Is it possible to sue an ex for using a credit card without permission?

jonesMUFCforever

IMO and OP won't like it but you don't have a cats chance in hell of winning.
As another poster has already posted you were in breach of the card's T&C by giving her the card and PIN to pay for the MOT.
A legal defence would rip your story to shreds - why did you not demand the card back after the transaction, why did you not check your statements etc etc.
Your head being all over the place is not a legal defence.

meer53

jonesMUFCforever wrote: »

IMO and OP won't like it but you don't have a cats chance in hell of winning.
As another poster has already posted you were in breach of the card's T&C by giving her the card and PIN to pay for the MOT.
A legal defence would rip your story to shreds - why did you not demand the card back after the transaction, why did you not check your statements etc etc.
Your head being all over the place is not a legal defence.

Plus the OP has accepted the debt by paying it all off. Complaint should have been made at the time.

izools

Absolutely.

All she would have to say is "I had his permission to use the funds in the account for my needs. I believe that my being given the card and PIN backs this up"

"Additionally, I was unaware that I should keep my spending to any particular amount and was under the impression that should I spend more than he wanted me to, he would either tell me, or cancel the card, or both"

"As I had been given the card and PIN to use, as far as I was aware, for whatever I want, and at no point told to stop, and at no point had the card declined or PIN displayed as invalid, I was unaware that I was doing anything the account holder didn't want me to"

"Once I noticed the card was declined I stopped using the account as I took this as notice that he would rather I not spend any more or his good will had come to an end"

There's not a lot he'd be able to say against that really, so far as I can tell?

jonesMUFCforever

Izools

Exactly - are you a solicitor by any chance?

izools

jonesMUFCforever wrote: »

Izools

Exactly - are you a solicitor by any chance?

Haha, no I'm just bloody good at arguing the toss :beer:

Do you remember the arguments I used to get into with NID?

zagfles

SailorSam wrote: »

This story was on the news tonight, not exactly the same as you Op, but the guy stole £30k and got 12mths suspended for 2yrs.

http://www.itv.com/news/granada/story/2013-02-22/man-sentenced-after-sneaking-into-ex-wifes-house/

Bit different there as he didn't have the card with the cardholder's permission.

OP it may be worth pursuing the CC company but don't think it'll be successful, see the last example here:

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_plastic_cards.htm

bris

No chance with the CC company as he gave the ex the details, a high chance of winning in court though because a reasonable person such as a judge would believe (IMO) the op over an ex, especially since a long time frame had passed. For the small amount of court costs in relation to the claim, it would be well worth the gamble.

meer53

bris wrote: »

No chance with the CC company as he gave the ex the details, a high chance of winning in court though because a reasonable person such as a judge would believe (IMO) the op over an ex, especially since a long time frame had passed. For the small amount of court costs in relation to the claim, it would be well worth the gamble.

I disagree, i think this wouldn't get anywhere in court. The OP's partner was negligent in giving his ex the card details. He should have stopped the card as soon as he knew she was using it. Ultimately, by not checking the account for 18 months, he had allowed it to continue. Then he paid the debt off, it's no good crying foul after all this time.

ALIBOBSY

Does the OP have anything in writing-even an email confirming the actual agreement?

It may be worth originally having a softly, softly approach and emailing the ex and just point out he only allowed for he to cover the MOT costs and that he wants he to pay the rest back. She might just slip up and email back that she agrees with what he says but will not cough up. If she has admitted it he has a much stronger case to take it to court.

However all that said even if he got a CCJ against her, would she really be bothered and does she actually have any assets to claim against?

Plus I assume he has to deal with her regarding their child and she could become very difficult with access if he pursues things. He might decide it's stiring up a hornets nest and best to write it off as money paid to "support" his child.

Good luck

Ali x

bris

meer53 wrote: »

I disagree, i think this wouldn't get anywhere in court. The OP's partner was negligent in giving his ex the card details. He should have stopped the card as soon as he knew she was using it. Ultimately, by not checking the account for 18 months, he had allowed it to continue. Then he paid the debt off, it's no good crying foul after all this time.

And I disagree with you, giving the OP the card to pay one bill did not give her the green light to max it out, a civil case would have an excellent chance of winning.