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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Our community charge has always been in my husbands name.

Customer Question

Our community charge has always been in my husband's name. Now they appeared to have added my name to it after telling me a few years ago that they would not do it. We have fallen behind with the payments and despite me making them an offer they have issues summons in both my name and my husbands name both containing the full amount and both including court charges. We are pensioners and I have two incurable illnesses and this is making me ill

1. Are they allowed to add my name without my permission? I paid the account online as my husband won't usse the internet

2. Are they allowed to summons both of us. It appears that they are claiming double the charge
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Are you a named tenant?
Customer: replied 3 years ago.

It's a joint mortgage


 

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

I am sorry but I cannot give you good news then. If its a joint mortgage then you are jointly liable. There isn't any justification for summonsing him and not you. He is not more liable.

They are free to add your name without permission. They don't need permission to enforce this debt I'm afraid.

They are not doubling up the charge though. They are not saying that you both owe that amount. They are saying that you are jointly and separately liable - so one or the other of you owes that amount in total.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

Thank you. I understand, but still feel very aggrieved about the fact that it took ten days to reply to an important email and the fact that they are charging us double costs which we cannot afford. This delay in replying to us meant that we were away when the letter reply email arrived and it meant that this prevented us in paying the amount at the date they requested. Also the fact that my memory is not good was the reason the payments fell behind and it took them three months to remind us of this fact.

C'est la vie. I still intend to write to them and make my point even though I know it won;t get me anywhere Thank you once again

Expert:  Jo C. replied 3 years ago.
They may be charging double costs. You might get the court to use their discretion over that.

All the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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