Help please....can I take additional card holder to court?

Savvy_Money

Sorry Londongirl I didn't read that you stopped the card while you were still with him. Case even more shakey. Did he contribute any money from his side of the relationship - for example did he make any mortgage/rent payments? He is going to argue that you were fully aware of all purchases made and whilst you may not have physically used the card much did you benefit.

The problem from a legal perspective is that a judge will go by a balance of probability. So far you have not convinced me that you were an innocent bystander to his spending.

I don't mean to be harsh and I have sympathy for your situation but if he is definately going to consult a solicitor I can imagine his arguments

londongirl30

I think your spot in and that's exactly what he will argue, even though its wrong as I made payments to him each month. It was his house though so the mortgage was in his name. Although we did jointly rent somewhere else for 6 months while he rented his.

I think from what you have said it may be time to cut my losses and just be glad I'm rid of him and its only £3k as opposed to £9k.

Thanks for your advise though

Savvy_Money

It will all depend on how much you contributed towards rent/mortgage and if you have proof of payments. It's similar to divorce cases where assets and liabilities of the partnership are scrutinised. You may want to seek advice from a solicitor to see if there is a more general case for asset division. Most solicitors will offer a free consultation to discuss merits. Personally I would take this route as it may influence his coming to an ameniable agreement if there is a risk he may have to pay even more.

Obviously I don't know your circumstances but a free consultation is worth a risk.

dalesrider

londongirl30 wrote: »

I think from what you have said it may be time to cut my losses and just be glad I'm rid of him and its only £3k as opposed to £9k.

Thanks for your advise though

And balance that 3K against what it might cost you in legal bills as well.

londongirl30

Thanks everyone, you have been very helpful

Just one more thing though, does it strengthen my case in anyway that I have a text specifically agreeing to a deal I laid down which said if I pay £1k, he will pay £3. He replied saying he would pay ne the £3k as soon as his house is sold (I've since found out its not for sake though).

Thanks

chattychappy

PaulW922 wrote: »

The answer is yes you can, but as part of your case you will need to establish that there was an agreement between you, either implied or stated, that he would be responsible for his own charges to the account.

It will be tough. Courts tend to assume that such family agreements are not intended to be legally binding - especially between husband and wife. (Else every kid would be suing parents for not getting promised Christmas presents.) There are exceptions, and the presumption can always be overcome given sufficient evidence.

(Anyone interested can google "Balfour v Balfour [1919] 2 KB 571").

I write this as a warning too - in case anyone is thinking of "agreeing" something with a spouse, hoping to go to court later if necessary. If you don't want to use a solicitor, then the best way would be to make all the details clear in writing including that both sides intend it to be legally binding, both signs sign and get someone independent to witness it.

Bear in mind that even if something is not legally effective under contract law, the impact of the arrangement might still have an effect during a divorce settlement.

duchy

It might be worth the "investment" of a solicitor's letter -He probably thinks as you've being such a pushover (sorry) all this time that you won't do anything legally now and the thought that you will -might give him the push he needs to sort it.

zzzLazyDaisy

Just to say that this would be a small claims court case, and in my experience the judges seem to be very sensible and realistic, and usually come to very fair decisions. The fact that he has continued to make the payments after the relationship ended is evidence that he accepted responsibility for a time (did he make the payments to you or directly to the CC company?).

It is rare to have solicitors turning up as win or lose each party pays their own legal costs and the amounts at stake just aren't worth it.

Often either the court papers are enough to scare the person into paying - or they don't turn up to court (in which case you win).

Unfortunately it doesn't end there because if someone is determined not to settle the debt and doesn't mind having a ccj then you will have paid court fees to get a judgement against them and them you will have to pay even more court fees trying to get the payment.

If you know where he works you may be able to get an attachment of earnings order, and since you know where he lives you could get a charging order over his house, but all this costs money.

Whether it is worth it or not is up to you.

You can make the claim using money claim online, but be aware that if he files a defence the case will be heard in HIS local court which will mean further expense for you to travel there.

londongirl30

Thank you...all advice has been very helpful.

He made the payments straight to the card company Lazydaisy.

Ill have a think whether its worth it or i should put it down to an expensive mistake

Thank you

zzzLazyDaisy

If he made the payments direct to the card company that is very much in your favour as it indicates that he accepted liability.

Good luck in whatever you decide to do

Dx