Hi

am divorced and on incapacity benefit

My ex-wife works, and we are still living in same house
I am going to final hearing in november to try and get the
court to make her leave.

She is refusing to pay towards any bills.
Can anyone suggest what steps I can do, via the court
if required to make her pay towards the bills. ?

Am i legaly able to stop her using any gas,electric, water
and the food that i purchase for me and the three children ?


I hope someone can point me in the right direction.
I cannot claim legal aid as we have another property that
is rented out and so they wont give me legal aid.


thanks in advance

age




-- 
age9000

age9000 wrote:
> Hi
> 
> am divorced and on incapacity benefit
> 
> My ex-wife works, and we are still living in same house
> I am going to final hearing in november to try and get the
> court to make her leave.
> 
> She is refusing to pay towards any bills.
> Can anyone suggest what steps I can do, via the court
> if required to make her pay towards the bills. ?
> 
> Am i legaly able to stop her using any gas,electric, water
> and the food that i purchase for me and the three children ?
> 
> 
> I hope someone can point me in the right direction.
> I cannot claim legal aid as we have another property that
> is rented out and so they wont give me legal aid.
> 
> 
> thanks in advance
> 
> age

Whatever the legal answer is (and I don;t know what it is), bear in mind 
that by refusing to allow her to use these services you could be seen as 
forcing her to move out.

Put the food in a locked cupboard, as far as it is practicable. But I 
can't see how you can stop her flushing the toilet, switching on the 
light, having a bath or shower without her having to leave the property.


-- 
Robbie

On Sep 19, 2:55 am, Robbie  wrote:
> age9000 wrote:
> > Hi
>
> > am divorced and on incapacity benefit
>
> > My ex-wife works, and we are still living in same house
> > I am going to final hearing in november to try and get the
> > court to make her leave.
>
> > She is refusing to pay towards any bills.
> > Can anyone suggest what steps I can do, via the court
> > if required to make her pay towards the bills. ?
>
> > Am i legaly able to stop her using any gas,electric, water
> > and the food that i purchase for me and the three children ?
>
> > I hope someone can point me in the right direction.
> > I cannot claim legal aid as we have another property that
> > is rented out and so they wont give me legal aid.
>
> > thanks in advance
>
> > age
>
> Whatever the legal answer is (and I don;t know what it is), bear in mind
> that by refusing to allow her to use these services you could be seen as
> forcing her to move out.
>
> Put the food in a locked cupboard, as far as it is practicable. But I
> can't see how you can stop her flushing the toilet, switching on the
> light, having a bath or shower without her having to leave the property.
>
> --
> Robbie- Hide quoted text -
>
> - Show quoted text -

Always interesting to hear a phrase like *******Whatever the legal
answer is (and I don;t know what it is), bear in mind
that by refusing to allow her to use these services you could be seen
as forcing her to move out.******

And of course it must put the fear of god into anyone getting such a
response

THe OP is getting ripped off and hes already been scared that without
a court order he should do nothing and of course he hasnt posted much
info about himself to get adecent response, but assuming he rents/owns
why he doesnt  simply change the locks and put her to bringing an
urgent application to hear why she should be put back inside the house
to get rent free gas utlities etc I dont know. Its hard to think
apommy judge will support a money grubing bitch dudding a
pensioner...but, you guys are in the UK, shit happens

In article 
,
 frediesmith@googlemail.com wrote:

...something rather offensive for a moderated group. I wondered where I 
was for a moment.

-- 
Sara

The teeth are free at last! Fly free, young teethies!

Robbie;563652 Wrote: 
> age9000 wrote:-
> Hi
> 
> am divorced and on incapacity benefit
> 
> My ex-wife works, and we are still living in same house
> I am going to final hearing in november to try and get the
> court to make her leave.
> 
> She is refusing to pay towards any bills.
> Can anyone suggest what steps I can do, via the court
> if required to make her pay towards the bills. ?
> 
> Am i legaly able to stop her using any gas,electric, water
> and the food that i purchase for me and the three children ?
> 
> 
> I hope someone can point me in the right direction.
> I cannot claim legal aid as we have another property that
> is rented out and so they wont give me legal aid.
> 
> 
> thanks in advance
> 
> age-
> 
> Whatever the legal answer is (and I don;t know what it is), bear in
> mind 
> that by refusing to allow her to use these services you could be seen
> as 
> forcing her to move out.
> 
> Put the food in a locked cupboard, as far as it is practicable. But I 
> can't see how you can stop her flushing the toilet, switching on the 
> light, having a bath or shower without her having to leave the
> property.
> 
> 
> -- 
> Robbie



thanks m8

thats one of the reasons why i want to try and see what legal steps i
can make to get her to pay towards bills etc, as also she makes no
contribution towards the kids etc




-- 
age9000

On 19 Sep, 11:10, age9000  wrote:
> Robbie;563652 Wrote:
>
>
>
> > age9000 wrote:-
> > Hi
>
> > am divorced and on incapacity benefit
>
> > My ex-wife works, and we are still living in same house
> > I am going to final hearing in november to try and get the
> > court to make her leave.
>
> > She is refusing to pay towards any bills.
> > Can anyone suggest what steps I can do, via the court
> > if required to make her pay towards the bills. ?
>
> > Am i legaly able to stop her using any gas,electric, water
> > and the food that i purchase for me and the three children ?
>
> > I hope someone can point me in the right direction.
> > I cannot claim legal aid as we have another property that
> > is rented out and so they wont give me legal aid.
>
> > thanks in advance
>
> > age-
>
> > Whatever the legal answer is (and I don;t know what it is), bear in
> > mind
> > that by refusing to allow her to use these services you could be seen
> > as
> > forcing her to move out.
>
> > Put the food in a locked cupboard, as far as it is practicable. But I
> > can't see how you can stop her flushing the toilet, switching on the
> > light, having a bath or shower without her having to leave the
> > property.
>
> > --
> > Robbie
>
> thanks m8
>
> thats one of the reasons why i want to try and see what legal steps i
> can make to get her to pay towards bills etc, as also she makes no
> contribution towards the kids etc
>
> --
> age9000

Have you approached the CSA? If she's working she should be paying
child support, that would help with the financial side of things. It
may also hasten her departure from the property...

On 19 Sep, 00:35, frediesm...@googlemail.com wrote:
> On Sep 19, 2:55 am, Robbie  wrote:
>
>
>
> > age9000 wrote:
> > > Hi
>
> > > am divorced and on incapacity benefit
>
> > > My ex-wife works, and we are still living in same house
> > > I am going to final hearing in november to try and get the
> > > court to make her leave.
>
> > > She is refusing to pay towards any bills.
> > > Can anyone suggest what steps I can do, via the court
> > > if required to make her pay towards the bills. ?
>
> > > Am i legaly able to stop her using any gas,electric, water
> > > and the food that i purchase for me and the three children ?
>
> > > I hope someone can point me in the right direction.
> > > I cannot claim legal aid as we have another property that
> > > is rented out and so they wont give me legal aid.
>
> > > thanks in advance
>
> > > age
>
> > Whatever the legal answer is (and I don;t know what it is), bear in mind
> > that by refusing to allow her to use these services you could be seen as
> > forcing her to move out.
>
> > Put the food in a locked cupboard, as far as it is practicable. But I
> > can't see how you can stop her flushing the toilet, switching on the
> > light, having a bath or shower without her having to leave the property.
>
> > --
> > Robbie- Hide quoted text -
>
> > - Show quoted text -
>
> Always interesting to hear a phrase like *******Whatever the legal
> answer is (and I don;t know what it is), bear in mind
> that by refusing to allow her to use these services you could be seen
> as forcing her to move out.******
>
> And of course it must put the fear of god into anyone getting such a
> response
>
> THe OP is getting ripped off and hes already been scared that without
> a court order he should do nothing and of course he hasnt posted much
> info about himself to get adecent response, but assuming he rents/owns
> why he doesnt  simply change the locks and put her to bringing an
> urgent application to hear why she should be put back inside the house
> to get rent free gas utlities etc I dont know. Its hard to think
> apommy judge will support a money grubing bitch dudding a
> pensioner...but, you guys are in the UK, shit happens

Of course he's getting ripped off, that much is plainly obvious. If
you read the OPs post a bit more carefully you will see that:

1. the OP and wife own the property (the OP says that their other
property is rented out - presumably meaning THEY own TWO properties).
2. he is in the process of going to court to try and have her removed
- legally

which means that she probably has as much right at present to
currently occupy the property as he does. Unless this has already been
decided by a court. If he tries to force her out of the home, and
changing the locks would be a good start to doing this, he could end
up in all kinds of trouble. Refusing her access to basic amenities
would be another way of forcing her out of the house. Yes, she's
freeloading and yes, in an ideal world she should be out of the house
AND paying child support but the reality of life is different.

