Are you liable for the debt?
This is a brief guide and it cannot state the full details of
the law.
Further details on specific items are available from your local
Citizen's Advice Bureau or Advice Centre.
If in doubt seek help.
ARE YOU LIABLE FOR THE DEBT?
Always check that you owe the money before agreeing to make
repayments. This is called being liable for a debt. Many people
are asked to pay back money they are not liable to repay.
Generally speaking, you are not liable for your partner's, or
anyone else's debts, unless you signed an agreement or acted
as guarantor. The two main exceptions to this are council tax
and water charges.
Did you sign an agreement?
Most people will have to sign an agreement in order to get money
or goods on credit.
If you signed the agreement alone, you have sole liability -
you and nobody else owe the debt.
If you signed along with someone else you have joint and several
liability. This means you will each be regarded as owing the
full sum.
Just because you live with someone, are married to them or just
have the same address, does not mean you are liable for their
debts. However you can be jointly liable for council tax and
water charges with your partner if you live with them.
If you have signed as a guarantor for someone, you have accepted
liability for the debt in the event that the other person does
not pay.
If someone signs an agreement in your name and without your
agreement you may not be liable, and they may be guilty of fraud.
You will need legal advice.
If you have been forced to sign an agreement against your will,
e.g. by a partner, or you have been misled, you may not be liable
for the debt. Seek legal advice. |