How to get money back from second card user. Help

helpme1984

I was wondering if anyone could help me please?

When I was 18 was stupid enough to allow my then boyfriend to have a second card to my credit card. He spent £10,000 on it without me knowing!:mad: As you can imagine the relationship ended.

Over the following years he did make monthly payments but over the past year he has not. My parents have kindly paid the remaining balance (£6,000) and we are still trying to get the money out of him. Does anyone know a way of legally getting the money back from him?

Any advice will be gratefully received.

Thank you for your time.

[Deleted User]

There's no way. The debt is yours, if you signed the original agreement and added him as an additional cardholder.

Sorry.

Edit - the only other option would be taking him to court, but I can't see that working as I assume there was no written agreement between the two of you.

lisyloo

You could take him to court.

You would have try and convince the judge it was his spending.
Is it on seperate statements for example?

If you think you can convince a judge then the next question is can he pay?
If he has a job and/or some assets then he might be worth pursuing.
Does he own a home? or could he just dissapear?

The risks are
1) You can't prove the debt is his
2) He just dissapears and you can't find him
3) You win but you then have to spend money getting balliffs etc. to try to get the money. You can get an "attachement of earnings" so that his employer pays directly but you'd have to look into the costs of doing this. None of it is free.

Poppycat

Legally the debt is yours, the fault is not with the credit card company, you will have to pay the debt and try and sue your ex through the courts but the onus will be on you to prove he spent that money without your authorization which may be hard to prove

If you can provide prove he has been making payments that may help acknowledge there is some debt he owes you

noh

There is really no way.
By applying for and giving him the card you gave him permission to use it. It is your debt.
Unless you had a seperate loan agreement between you there is no way you would get anywhere in court.

Fiddlestick

lisyloo wrote: »

You could take him to court.

You would have try and convince the judge it was his spending.
Is it on seperate statements for example?

I don't believe there are grounds for court action.

He was a second card holder on HER account, which SHE is legally responsible for.

I can't see there being any liability on his part other than maybe a moral one.

nelly12

helpme1984 wrote: »

I was wondering if anyone could help me please?

When I was 18 was stupid enough to allow my then boyfriend to have a second card to my credit card. He spent £10,000 on it without me knowing!:mad: As you can imagine the relationship ended.

Over the following years he did make monthly payments but over the past year he has not. My parents have kindly paid the remaining balance (£6,000) and we are still trying to get the money out of him. Does anyone know a way of legally getting the money back from him?

Any advice will be gratefully received.

Thank you for your time.

Never heard of an 18 year old getting at least a £10k limit? had you previously won the lottery?

Marshmallow106

I had a very similar situation, at the end of the day... you gave him permission to use your credit card which he did. I even went to CAB and again, no joy. I think you're just going to need to take it as a very expensive lesson learnt.

lisyloo

I can't see there being any liability on his part other than maybe a moral one.

Does that not depend on the (verbal) agreement between them.
If she made it a gift and said spend whatever you like then fair enough.
But if any puchases were agreed as loans then is that not an agreement between them?

I totally agree that if the agreement was verbal only then it's one persons word against another, but that doesn't affect the whether the agreement is binding or not.
I though verbal agreements were binding.

Whether the case is weak is a diferent argument to whether there is one or not.
I totally agree he has no liability to the card company.

dmg24

nelly12 wrote: »

Never heard of an 18 year old getting at least a £10k limit? had you previously won the lottery?

Limits used to be far higher - I can recall having a £5K limit when I was in the sixth form!

nelly12

dmg24 wrote: »

Limits used to be far higher - I can recall having a £5K limit when I was in the sixth form!

Ok. Still never heard of it. Working in the banking and finance sector I confirm that this situation that the OP has does arise on a regular basis. Unless there is fraud or a written agreement between the two parties then unfortunately the OP is wholly responsible for the debt. Fortunately she is at a young age and has the benefit of the parents assistance. Got to strike this one down to a valuable lesson learnt.