Money, Benefits and Debt
Check if you have to pay a debt
Summary
If you’re under 18 you can only be responsible for a debt if it’s for something you need day-to-day. This could include a mobile phone contract, clothes or food. If you’re under 18 and not sure if you’re liable for a debt, contact your nearest Citizens Advice. If you’re dealing with the debts of someone who has died, it’s important to follow the right process. If you don’t, you could be held liable for their debts. You're not automatically liable for the debts of someone who has died even if you were their husband, wife or civil partner, or living with them. You could be liable for debts linked to the property you shared, for example council tax or water. If you had joint debts, you'll be liable for the full amount. For most debts, if you’re liable your creditor has to take action against you within a certain time limit. Taking action means they send you court papers telling you they’re going to take you to court. The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts. If your home is repossessed and you still owe money on your mortgage, the time.
Key information
- you (or if it’s a joint debt, anyone you owe the money with), haven’t made any payments towards the debt
- you, or someone representing you, haven’t written to the creditor saying the debt’s yours
- the creditor hasn’t gone to court for the debt
- don’t contact a creditor in writing - this includes sending a text or an email, or talking to them on online chat
- don’t make a payment to your creditor - including small payments or someone else making a payment on your behalf
- living in their own, separate parts of the building
- there temporarily, for example in some hostels
- don’t think you're liable for it
- think the property is permanently exempt from council tax, for example if it’s a student halls of residence or armed forces accommodation
- think the property is temporarily exempt, for example if it’s been left empty because it’s been repossessed, or someone has died or is in hospital
- the 28th day after you told them you were moving
- when a new occupier tells the water company they’ve moved in
Practical guidance
- Source: Check if you have to pay a debt
Related topics
More in this area
Sources
- Citizens Advice — Check if you have to pay a debt
This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.
