How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My husband owed an outstanding sum of money daughters

Customer Question

My husband owed an outstanding sum of money for my daughters school fees. As at that time we were not married and my daughter is not his, when he put her in the public school the school always billed the fee in my name. After time the fees built up and now he is expected to get a court order. This will mean that I will get a black mark and my savings will be taken. Is there anything I can do to prevent this and can my husband legally take over the court order instead of me?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Who is being invoiced you or your husband?
Customer: replied 2 years ago.

Me

Expert:  Ash replied 2 years ago.
So your husband isn't paying the bill of which he should be - is that correct?
Customer: replied 2 years ago.

That is correct. My husband has always paid the school but he lost his job and the bills mounted-up. The school and him came to some arrangement but he failed to keep up the bills. Last month he promised to pay it off from his pension fund but declined to do so and only paid half. He has now decided to let the matter go to court but the bills are in my name, even though he is responsible for the payments. He said he asked for the names to be amended so that the invoices would be in his name but that he tried to do this but that this was not accepted and he could not do it. If he says that he has always taken and still does take responsibility for the payments, can this matter be resolved without me being involved?

Expert:  Ash replied 2 years ago.
Did you ever sign a contract?
Customer: replied 2 years ago.

No

Customer: replied 2 years ago.

No, thinking about it I did sign something with the school because I was mother and Peter and I was not married at the time, so I signed something there, but can't remember what exactly.

Expert:  Ash replied 2 years ago.
`Can you ask for a copy?
Customer: replied 2 years ago.

If my husband is happy to be responsible for the payments and that it was he who let them slip, can he become responsible legally, so that I have nothing to do with it? I will ask my husband for the copy and let you know later, if that's ok?

Expert:  Ash replied 2 years ago.
You are not responsible. But you need to ask for a copy the document you signed. But if he is responsible unless the paper said you were jointly liable then ONLY he is. You can't be liable for a contract you have not signed nor a party to. Any claim against you would fail even if you were the parent.
You can only be liable if you are a party to the contract.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

If in the school contract I signed that I was responsible for payments, then it looks like the debts are my responsibility but if my husband is willing to take over that debt, can this be made contractual so it is his debt and not mine. He said he is willing to do this?

Expert:  Ash replied 2 years ago.
Yes you can have this contractual to assign it to him. Then if they take you to Court you can counter sue him for the debt.
Can I clarify anything for you about this ?
Alex
Customer: replied 2 years ago.

Can the contract not be done before I am taken to court, so it is my husband that goes to court?

Expert:  Ash replied 2 years ago.
Yes but you need to do this asap. Then if proceedings are issued you need to counter sue your husband.
Alex
Customer: replied 2 years ago.

So if we get the contract made up today,

a) where do we send it to be verified, legally binding?

b) will this prevent me having to counter sue my husband?

Expert:  Ash replied 2 years ago.
a) It does not need to be verified, just a contract drawn up indemifiying you against any claims as a result.
b) No
Alex
Customer: replied 2 years ago.

is it possible for you to give me an example of the wording the contract should have, please,

Expert:  Ash replied 2 years ago.
Sadly I can't do that but you can get wording www.simply-docs.co.uk
Alex
Customer: replied 2 years ago.

If I put:

"I, P.Woolliscroft have always been responsible for the payment to Bricklehurst School, I am, therefor responsible for the said dept"

signed...

Is that enough?

Expert:  Ash replied 2 years ago.
Debt but yes.
Alex
Customer: replied 2 years ago.

Thank you, ***** ***** we not need to send this declaration to anyone?

Expert:  Ash replied 2 years ago.
No.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex