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am I liable for my ex girlfriends credit card bill
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paulofessex wrote: »If there is no case to answer surely this wouldn't have got to this stage would it? Don't the County Court ensure there is a valid claim before issuing papers
no they don't
the judge decides on the evidence presented at the hearing0 -
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mutley1959 wrote: »she lived at my mums rent etc free
Just a thought how about claiming that the things she bought were her contribution / substitution for not paying rent? or am I just being a bit silly? :think:£365 in 365 days challenge: £730 / £1500 -
mutley1959 wrote: »:cool:Hi i am wondering if anyone can help me? I split up with my ex girlfriend over 12 months ago we luckily had no property together or anything like that no joint accounts etc and now I have received a small claims court form from her asking me to pay her credit card bill which she says I owe as she spent the money whilst I was with her...she also wants me to pay for her next catalogue which non of these are in my name or joint ----has she got a legal right to get me to pay??:(
Are you liable for her credit card debt? No. Assuming its her credit card, not a debt she ran up with a second card on your account, no.
Are you liable for anything she purchased with her money with the intention you would pay for it later? Perhaps.
Are you liable for something that was purchased as a gift? No.
Even if you are not legally liable for anything, I would hope you would consider if you had a moral obligation for anything that was genuinely the second case.
As for the 3rd case... What happens if she claims that gifts were loans. Could you prove / do you have witnesses to gifts being given as gifts if worse happened?If you don't stand for something, you'll fall for anything0 -
No you are not being silly.
But what the judge is interested in is what was the agreement at the time.
So if he is satisfied that is what happened ie 'you buy my motor bike leathers for me and in return my mum has agreed not to charge you any rent' then that's fine. OP's mother would have to go to court and give evidence about this because if rent money is owed, it it was owed to the mother, not the boyfriend.
But what you can't do is say 'yes I agree she spent £x on me, but that should be deducted from the rent she would have paid if we had asked her for rent'I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
She has some nerve to ask you to pay her debts, tell her to !!!! off!
She has no chance in court by the way.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Put a defense that she did not pay rent, as your contribution to her anything she bought you0
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zzzLazyDaisy sums it up well.
There needs to have been a specific agreement at the time that you would pay her back for those purchases. If there was, then it could well be enforceable.
Note even then judges can be reluctant to enforce "domestic" agreements. A court wouldn't enforce a debt owed by my sister's ex-bf despite her having a written signed IoU. He just claimed it wasn't meant to be serious and the judge accepted that.
[lesson for those wanting to do such deals - if you want them to be legally enforceable then state as much in writing with all the details, sign and preferably independently witnessed. For serious sums use a solicitor!]0 -
I don't think you're liable to any of her debt from credit cards since you didn't spend it, it was she who spent it anyway. Why does she even thought of that?! crazy!Mr. Mulla0
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