Third party loan

gb12345

molly2molly wrote: »

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 ?

You can sue the friend for what they actually owe you - which will be the amount that is required to settle the credit card bill. The credit card company have agreed to reduce the amount owed to £3,500, which you say the husband has paid £1,500 of and has promised to pay the rest.

It seems to me that you are trying to put yourself in a beneficial position by suing her as she doesn't appear to owe you anything.

If you do decide to go to court, I suggest you get some help in writing your claim, because if you explain things on the claim form as poorly as you are explaining them here then it will be chucked out.

Tixy

You owe the credit card company - whatever settlement agreement you have negotiated with them is what you need to pay them. And presumably you have agreed with the cc company as part of that negotiation how it will be reflected on your credit file.

What paperwork do you have with husband? you say you have agreed with him that he can settle the debt to you for £3500, I assume you put this in writing.
The wording on this document will be the key. Did you state that this was in settlement of his debt of £9,000 or his debt of £12,000, or did you simply state in final settlement of the debt owed in respect of use of my credit card. Did your wording state his debt or their debt - as in to cover both of the couple?

scaredlady

molly2molly wrote: »

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.

Just reading this has quite annoyed me.
YOU have a credit card-YOU lent it to (ex) friend who ran up £12,000 on it. You seem to have go the credit card company to only accept payment of £3k instead of the £12k that was owed. Why are they prepared to do that. YOU handed over the card. It was not stolen. However on top of that , having had a 12k bill reduced to 3k (wouldn't we all like that !!) you now want to try claiming the 3k that was put on it by your (ex) friend. How about YOU pay off the £12k, then sue your (ex) friends for the whole amount (12k)
Totally do not think you should be trying to claim over and above what is required to pay off the CC at this moment in time.that leaves a nasty taste in the mouth, and do not give your card to anyone else.....

Foxy-Stoat_3

My guess there is no paperwork!

molly2molly

Hi gb12345, Thanks for your input.

Taking into account what you have written, whom do i sue for all the payments i have made ( £2000 ) and compensation for my wrecked credit ?

The estranged husband has agreed he owes for the matrimonial debt to me of £9000 but he and i consider her spending of £3000 as a personal debt to me.

Surely her debt is to me not the cc company, so even if the cc debt is partially satisfied i still have a claim.

Your thoughts please.

gb12345

molly2molly wrote: »

Hi gb12345, Thanks for your input.

Taking into account what you have written, whom do i sue for all the payments i have made ( £2000 ) and compensation for my wrecked credit ?

The estranged husband has agreed he owes for the matrimonial debt to me of £9000 but he and i consider her spending of £3000 as a personal debt to me.

Surely her debt is to me not the cc company, so even if the cc debt is partially satisfied i still have a claim.

Your thoughts please.

Finally, we are getting the full details of what you are trying to claim.

There are two separate debts here -
First there is the CC debt that they ran up on your card. Forget the 12,000 - that is no longer owed - the CC company have agreed to accept £3,500 for some reason, so that is all that you can claim back in respect of that debt. A judge will throw out a claim for anything more as you putting yourself in a better position financially.

Then there is the money that you say you have paid in payments to the CC (the £2,000) - you do have a right to claim that back, but not necessarily just from the wife, the husband is responsible too - although you seem to have absolved him of that responsibility by accepting his offer to pay the £3,500.

You can also forget about compensation for wrecking your credit record (that is really down to your stupidity in letting them use your card in the first place) as the small claims court won't rule over compensation such as that. I'm sure that you could try to sue them outside of small claims, but the costs of solicitors and barristers would probably put it way beyond being worth it.

Tixy

molly2molly wrote: »

Taking into account what you have written, whom do i sue for all the payments i have made ( £2000 ) and compensation for my wrecked credit ?

Nobody - you let them use your card. Your credit file is wrecked because you did not keep up payments on a credit account that was your legal responsiblity to pay.

If the cc company is aware that you let another person use your card and if that has meant they have entered a CIFAS marker on your file then that is your own responsibility as well.

molly2molly

Thank you all for your input, especially gb12345. It has helped to focus my thoughts as to a way forward. By the way while in 2008 they spent my money they were going to Sardinia on a private jet & putting £40000 deposit on a new house, I was assured payment & believed it !!!!

Wish I'd watch Judge Judy before all this happened, her advice is priceless. Moral ? NEVER LEND MONEY TO ANYONE..

Think i'll amend writ for half of payments i've made and sue him also.

bargainbetty

Unless you had a written agreement that you were loaning each of them that money, and they signed and agreed to it, they can claim it was a gift and since you gave them the card to use, you'd be hard pressed to prove otherwise.

If he has agreed to pay the sum to clear the debt, do you really want to put his back up and throw a further court action at him? She can deny it and win. He might just tell you that he accepted it as a gift and his repayments have been made out of guilt because you got into debt and he felt bad for you, having been bankrupt himself. Since you're now suing him, he will stop making payments until a judge says otherwise, and you don't have an agreement beyond the money you need to clear the settlement.

Stop trying to get revenge. You got burned, you are angry, but you don't have a leg to stand on legally. You handed over your card and let someone else run up a debt that YOU were legally responsible for repaying. Learn from it and move on. Take the money he gives to clear the debt and start to rebuild your life without them, or anyone else trying to borrow your card, in it.

Good luck

DCFC79

Im still trying to understand why you gave the friend your card.