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Alex J.
Alex J., Solicitor
Category: Bankruptcy Law
Satisfied Customers: 3696
Experience:  Bankruptcy, liquidations, administrations, pre pack sales, re use of company names and director duties and offences.
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Would this be the right section collection

Resolved Question:

Hello
Would this be the right section for dept collection ?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you.

Alex J. :

By law you cannot be liable for someone elses debts unless you agreed to accept liability in writing.

Alex J. :

What I suggest you do is write to both the parties chasing for the debts and say:

Alex J. :

(i) You are not responsible for your ex wife's debts;

Alex J. :

(ii) By continuing to chase you, they are unlawfully harassing you under S.40 of the Administration of Justice Act 1970 - which is a criminal offence;

Alex J. :

(iii) Say that if they do not stop chasing you immediately you reserve the right to complaint to OfCom or OfWat or Of Gen (depending on which utility company it is);

Alex J. :

Is your wife still in the property?

Alex J. :

* my apologies - ex -wife.

Alex J. :

I look forward to hearing from you. Kind regards AJ

Customer:

Hi alex

Customer:

Hi Alex,

Alex J. :

Hi,

Customer:

Hi Alex thanks for getting back so quick, no we really are divorced I have the certificate with case number, yes she still lives here, and we talk through a third person, my son, she is not very well upstairs, if you no what I mean and no insight to her illness, so no diagnosis,my son on the other hand has a diagnosis, and takes his meds no problem there....I know

Alex J. :

Hi, Thank you. Ultimately you cannot be held legally responsible for your wife's debts.

Alex J. :

Assets that belong to you cannot be used to repay her debts.

Customer:

Hi Alex, I,m sending this again not sure it sent, no we really are divorced i,vgot the certificate, yes she still lives here, against my better judgement, but she,s nowhere else to go, she is not well upstairs with no insight, so no diagnosis, we even talk through a third person, my son, anyway that's another story. Regards steve

Alex J. :

Hi, Thank you. I can confirm I have received this. Regardless it does not change the position - you cannot be liable for your ex wife's debts unless you accepted liability for them in writing. Because she lives with you, makes no difference. Her creditors cannot claim your assets. Kind regards AJ

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