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Non payment of joint factor fees (Scotland)


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Hi I was looking for some help if I may. I'm not sure if this is in the correct forum, whether it should go to legal or not, but my questions are just general ones for now.

My partner split from her husband 5/6 years ago, but they are still married have a mortgage together. She moved out to her own flat in 2011 and now lives with me.

Last week her husband called to tell her she has a court summons through the door of the house. Upon receiving and opening it, the summons is for non payment of the factor fees associated with the house. In the fees breakdown they last payment was 11/2014, so the husband was paying them until this point.

She has taken a copy of the summons and has sent it back to the husband. She has also scanned it in and emailed it to him so he can deal with it quickly. She is expecting him to pay the debt as this was the way for the first few years.

The summons was only addressed to my partner on the envelope. Inside the first page of the summons it has both their names, as do all the enclosed copies of the invoices, but the very last page with the court summons only has her name.

She never informed the factor when she moved out that only the husband would be paying.

She is worried that:

  1. It is only in her name and only she is liable for it.
  2. It is in both their names and she is liable for half.

She will call her husband tonight to see if he is paying this debt and asking him to confirm when he has.

My questions are:

  1. Where does she stand if he doesn’t pay?
  2. Should she contact the factor and explain the situation?
  3. Should she contact the court in any way?

I don't have the paperwork to hand just now, but I can provide more detailed information later today when I will have access to it.

Thanks in advance for your help.

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Soggy I have amended your thread title as factor fees are only charged in Scotland (I assume that is your location) ?

 

Regards

 

Andy

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Soggy I have amended your thread title as factor fees are only charged in Scotland (I assume that is your location) ?

 

Regards

 

Andy

 

Yes that's correct. Thanks all.

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She messaged the husband this morning who has assured her he will sort this out before it goes to court. She has asked him to confirm to her when he has done so.

 

Hopefully this is an end to it.

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  • 2 weeks later...

The other half called the factor this morning to give them her new address and to tell them she no longer lives at that address. While on the phone she asked if they had been paid by the husband yet for the debt. They haven't. They confirmed that he got a separate summons sent to him and he's been sent all the bills, so it looks like he's been avoiding them

 

If he doesn't pay and this goes to court, will she get a ccj if they find in the factor's favour? How long does the CCJ stay on her file? Is there anything she can do.

 

Thanks in advance for your help.

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He's paid!

 

After texting again he has paid. He sent a picture message screenshot of an email receipt for the claimed sum.

 

Does she now have to reply to the court summons or not?

 

If so, does she admit liability or dispute the claim?

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I would imagine the claim should be disputed as it has been paid. I will try and find someone who can confirm for you.

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I would imagine the claim should be disputed as it has been paid. I will try and find someone who can confirm for you.

 

Thank you.

 

She doesn't know how he paid, whether he called them to discuss the debt or by other means. He hasn't included any court fees in the payment. He has said, by text, that he will pay it all, but other than saying this he is vague about everything else. Leaving her wondering where she stands and whether she needs to do anything.

 

She will call the factor tomorrow and see what they say.

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I asked if you should respond to the claim....

 

Always best to...this is Scottish Procedure so Im assuming as per English...on our claims if its settled you still acknowledge claim ...submit defence (N9b)...defence being that is now paid (complete box 2)...but if you paid after the claim was issued...then you should add the costs of the claim on.

 

Claimant should inform the court anyway...but .....

 

So confirm with the ex that this HAS been settled and then I am guessing your defence would be that the debt has been settled and there is no claim to answer.

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Thanks for your help.

 

 

It looks like he has only paid the outstanding debt without the costs of the claim added on. She will be calling the factor again today to see what they say. I also advised her to text the ex again to see how he paid and what they said to him at the time, and what he is doing about his summons.

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Another quick update to this. The factor have told her that she doesn't need to worry about anything, the debt has been settled and they will instruct the solicitors as such. She asked about court fees, but they told her not to worry and she shouldn't respond to the court papers and they will sort everything out with the solicitors. She has asked them to send her a letter to confirm all this so she has it in writing.

 

 

She also left a message for the solicitors to call her back (before speaking to the factor). When they call she will ask if they can put something similar in writing.

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Most important that she has conformation...re response to summons and re court costs...and retain.

 

Andy

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