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: 10915
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: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Who is being invoiced you or your husband?
Customer: replied 1 year ago.

Me

Expert:  Ash replied 1 year ago.
So your husband isn't paying the bill of which he should be - is that correct?
Customer: replied 1 year 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 1 year ago.
Did you ever sign a contract?
Customer: replied 1 year ago.

No

Customer: replied 1 year 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 1 year ago.
`Can you ask for a copy?
Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Yes but you need to do this asap. Then if proceedings are issued you need to counter sue your husband.
Alex
Customer: replied 1 year 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 1 year 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 1 year ago.

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

Expert:  Ash replied 1 year ago.
Sadly I can't do that but you can get wording www.simply-docs.co.uk
Alex
Customer: replied 1 year 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 1 year ago.
Debt but yes.
Alex
Customer: replied 1 year ago.

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

Expert:  Ash replied 1 year ago.
No.
Alex
Expert:  Ash replied 1 year 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice