Third party loan

molly2molly

I am taking an ex friend to the Small Claims Court for a debt of £3000 she used towards a Breast Augmentation in 2008. She claims her estranged husband owes the money which totals £12000. Long story, but the CC company will accept a lesser amount to clear the debt which her husband is willing to pay. The question I have is this......If the debt is cleared to the lesser amont before I go to court does she still owe me the £3000 ? I believe this is a personal debt as opposed to a matrimonial one.

gb12345

I'm sorry, but your post really doesn't make sense - you talk of £3000 being lent (assume by you to ex-friend) then you mention £12,000 owed by the husband. Finally you throw a CC company into the mix.

How much money did you lend to the ex-friend and her husband? Is it £3,000 or £12,000.
What does the Credit Card company have to do with you lending your friend money?

dealer_wins

I think we need to see a picture of the "assets" in this case!

Apples2

Once I managed to bring my.mind back to the actual problem I also can't work out what the difference is between personal debt or a matrimonial one makes.

I'll inject my own logic and consider it sole or joint debt but I remain more interested in the results of the procedure than any financial misery.

molly2molly

Hi, The family borrowed my CC and ran up a debt of £12000 in total. £9000 was for household expenses, £3000 of that was spent online by the wife towards a breast augmentation just before they split up ( i was promised payment every week on completion of a property deal ). The wife had used the card with details stored on her computer as i had taken the card back. The £3000 maxed the card out !! They have both since been bankrupt but as far as i am aware neither listed this debt in their bankruptcy. The debt has been passed on 3 times. The present company have agreed a lower amount to clear the debt which the estranged husband has agreed to pay in the near future. In the mean time I have had to make payments of £20/month.
I know in law there is a distinction between matrimonial debt and personal debt. I consider her debt as personal as only she benefited from it. The ex husband as asked us not to sue her due to the problems he was having in getting access to his children. As soon as this was granted by a judge I started the Small claims prceedure against her.

The crux of my query is, if the cc debt is paid ( reduced sum) does she still owe me £3000 ? Is the fact she borrowed the money on my card seperate from her personal debt to me ?

gb12345

Something doesn't add up here.

Did you physically lend her an additional £3,000 or is it just the debt that they ran up on the credit card that is being discussed here?

I'm not sure why the "company" (debt collectors?) are chasing the friend and her ex-husband for the money - it is your credit card, you owe them the money and it is then up to you to get the money from the ex-friend or did you report this as credit card fraud at the time?

DCFC79

molly2molly wrote: »

Hi, The family borrowed my CC and ran up a debt of £12000 in total.

I hope you didnt physically lend them your card ?

I agree with gb12345, the card debt is you debt since its in your name so you should be chased for it.

Foxy-Stoat_3

Any written agreements to your "friends" about using and paying back the card debt? If there are then maybe this could be including in the BR agreement, but doubtful it will amount to much money.

I would report them for credit card fraud and say you lost your wallet!

You owe the credit card company £12,000 but their debt recovery company have reduced this to £3,000, and your "friends" have said they will pay...is that right? If they have gone BR they wont be paying you a penny.

If you pay the £3,000 then are you sure that no one will chase you for the remaining amount? Best just to pay the £20 a month for the next 50 years but I doubt they would honor that agreement for that long, assuming the interest has been frozen on the £12,000.

Have you done a credit search on yourself recently just to see if your credit history is intact?

Bottom line is they owe you £12,000 and wont be paying anything.

molly2molly

Hi, Their BR ended over 2 yrs ago and as far as i'm aware their debt to me wasn't included. She makes no mention of this in her defence statement. She claims her husband is responsible for the whole debt. ( yes i let them use my card ). In either case she is responsible for a personal or half matrimonial debt.

I have negotiated a settlement amount of £3500. Her husband has paid £1500 towards this already with the rest in the near future.

I know i am personally responsible to the CC company, but if he pays me the remaining amount to settle the debt with the CC company (which i have agreed with him will absolve him of his debt), do i still have a claim against the wife for the £3000 she owes me ?

For example, if i let a friend spend £12000 on my card whom refused to pay back, so i negotiated a settlement to the cc company of say £4000 and I paid it, do I sue the friend for the £12000 or the settlement amount of £4000 ?

McClane54

Its not thier debt, its yours the CC is in your name and your problem I'm affriad

Id pay it off then seek to take them to court!

Check your credit report, your likely to have a few defaults


Or take his money he's offered to pay and say you never had a penny of it :rotfl: they were happy to take the p*** , now its your turn

Foxy-Stoat_3

I think what ever you have negotiated with the CC company, that is what you want back.

If you were going legal then the judge or whoever will want to see evidence of the debt.