Robbie

"age9000"  wrote in message 
news:age9000.317dd3c@legalbanter.co.uk...
>
> Hi
>
> am divorced and on incapacity benefit
>
> My ex-wife works, and we are still living in same house
> I am going to final hearing in november to try and get the
> court to make her leave.
>
> She is refusing to pay towards any bills.
> Can anyone suggest what steps I can do, via the court
> if required to make her pay towards the bills. ?
>
> Am i legaly able to stop her using any gas,electric, water
> and the food that i purchase for me and the three children ?
>
>

Whose house is this?  Is it joint?

I'd be tempted to give the suppliers a call to say you'll only pay 1/2 the 
bill and that the other occupier is liable for the other half.  Inform them 
in writing of the name of the other occupier and that you are unrelated and 
are divorced.  Wait until the nasty letters come and if it goes to Court - 
you then can invite your ex-half to attend.  If you can prove you paid "your 
half" it might end up with just her name in the judgment.

Lock the food away!

On Sep 19, 10:25 pm, Robbie  wrote:
> On 19 Sep, 00:35, frediesm...@googlemail.com wrote:
>
>
>
>
>
> > On Sep 19, 2:55 am, Robbie  wrote:
>
> > > age9000 wrote:
> > > > Hi
>
> > > > am divorced and on incapacity benefit
>
> > > > My ex-wife works, and we are still living in same house
> > > > I am going to final hearing in november to try and get the
> > > > court to make her leave.
>
> > > > She is refusing to pay towards any bills.
> > > > Can anyone suggest what steps I can do, via the court
> > > > if required to make her pay towards the bills. ?
>
> > > > Am i legaly able to stop her using any gas,electric, water
> > > > and the food that i purchase for me and the three children ?
>
> > > > I hope someone can point me in the right direction.
> > > > I cannot claim legal aid as we have another property that
> > > > is rented out and so they wont give me legal aid.
>
> > > > thanks in advance
>
> > > > age
>
> > > Whatever the legal answer is (and I don;t know what it is), bear in mind
> > > that by refusing to allow her to use these services you could be seen as
> > > forcing her to move out.
>
> > > Put the food in a locked cupboard, as far as it is practicable. But I
> > > can't see how you can stop her flushing the toilet, switching on the
> > > light, having a bath or shower without her having to leave the property.
>
> > > --
> > > Robbie- Hide quoted text -
>
> > > - Show quoted text -
>
> > Always interesting to hear a phrase like *******Whatever the legal
> > answer is (and I don;t know what it is), bear in mind
> > that by refusing to allow her to use these services you could be seen
> > as forcing her to move out.******
>
> > And of course it must put the fear of god into anyone getting such a
> > response
>
> > THe OP is getting ripped off and hes already been scared that without
> > a court order he should do nothing and of course he hasnt posted much
> > info about himself to get adecent response, but assuming he rents/owns
> > why he doesnt  simply change the locks and put her to bringing an
> > urgent application to hear why she should be put back inside the house
> > to get rent free gas utlities etc I dont know. Its hard to think
> > apommy judge will support a money grubing bitch dudding a
> > pensioner...but, you guys are in the UK, shit happens
>
> Of course he's getting ripped off, that much is plainly obvious. If
> you read the OPs post a bit more carefully you will see that:
>
> 1. the OP and wife own the property (the OP says that their other
> property is rented out - presumably meaning THEY own TWO properties).
> 2. he is in the process of going to court to try and have her removed
> - legally
>
> which means that she probably has as much right at present to
> currently occupy the property as he does. Unless this has already been
> decided by a court. If he tries to force her out of the home, and
> changing the locks would be a good start to doing this, he could end
> up in all kinds of trouble. Refusing her access to basic amenities
> would be another way of forcing her out of the house. Yes, she's
> freeloading and yes, in an ideal world she should be out of the house
> AND paying child support but the reality of life is different.
>
> Robbie- Hide quoted text -
>
> - Show quoted text -

My point of course was that *urgent* action seems to be required to
prevent further sponging by the wife we are not told that hubby is
refusing some relief to the wife, what we are told is hubbys version
of events and from that the wife is clearly sponging on an invalid
pensioner. I could make another guess and suggest that income is being
derived from another proerty and a sale of that income is being
impeded say by hubby and the wife has areasonable expectation of some
deprived income from that property BUT I dont know and it isnt said.

On the face of what is said, an urgent application on property split
should be put before the social security fold, the CSA folk and the
court, to verify if the guy should be getting his disability pension
and what level of income he can get from the rented property and ex
wife, some one is getting too much or too little.

Fred wrote:
> "age9000"  wrote in message 
> news:age9000.317dd3c@legalbanter.co.uk...
>> Hi
>>
>> am divorced and on incapacity benefit
>>
>> My ex-wife works, and we are still living in same house
>> I am going to final hearing in november to try and get the
>> court to make her leave.
>>
>> She is refusing to pay towards any bills.
>> Can anyone suggest what steps I can do, via the court
>> if required to make her pay towards the bills. ?
>>
>> Am i legaly able to stop her using any gas,electric, water
>> and the food that i purchase for me and the three children ?
>>
>>
> 
> Whose house is this?  Is it joint?
> 
> I'd be tempted to give the suppliers a call to say you'll only pay 1/2 the 
> bill and that the other occupier is liable for the other half.  Inform them 
> in writing of the name of the other occupier and that you are unrelated and 
> are divorced.  Wait until the nasty letters come and if it goes to Court - 
> you then can invite your ex-half to attend.  If you can prove you paid "your 
> half" it might end up with just her name in the judgment.
> 
> 

Not a hope in hell.  What supplier would agree to that.  How on earth do 
you think that the supplier can unilaterally enter into an enforceable 
agreement with the ex-wife (leaving aside the issue of why they would 
even want to countenance it as they already have a contract which suits 
them with the ex-hubby).

It is for the ex-hubby to take action against the ex-wife to protect his 
interests.

Dave wrote:
> Fred wrote:
>> "age9000"  wrote in message
>> news:age9000.317dd3c@legalbanter.co.uk...
>>> Hi
>>>
>>> am divorced and on incapacity benefit
>>>
>>> My ex-wife works, and we are still living in same house
>>> I am going to final hearing in november to try and get the
>>> court to make her leave.
>>>
>>> She is refusing to pay towards any bills.
>>> Can anyone suggest what steps I can do, via the court
>>> if required to make her pay towards the bills. ?
>>>
>>> Am i legaly able to stop her using any gas,electric, water
>>> and the food that i purchase for me and the three children ?
>>>
>>>
>>
>> Whose house is this?  Is it joint?
>>
>> I'd be tempted to give the suppliers a call to say you'll only pay
>> 1/2 the bill and that the other occupier is liable for the other
>> half.  Inform them in writing of the name of the other occupier and
>> that you are unrelated and are divorced.  Wait until the nasty
>> letters come and if it goes to Court - you then can invite your
>> ex-half to attend.  If you can prove you paid "your half" it might
>> end up with just her name in the judgment.
>
> Not a hope in hell.  What supplier would agree to that.  How on earth
> do you think that the supplier can unilaterally enter into an
> enforceable agreement with the ex-wife (leaving aside the issue of
> why they would even want to countenance it as they already have a
> contract which suits them with the ex-hubby).
>
> It is for the ex-hubby to take action against the ex-wife to protect
> his interests.

Hmm - works with all manner of things - council tax for one.  What makes you 
think that the inhabiatants of a house aren't jointly liable for utility 
charges?  Hubby needs to inform the suppliers.  It doesn't matter if they 
don't accept the new arrangement.  He stops paying until they do or until 
she pays.  In any case he's got nothing to lose!

Fred wrote:
> Dave wrote:
>> Fred wrote:
>>> "age9000"  wrote in message
>>> news:age9000.317dd3c@legalbanter.co.uk...
>>>> Hi
>>>>
>>>> am divorced and on incapacity benefit
>>>>
>>>> My ex-wife works, and we are still living in same house
>>>> I am going to final hearing in november to try and get the
>>>> court to make her leave.
>>>>
>>>> She is refusing to pay towards any bills.
>>>> Can anyone suggest what steps I can do, via the court
>>>> if required to make her pay towards the bills. ?
>>>>
>>>> Am i legaly able to stop her using any gas,electric, water
>>>> and the food that i purchase for me and the three children ?
>>>>
>>>>
>>> Whose house is this?  Is it joint?
>>>
>>> I'd be tempted to give the suppliers a call to say you'll only pay
>>> 1/2 the bill and that the other occupier is liable for the other
>>> half.  Inform them in writing of the name of the other occupier and
>>> that you are unrelated and are divorced.  Wait until the nasty
>>> letters come and if it goes to Court - you then can invite your
>>> ex-half to attend.  If you can prove you paid "your half" it might
>>> end up with just her name in the judgment.
>> Not a hope in hell.  What supplier would agree to that.  How on earth
>> do you think that the supplier can unilaterally enter into an
>> enforceable agreement with the ex-wife (leaving aside the issue of
>> why they would even want to countenance it as they already have a
>> contract which suits them with the ex-hubby).
>>
>> It is for the ex-hubby to take action against the ex-wife to protect
>> his interests.
> 
> Hmm - works with all manner of things - council tax for one.  What makes you 
> think that the inhabiatants of a house aren't jointly liable for utility 
> charges?  Hubby needs to inform the suppliers.  It doesn't matter if they 
> don't accept the new arrangement.  He stops paying until they do or until 
> she pays.  In any case he's got nothing to lose!

Because the Council Tax is a statutory charge and the liabilities 
against individuals is laid down in law.

The supply of utilities is a commercial contract and liabilities 
incurred under it are fully enforceable against the parties to it and 
not enforceable in any way against third parties not in the contract.

Even if there was any liability against the ex-wife in favour of the 
utility companies, those companies would have made sure that the parties 
were jointly and severally liable so that the debt could be fully 
enforced against any one of them should the other default.

In terms of what he has to lose, he could:
- Ultimately lose the supply of those services if he deliberately does 
not pay irrespective of whether or not the ex-wife pays.
- End up with a County Court judgement against him.
- Find himself with the inconvenience of pre-payment meters.

Dave wrote:
> Fred wrote:
>> Dave wrote:
>>> Fred wrote:
>>>> "age9000"  wrote in message
>>>> news:age9000.317dd3c@legalbanter.co.uk...
>>>>> Hi
>>>>>
>>>>> am divorced and on incapacity benefit
>>>>>
>>>>> My ex-wife works, and we are still living in same house
>>>>> I am going to final hearing in november to try and get the
>>>>> court to make her leave.
>>>>>
>>>>> She is refusing to pay towards any bills.
>>>>> Can anyone suggest what steps I can do, via the court
>>>>> if required to make her pay towards the bills. ?
>>>>>
>>>>> Am i legaly able to stop her using any gas,electric, water
>>>>> and the food that i purchase for me and the three children ?
>>>>>
>>>>>
>>>> Whose house is this?  Is it joint?
>>>>
>>>> I'd be tempted to give the suppliers a call to say you'll only pay
>>>> 1/2 the bill and that the other occupier is liable for the other
>>>> half.  Inform them in writing of the name of the other occupier and
>>>> that you are unrelated and are divorced.  Wait until the nasty
>>>> letters come and if it goes to Court - you then can invite your
>>>> ex-half to attend.  If you can prove you paid "your half" it might
>>>> end up with just her name in the judgment.
>>> Not a hope in hell.  What supplier would agree to that.  How on
>>> earth do you think that the supplier can unilaterally enter into an
>>> enforceable agreement with the ex-wife (leaving aside the issue of
>>> why they would even want to countenance it as they already have a
>>> contract which suits them with the ex-hubby).
>>>
>>> It is for the ex-hubby to take action against the ex-wife to protect
>>> his interests.
>>
>> Hmm - works with all manner of things - council tax for one.  What
>> makes you think that the inhabiatants of a house aren't jointly
>> liable for utility charges?  Hubby needs to inform the suppliers. It 
>> doesn't matter if they don't accept the new arrangement.  He
>> stops paying until they do or until she pays.  In any case he's got
>> nothing to lose!
>
> Because the Council Tax is a statutory charge and the liabilities
> against individuals is laid down in law.
>
> The supply of utilities is a commercial contract and liabilities
> incurred under it are fully enforceable against the parties to it and
> not enforceable in any way against third parties not in the contract.
>
> Even if there was any liability against the ex-wife in favour of the
> utility companies, those companies would have made sure that the
> parties were jointly and severally liable so that the debt could be
> fully enforced against any one of them should the other default.
>
> In terms of what he has to lose, he could:
> - Ultimately lose the supply of those services if he deliberately does
> not pay irrespective of whether or not the ex-wife pays.
> - End up with a County Court judgement against him.
> - Find himself with the inconvenience of pre-payment meters.

That is precisely why he should end the existing contract and start a fresh 
one with naming his ex-wife as a customer.

I agree that the liability would be several and joint.  However courts are 
very sympathetic to parties who've pulled their weight and he could ensure 
that any judgement would be only against his wife.  I've known judgments to 
be set aside for the one party to end up liable.

It's extremely unlikely in any event that any supply would be terminated if 
children live there.

