Third party loan

Tixy

molly2molly wrote: »

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 !!!!

Was the spending incurred before they went bankrupt? I has assumed you meant it was afterwards (or perhaps during), when they were unable to get credit in their own name.

If it was before they went bankrupt then the debt to you was covered by the bankrupty (even if it was not specifically mentioned in their bankruptcy).

Apples2

I stopped believing this post at the mention of private jets.

DCFC79

Apples2 wrote: »

I stopped believing this post at the mention of private jets.

Private jets, who's got a jet ? Does the ex friend have 1 to go with the Breast Augmentation.

pvt

Foxy-Stoat wrote: »

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.

She lent them £12,000. That is what she is owed back by them.

She can use the credit card bills as proof of the spending if it is disputed and a judge requires proof of that.

Any settlement arrangement that she has made with the CC company is no business of the court or the couple she lent the money to.

bargainbetty

pvt wrote: »

She lent them £12,000. That is what she is owed back by them.

She can use the credit card bills as proof of the spending if it is disputed and a judge requires proof of that.

That is proof of spending. It is not proof of their debt to her. A written agreement, stating the purchases are theirs and her card will be settled in full, is proof. She does not have that, and in handing the card to a third party she is in breach of the clauses that might allow her to claim fraud or theft protections.

They can simply argue that she agreed to help them out as a wonderful friend, and they are heartbroken that even now, after they had to go bankrupt, she is going to push them into it again by demanding money back for what they believed in good faith was a gift.

Without proof, there is no debt. the OP has to explain why they handed over their card without a written agreement, if it wasn't just her helping out a couple of mates.

kuohu

In summary, person lends friend money and it goes tits up.