Ex Husband Returning Paid Bills

SapperRE

My OH is divorced - her ex husband was emotionally abusive and prostitute user. 

We are getting Debt Collector letters as he is claiming the bills in her (when married) name were not authorised by him. I.e. just had a Letter from debt collectors for Mobile Bill that was paid pre-2013. 

Other bills have also been rejected and originating company say he rang and said he hadn’t authorised the bill to be taken out. 

Are we able to send them back due to them having been in 25 year marriage, and so classed as joint debt?

Emmia

If it is joint debt, she may also be liable for the whole amount - if he won't or can't pay, then the companies owed will go to her for payment.

They don't care if he is/was emotionally abusive and/or uses prostitutes, or if they are divorced - were the agreements taken out when they were married?

How much money is involved?

SapperRE

Latest Bill is £287. 

Bill was in her name, but paid while they were married with joint money. 

SapperRE

And it’s not he “can’t or won’t pay”. 

The bill WAS paid, now 7+ years on he’s claiming he shouldn’t have paid it. 

kazwookie

Confusing, is the ex husband saying he shouldn't have paid the bills or what, it is very confusing.

I suggest your wife sorts out with her ex husband what she will / won't pay. How long have they been divorced for?

Do they STILL have joint accounts for things? is so they need to be cancelled.

onwards&upwards

Talk to women's aid too.  He's trying to continue his abuse and control of her even after she's left the marriage. 

mrschaucer

Did she pay the bill to the company directly or did she pay the ex-husband and expect him to pay the company?  Companies don't involve debt collectors if there is no debt.

onwards&upwards

It sounds like the husband has contacted the companies and claimed that the bills was paid from accounts in his name without his permission, therefore they have returned the money to him and are now chasing his ex wife as he has given them contact details and as the bills were in he name she is the liable party. 

Is that right OP?

Fruitcake

Debt collectors in the UK are powerless.
They cannot instigate court proceedings in their own name.
They cannot send someone to your home.
They cannot send bailiffs to collect money or goods.

The only powers that debt collection companies have is the ability to send out poor quality bog paper.

In Scotland, a debt is barred and ceases to exist after 5 years. 
In England and Wales, a debt may still exist, but cannot be collected unless court proceedings have begun within six years. The Limitation Act 1980 applies.

https://www.legislation.gov.uk/ukpga/1980/58/contents

"5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued."

Debt collectors can safely be ignored. The only time to worry is if a court claim is raised by the claimant within six years of the original debt allegedly occurring. 

If a bill was paid over six years ago, but the OH's ex is now complaining, it is too late for him to do anything about it.

Likewise a 'phone company or any other utility provider.

I am not legally trained, nor am I offering legal advice, so please confirm anything and everything I have written above yourself, but I believe it to be true.

Fireflyaway

The ex is clearly making a very lame attempt at trying to cause some upset. I'd say it depends on what the bills are for. If it's a personal mobile phone in her name and its unpaid then she is liable even If the household bills were shared. If it is something that had joint liability such as council tax then they are both liable. I think the easiest thing is to contact the companies and see what's being claimed then take it from there.

74jax

Fireflyaway said:

The ex is clearly making a very lame attempt at trying to cause some upset. I'd say it depends on what the bills are for. If it's a personal mobile phone in her name and its unpaid then she is liable even If the household bills were shared. If it is something that had joint liability such as council tax then they are both liable. I think the easiest thing is to contact the companies and see what's being claimed then take it from there.

Even though they have already been paid and settled?

This is the first I've ever heard of this, surely once a bill is paid, several years later you can't say 'I didn't want  to pay that' and be refunded.... And then give the name of someone else to pay it....