Fred wrote:
> Dave wrote:
>> Fred wrote:
>>> Dave wrote:
>>>> Fred wrote:
>>>>> "age9000"  wrote in message
>>>>> news:age9000.317dd3c@legalbanter.co.uk...
>>>>>> Hi
>>>>>>
>>>>>> am divorced and on incapacity benefit
>>>>>>
>>>>>> My ex-wife works, and we are still living in same house
>>>>>> I am going to final hearing in november to try and get the
>>>>>> court to make her leave.
>>>>>>
>>>>>> She is refusing to pay towards any bills.
>>>>>> Can anyone suggest what steps I can do, via the court
>>>>>> if required to make her pay towards the bills. ?
>>>>>>
>>>>>> Am i legaly able to stop her using any gas,electric, water
>>>>>> and the food that i purchase for me and the three children ?
>>>>>>
>>>>>>
>>>>> Whose house is this?  Is it joint?
>>>>>
>>>>> I'd be tempted to give the suppliers a call to say you'll only pay
>>>>> 1/2 the bill and that the other occupier is liable for the other
>>>>> half.  Inform them in writing of the name of the other occupier and
>>>>> that you are unrelated and are divorced.  Wait until the nasty
>>>>> letters come and if it goes to Court - you then can invite your
>>>>> ex-half to attend.  If you can prove you paid "your half" it might
>>>>> end up with just her name in the judgment.
>>>> Not a hope in hell.  What supplier would agree to that.  How on
>>>> earth do you think that the supplier can unilaterally enter into an
>>>> enforceable agreement with the ex-wife (leaving aside the issue of
>>>> why they would even want to countenance it as they already have a
>>>> contract which suits them with the ex-hubby).
>>>>
>>>> It is for the ex-hubby to take action against the ex-wife to protect
>>>> his interests.
>>> Hmm - works with all manner of things - council tax for one.  What
>>> makes you think that the inhabiatants of a house aren't jointly
>>> liable for utility charges?  Hubby needs to inform the suppliers. It 
>>> doesn't matter if they don't accept the new arrangement.  He
>>> stops paying until they do or until she pays.  In any case he's got
>>> nothing to lose!
>> Because the Council Tax is a statutory charge and the liabilities
>> against individuals is laid down in law.
>>
>> The supply of utilities is a commercial contract and liabilities
>> incurred under it are fully enforceable against the parties to it and
>> not enforceable in any way against third parties not in the contract.
>>
>> Even if there was any liability against the ex-wife in favour of the
>> utility companies, those companies would have made sure that the
>> parties were jointly and severally liable so that the debt could be
>> fully enforced against any one of them should the other default.
>>
>> In terms of what he has to lose, he could:
>> - Ultimately lose the supply of those services if he deliberately does
>> not pay irrespective of whether or not the ex-wife pays.
>> - End up with a County Court judgement against him.
>> - Find himself with the inconvenience of pre-payment meters.
> 
> That is precisely why he should end the existing contract and start a fresh 
> one with naming his ex-wife as a customer.
> 
> I agree that the liability would be several and joint.  However courts are 
> very sympathetic to parties who've pulled their weight and he could ensure 
> that any judgement would be only against his wife.  I've known judgments to 
> be set aside for the one party to end up liable.
> 
> It's extremely unlikely in any event that any supply would be terminated if 
> children live there.

But he simply can't make his ex-wife enter the contract - there is no 
obligation on her to enter it (or given the current situation, no 
incentive for her to do so).  Consequently he is never going to get to a 
jointly and severably liable situation so the type of court case you 
allude to above cannot be reached.

It is unlikely he loses his supply (or at least it is a long way down 
the line).

He will also incur costs if he unilaterally stops paying.

