Am I liable for this debt

Essi107

Hi, I'm not sure if this is the correct area but I am after some advice.

I checked my credit file a few weeks ago to find a random default on my it, the amount is only small £65.

But I can't see how I am liable for the debt, and it's principle that's stopping me just clearing it.

Reverse to 2020 and I was going through a divorce marital home I left not through choice, my ex husband took out a non molestation order which I did when I finally got a hearing was squashed on the proof it was lies. ( Delays due to COVID)

Talk talk were the broadband provider and when I left the broadband was cancelled 4 months later, at the time the account was in my name, couldn't be in joint.

Talk talk allowed my then husband to cancel the account, which is what has caused this debt.

I had no knowledge whatsoever the account had been cancelled, I no longer had access to joint account was paying the mortgage money into it.

I have spoken to the collection company who said they would appeal it on my behalf, as the advisor I spoke to agreed so to speak it didn't make sense.

Appeal was sent and I heard back as the account is in my name I need to pay this outstanding balance.

My point is ex husband was allowed to cancel the account ex husband would have been given notice that the account would incur a charge, I have a court document which prevents me from being in the home at the time of cancellation. But somehow I owe this money.

I am frustrated with the debt collection company and have raised a formal complaint, I've always been on electoral role, they said they tried locating me to no avail which is rubbish. But I'm now left with a ruined credit file for next 6 years with this default I'm shocked how much affect it's had for something I had no control over.

Any advice gratefully received.

Voyager2002

The account was in your name and so you are legally liable for any money owing on it. However, clearly you could not benefit from the service and so you could take civil action to recover the amount from your ex.

fatbelly

Is it a debt collector or a debt buyer? Either way, I can't see them spending much time on a £65 disputed debt.

Similarly, one default won't be a disaster. You could add a notice of correction to your file if you like.

I do think that if you continue to object and wave the court order around then they might take a commercial decision to write this off.

But the answer to your question is that you are liable if you signed a contract - and if this is a debt buyer you are dealing with they may not be able to prove that.

Kim_13

If there was any mileage in this, it would be with Talk Talk (as they presumably wouldn’t have had the authority to close an account in your name on your husband’s say so.) But had they not allowed him to do so, you might now be in a worse situation as he would have left the account running safe in the knowledge that the debt that would be accruing was not in his name.

Talk Talk would probably argue that you could have transferred the account to your new address or cancelled it yourself and paid the final bill to avoid a default. They presumably would have been able to locate the account from your name and address, so it wouldn’t have needed you to have access to the property to obtain the account number (unless of course you wouldn’t have passed security as they might have asked for payment dates and you no longer had access to the bank account.) Did you have e-billing on the account? If you did, then as the account holder you should have had access to the final £65 bill.