2nd card holder debt

merrpet

i had a credit card with my ex, i had the account and he was a 2nd card holder, we split over 18months ago, but he has been paying the card due to the fact he was the one who spent all the credit on there (using his card) he is now refusing to pay the balance off as he claims it is too much and not changed enough from when he left (his fault for only paying the minimum +£5 each month!!!) which will basically leave me with nearly £600 outstanding.
does anyone know, or can advise me, whether i can make him pay this via solicitors or anything, like i said it was all his debt, he used his card to spend all the money in the first place, but me being the main card holder i am assuming i am responsible?

CLAPTON

the CC company will see you as solely responsible for the debt and will need to pay it off

presumably you have cancelled his card

you may be able to claim in the small claims court if you can reasonably prove he spent all the money and had agreed to pay it off.

merrpet

i cant cancel the cards until the debt is paid, but he has no card, i took it away from him when he left!!! i have all the statements that prove his spending and his payments, so to the small claims i go!!!!

CLAPTON

merrpet wrote: »

i cant cancel the cards until the debt is paid, but he has no card, i took it away from him when he left!!! i have all the statements that prove his spending and his payments, so to the small claims i go!!!!

best of luck but it will all depend upon the judge on the day.

jonesMUFCforever

I don't think that to be true - it is a no brainer the credit card debt is the responsibility of the card holder.

izools

Incorrect.

All credit card companies make it more than abundantly clear that any use by a joint cardholder is the sole and definite responsibility of the main account holder. You will have had to acknowledge this before the CC company agreed to send out a card for him.

It's your account, you're responsibility to ensure you allow a joint cardholder that you trust and is trustworthy, and has nothing to do with the CC company whatsoever.

I'm sorry, but even if you can prove he used the card for X, Y, and Z, it changes nothing. You are still liable for the expenditure unless you can prove that he agreed that all his expenditure was to be repaid to you in the form of a recording or written agreement, or if he admits to it in court (... yeah that seems likely ...).

Good luck!!

savagej

I know this has always been the case but I would swear I saw somewhere recently that new agreements are being introduced where the additional cardholder can be chased, or charged for their portion of the debt. Obviously not in this case, maybe I dream'nt, but I will see if I can find it again using Google.

izools

Simply consider it this way:

There is no such thing as second cardholder debt. Only primary cardholder debt incurred by the second cardholder.

CannyJock

savagej wrote: »

I know this has always been the case but I would swear I saw somewhere recently that new agreements are being introduced where the additional cardholder can be chased, or charged for their portion of the debt. Obviously not in this case, maybe I dream'nt, but I will see if I can find it again using Google.

There's definitely been cases reported where additional card-holders are having full credit searches done before a card is being issued.

MPH80

CannyJock wrote: »

There's definitely been cases reported where additional card-holders are having full credit searches done before a card is being issued.

Doesn't make them liable though ...

savagej

No, but before they got the search they had to sign or accept an agreement. What exactly did that agreement say?