"Dave"  wrote in message 
news:48dc8c3d$1@mail.hmgcc.gov.uk...
> Fred wrote:
>> Dave wrote:
>>> Fred wrote:
>>>> Dave wrote:
>>>>> Fred wrote:
>>>>>> "age9000"  wrote in message
>>>>>> news:age9000.317dd3c@legalbanter.co.uk...
>>>>>>> Hi
>>>>>>>
>>>>>>> am divorced and on incapacity benefit
>>>>>>>
>>>>>>> My ex-wife works, and we are still living in same house
>>>>>>> I am going to final hearing in november to try and get the
>>>>>>> court to make her leave.
>>>>>>>
>>>>>>> She is refusing to pay towards any bills.
>>>>>>> Can anyone suggest what steps I can do, via the court
>>>>>>> if required to make her pay towards the bills. ?
>>>>>>>
>>>>>>> Am i legaly able to stop her using any gas,electric, water
>>>>>>> and the food that i purchase for me and the three children ?
>>>>>>>
>>>>>>>
>>>>>> Whose house is this?  Is it joint?
>>>>>>
>>>>>> I'd be tempted to give the suppliers a call to say you'll only pay
>>>>>> 1/2 the bill and that the other occupier is liable for the other
>>>>>> half.  Inform them in writing of the name of the other occupier and
>>>>>> that you are unrelated and are divorced.  Wait until the nasty
>>>>>> letters come and if it goes to Court - you then can invite your
>>>>>> ex-half to attend.  If you can prove you paid "your half" it might
>>>>>> end up with just her name in the judgment.
>>>>> Not a hope in hell.  What supplier would agree to that.  How on
>>>>> earth do you think that the supplier can unilaterally enter into an
>>>>> enforceable agreement with the ex-wife (leaving aside the issue of
>>>>> why they would even want to countenance it as they already have a
>>>>> contract which suits them with the ex-hubby).
>>>>>
>>>>> It is for the ex-hubby to take action against the ex-wife to protect
>>>>> his interests.
>>>> Hmm - works with all manner of things - council tax for one.  What
>>>> makes you think that the inhabiatants of a house aren't jointly
>>>> liable for utility charges?  Hubby needs to inform the suppliers. It 
>>>> doesn't matter if they don't accept the new arrangement.  He
>>>> stops paying until they do or until she pays.  In any case he's got
>>>> nothing to lose!
>>> Because the Council Tax is a statutory charge and the liabilities
>>> against individuals is laid down in law.
>>>
>>> The supply of utilities is a commercial contract and liabilities
>>> incurred under it are fully enforceable against the parties to it and
>>> not enforceable in any way against third parties not in the contract.
>>>
>>> Even if there was any liability against the ex-wife in favour of the
>>> utility companies, those companies would have made sure that the
>>> parties were jointly and severally liable so that the debt could be
>>> fully enforced against any one of them should the other default.
>>>
>>> In terms of what he has to lose, he could:
>>> - Ultimately lose the supply of those services if he deliberately does
>>> not pay irrespective of whether or not the ex-wife pays.
>>> - End up with a County Court judgement against him.
>>> - Find himself with the inconvenience of pre-payment meters.
>>
>> That is precisely why he should end the existing contract and start a 
>> fresh one with naming his ex-wife as a customer.
>>
>> I agree that the liability would be several and joint.  However courts 
>> are very sympathetic to parties who've pulled their weight and he could 
>> ensure that any judgement would be only against his wife.  I've known 
>> judgments to be set aside for the one party to end up liable.
>>
>> It's extremely unlikely in any event that any supply would be terminated 
>> if children live there.
>
> But he simply can't make his ex-wife enter the contract - there is no 
> obligation on her to enter it (or given the current situation, no 
> incentive for her to do so).  Consequently he is never going to get to a 
> jointly and severably liable situation so the type of court case you 
> allude to above cannot be reached.
>
> It is unlikely he loses his supply (or at least it is a long way down the 
> line).
>
> He will also incur costs if he unilaterally stops paying.
>

Hmm - OK I move into property, don't inform the suppliers and use copious 
quantities of gas and electrcity.  They send a bill to the occupier.  Since 
there's no contract between me and the supplier I can say "I didn't enter 
into a contract".  Yes I can see now everyone in the UK doing just that.

Really!  It's funny I thought by merely using the utility I had entered into 
a contract, funny that I'm wrong here, perhaps I should get on the phone 
now?

