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Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 4705
Experience:  Solicitor
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I am in joint debt and have been paying it off on my own. I

Customer Question

I am in joint debt and have been paying it off on my own. I have taken it to small caims court as the other person refused liability. I couldn't prove I didn't live at the address from feb-September 2012 on paper for the council to take me off the liability. So I have just been paying it off. The other person named has now said he has contacted the council to recalculate the debt for when I wasn't living there and the council refused to do this when I asked them to as I couldn't prove it on paper. So how can he change the liability? Without written proof. I wasn't living at the address bit continued to pay rent until end of tenancy. I've paid over half the money back for the debt owed now and he owes me some money as well as the debt collector the remaining debt. As I have overpaid. He says the amount he owes is far less than half of the debt owed. I have all evidence of the debt and payments from myself and he is legally liable for half. Now he's saying he has changed the debt? I have not been informed of this change by the council or the debt collector. And I cannot prove I didn't live at the address anyway. But where do I stand? Can I still proceed to claim half the cost back? If the council change the amount it will mean I am not liable for feb-Sept 2012 so the council will owe me money back and he will 0ay more debt himself. I didn't change my address when I was in receipt of benefits for that year either I just didn't live in the house but still paid rent. So I thought as I paid rent it's an admission to paying council tax so I just left my address as there until I moved house officially when tenancy was finished in Sept 2012. The total of half the debt is £640 he says he owes £400 which is not the case. This is his part admission claim after I went to the small claims court.
Submitted: 11 months ago.
Category: UK Law
Customer: replied 11 months ago.
I have the option to refuse his claim for £400 and proceed to the next stage which is a questionnaire then it will get resolved with paper evidence hopefully and not have to go to a hearing. I don't know what to do now.
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you.

I can say for certain that this will not be a paper hearing, it will be an oral hearing.

Are you willing to attend Court?

Customer: replied 11 months ago.
I am willing to go to court yes. I don't know what that will mean will he then be liable for more of the amount? And he has appealed to the council to have the amount recalculated but as I couldn't do this myself without written proof will they accept that appeal and change the liability?
Expert:  Jamie-Law replied 11 months ago.

Thank you. Yes based on what you have said he is liable for that debt.
If you have evidence of the debt and repayments then he is liable for the other half.

So yes, you can show this evidence and make the claim

You will get at least £400 because this is what has been admitted.

So you will not lose anything by going to Court.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
OK thank you. He's saying this got into arrears because I didn't pay towards gas and electricity at the property when I lived there and he has been paying debt off for this with debt collectors. So he's wanting to pay £400. Honestly it's so stressing me out and I suffer badly with anxiety.
Expert:  Jamie-Law replied 11 months ago.

Yes I think you have case.

Can I clarify anything else for you?