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, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

My ex husband's family business (Ltd company) paid school

This answer was rated:

My ex husband's family business (Ltd company) paid school fees for our 2 daughters and his sisters children. The company went into liquidation in 2010 and my ex entered into an IVA and included the school as one of the creditors (or so he says). The school has recently contacted my ex to get him to pay the outstanding amount, he says the debt has been written off. I have now been informally approached to pay the debt because, " I had signed the agreement when our children started the school". They have given me copy invoices that are all made out to my ex and I have never been sent invoices or received a statement for information purposes either.
Am I legally responsible to pay the debt?

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

If you signed the agreement then contractually the debt is yours.

Sadly what you would need to do if there was an agreement between you and your ex is to sue him for the cost.

If the agreement to pay was with his Limited company (I assume it was not) then you may be a little stuck, as the IVA writes off debts.

But if it was with your ex then you can get the money off him. But contractually you are liable.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
There will be no point going after my ex as he already owes me maintenance etc which I had to write off. I am guessing there is no time limit restriction considering the debt relates to 2010?

6 years from the date it became due. Does that clairfy? Alex

Customer: replied 1 year ago.
anything dated January and April 2010 is over 6 years and I'm not liable? I have had no formal request to pay via email or letter only two informal conversations. I also had to request to see the invoices that were sent to my ex as they have never sent them to me.

Well anything before 26th June 2010 you are NOT liable for. But dont admit to the debt because that starts the clock ticking again.

Does that clarify? Alex

Customer: replied 1 year ago.
You say 'start the clock ticking' does a chat (where I do not admit liability) count or does it have to be in form of correspondence ? I have received no letters, statements addressed to me and copy invoices addressed to my ex were handed to me at a last minute request to see the head. I have only found one signed form dated 2005 only reference to fees is the following statement " We understand that the fees are due on the first day of term and that a full term's notice of removal must be given or payment of a term's fees in default of such notice"
Please confirm if the conversation where I don't admit liability starts the clock and if not confirm I am not liable based on the debt being over 6 years. Thank you

A chat does not count UNLESS you admit the debt. Just chatting does not start it.

Does that clarify? Alex

Customer: replied 1 year ago.
Thank you that does clarify it. I actually denied liability and refused to talk about the situation further.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash and 3 other Law Specialists are ready to help you