Fred wrote:
> "Dave"  wrote in message 
> news:48dc8c3d$1@mail.hmgcc.gov.uk...
>> Fred wrote:
>>> Dave wrote:
>>>> Fred wrote:
>>>>> Dave wrote:
>>>>>> Fred wrote:
>>>>>>> "age9000"  wrote in message
>>>>>>> news:age9000.317dd3c@legalbanter.co.uk...
>>>>>>>> Hi
>>>>>>>>
>>>>>>>> am divorced and on incapacity benefit
>>>>>>>>
>>>>>>>> My ex-wife works, and we are still living in same house
>>>>>>>> I am going to final hearing in november to try and get the
>>>>>>>> court to make her leave.
>>>>>>>>
>>>>>>>> She is refusing to pay towards any bills.
>>>>>>>> Can anyone suggest what steps I can do, via the court
>>>>>>>> if required to make her pay towards the bills. ?
>>>>>>>>
>>>>>>>> Am i legaly able to stop her using any gas,electric, water
>>>>>>>> and the food that i purchase for me and the three children ?
>>>>>>>>
>>>>>>>>
>>>>>>> Whose house is this?  Is it joint?
>>>>>>>
>>>>>>> I'd be tempted to give the suppliers a call to say you'll only pay
>>>>>>> 1/2 the bill and that the other occupier is liable for the other
>>>>>>> half.  Inform them in writing of the name of the other occupier and
>>>>>>> that you are unrelated and are divorced.  Wait until the nasty
>>>>>>> letters come and if it goes to Court - you then can invite your
>>>>>>> ex-half to attend.  If you can prove you paid "your half" it might
>>>>>>> end up with just her name in the judgment.
>>>>>> Not a hope in hell.  What supplier would agree to that.  How on
>>>>>> earth do you think that the supplier can unilaterally enter into an
>>>>>> enforceable agreement with the ex-wife (leaving aside the issue of
>>>>>> why they would even want to countenance it as they already have a
>>>>>> contract which suits them with the ex-hubby).
>>>>>>
>>>>>> It is for the ex-hubby to take action against the ex-wife to protect
>>>>>> his interests.
>>>>> Hmm - works with all manner of things - council tax for one.  What
>>>>> makes you think that the inhabiatants of a house aren't jointly
>>>>> liable for utility charges?  Hubby needs to inform the suppliers. It 
>>>>> doesn't matter if they don't accept the new arrangement.  He
>>>>> stops paying until they do or until she pays.  In any case he's got
>>>>> nothing to lose!
>>>> Because the Council Tax is a statutory charge and the liabilities
>>>> against individuals is laid down in law.
>>>>
>>>> The supply of utilities is a commercial contract and liabilities
>>>> incurred under it are fully enforceable against the parties to it and
>>>> not enforceable in any way against third parties not in the contract.
>>>>
>>>> Even if there was any liability against the ex-wife in favour of the
>>>> utility companies, those companies would have made sure that the
>>>> parties were jointly and severally liable so that the debt could be
>>>> fully enforced against any one of them should the other default.
>>>>
>>>> In terms of what he has to lose, he could:
>>>> - Ultimately lose the supply of those services if he deliberately does
>>>> not pay irrespective of whether or not the ex-wife pays.
>>>> - End up with a County Court judgement against him.
>>>> - Find himself with the inconvenience of pre-payment meters.
>>> That is precisely why he should end the existing contract and start a 
>>> fresh one with naming his ex-wife as a customer.
>>>
>>> I agree that the liability would be several and joint.  However courts 
>>> are very sympathetic to parties who've pulled their weight and he could 
>>> ensure that any judgement would be only against his wife.  I've known 
>>> judgments to be set aside for the one party to end up liable.
>>>
>>> It's extremely unlikely in any event that any supply would be terminated 
>>> if children live there.
>> But he simply can't make his ex-wife enter the contract - there is no 
>> obligation on her to enter it (or given the current situation, no 
>> incentive for her to do so).  Consequently he is never going to get to a 
>> jointly and severably liable situation so the type of court case you 
>> allude to above cannot be reached.
>>
>> It is unlikely he loses his supply (or at least it is a long way down the 
>> line).
>>
>> He will also incur costs if he unilaterally stops paying.
>>
> 
> Hmm - OK I move into property, don't inform the suppliers and use copious 
> quantities of gas and electrcity.  They send a bill to the occupier.  Since 
> there's no contract between me and the supplier I can say "I didn't enter 
> into a contract".  Yes I can see now everyone in the UK doing just that.
> 
> Really!  It's funny I thought by merely using the utility I had entered into 
> a contract, funny that I'm wrong here, perhaps I should get on the phone 
> now?

You probably should get on the phone now although I'm not sure who you 
want to phone.  It's not funny that you are wrong here - it's easy to 
post anecdotal accounts of scenarios bearing little relation to the one 
being discussed.

In the situation you describe, a contract is formed implicitly by the 
use of the service (assuming that the new occupants are lucky enough to 
find the services haven't been disconnected).  The previous occupants 
(if they have any sense) will have had the services disconnected when 
they move out because otherwise they might find themselves liable for 
the usage of the new occupants - the contract is not transferred 
automatically by occupancy or usage.

However that is not the situation that is described in this thread. 
There is already a contract in place between the supplier and the 
ex-husband and as a result it is down to him to determine who he allows 
to enjoy the benefits.

I suppose he could try and turn the tables by terminating the contracts 
and having the services disconnected and waiting for her to re-establish 
them.