the  OP:

That's not the way it works. If this is joint it is considered 'joint and several liability' i.e each of you owes the whole amount and the claimant can pursue one or other or both for the full payment.

If the claimant is pursuing you then the court just has to work out whether or not you are liable. But you tell us that it was your name on  the contract.

So your position has to either be;
I'm not liable for any of it 
or
i've paid it

This matter is contract law so is a bit different from what we normally see. It might hinge on whether she was considered to be your 'agent' when she signed it. However, you can have a contract without it being written down, and it sounds like there was one.

Your best source of advice may be 

Citizens Advice consumer helpline: 0808 223 1133

LavenderLamb101

Thanks again for your help all.
As mentioned the contract was signed by her, but my name is on the correspondence.
I'm taking a stand that i've paid half (hindsight should have paid !!!!!! all as then they wouldn't know who to chase) but I do have morals.  

LavenderLamb101

Hi All,
Update I have a CPA letter giving 7 days to pay the remainder, they only issued to me and not her because 'it can only be sent to 1 email address'

A friend said the CCJ is against a house, if they don't have your new address then it doesn't matter.

As mentioned before, I don't have the ability to pay more money for something that is jointly owed. I paid my half, why do they keep chasing me? 
If it goes to court will they ask my ex to go too?

Naomim

A CCJ is against an person, not a house. It is marked on your credit file for 6 years.  If you move, it goes with you. Your friend is talking rubbish. 

 If it goes to court the only person who needs to defend it or go is the person named on the court paperwork which would be the person named on the agreement or contract. 

A company doesn't care who pays the money whether you pay half and your ex half but they are entitled to go after the person who is named on the agreement.  

I think your best bet is to pay it and seek recompense from your ex when the house is sold.

Galloglass

As mentioned the contract was signed by her, but my name is on the correspondence.

The contract is in my name, but my ex signed off the installation.

Earlier you said the contract is in your name but the delivery note was signed off by her.

Signing for a delivery does not make you party to a contract so who signed the contract (not the delivery)?

LavenderLamb101

It wasn't a delivery note, it was the 'contract'.

My name is merely the addressee but I never signed the T&C's.

Following advice from people above I have paid, I hope that karma will work it's way around.