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Ex partner stole money via old DD on Credit card

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I'm currently at a loss and am hoping for some help / advice please...

Amount taken: nearly £11,000
From Feb-Dec 2013
By an ex partner via an old credit card

We had a joint bank account and two separate credit cards with the same bank. The balances were paid off each month by direct debit from the joint account. During our break-up I requested the card back and I was given the card.
The joint account was closed and all the direct Debits were transfered to my sole account, including his credit card (unknown to me / not realised by me)

There was a small monthly spend on his card of about £7.50 (probably an internet subscription) When I realised I was paying this, I cancelled the DD via on-line banking in Jan/Feb time and wrote to my ex-partner explaining he will need to pay the outstanding £7.50 this month and for any future months as I have cancelled the DD. His statements were still being posted to our old house (where I remained)

That was the last I thought about it. No more statements arrived and the DD was cancelled.

In Nov and Dec I was overdrawn and charged a penalty by the bank. I investigated and noticed that TWO credit card payments were leaving my account. Mine and my ex partners. I contacted the bank to ask what is happening as I cancelled the DD back in Jan/Feb. I could see on the on-line screen that the DD to his card was "created Feb 2013" All other DD's were created Aug 2012 (when I opened my sole account and they were all transferred over)

The bank say they have no record of me cancelling the DD. (I did cancel it on-line) and they would investigate.

A month later (with some phone calls with the bank in between and allowing for the Xmas break) they cannot see that the DD was cancelled and they cannont assist me. Attempts by them to contact my ex-partner have not been sucessful. I have tried in many ways to contact my ex-partner and have been ignored. His family confirm they have passed on my messages direct to him, but he's still not contacted the bank.

The £11k has already left my account over the 10 months. He did not have my permission or agreement that I would cover the spend AND I cancelled the Direct Debit anyway (which the bank deny)

My ex-partner contacted the bank in Feb (He would have changed the statement address as I no longer got them since Feb and requested a new card)

The bank say the DD was "amended" in Feb but can't tell me what happened due to the Data Protection laws. So obviously my ex did something to a DD on my account. Had I myself amended a DD, they would be able to divulge the info. As someone else changed it, they will not give me any info on the amendment.

The case is being reviewed by another person at the bank - probably as a formality.

I can't allow £11k to be stolen from me... but don't know what to do next.

I'd be very grateful for any help.

Thanks
Rob
«134

Comments

  • I can understand you missing £7.50 a month, but are you saying that you didn't spot £11,000 being taken out from your account?
  • nidO
    nidO Posts: 847 Forumite
    http://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx

    Whether they can find any evidence of you cancelling it or not, you can tell the bank that you *did* cancel it and that all payments made on it since this date have been taken from you in error, and demand they be refunded - Your bank is required to refund the payments, immediately and in full under the direct debit guarantee.
  • eddddy
    eddddy Posts: 18,021 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi Bob

    So the credit card in question is solely in your ex's name, right?

    So, as nid0 suggests, you can tell your bank that you want to make an "indemnity claim" for all payments against that DD from Feb 2013 onwards.

    The bank may try to dissuade you, bet ultimately they must do this (as it's part of the DD guarantee.)

    The CC company will very likely challenge the claim, so you just need to re-confirm that you cancelled the DD in Feb 2013. No other explanation or justification is needed.

    But be aware that the CC company will then come down on your ex like a ton of bricks - demanding to know how the £11k will be paid. The will probably backdate interest and missed payment fees, and record adverse info on his credit files.

    (Just for reference - a friend recently made an indemnity claim on all payments on a DD going back 2 years. The funds were immediately credited back to his account without question.)
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    How can you miss £11k going out of your account ?
  • I could not possibly comment!
  • Aquamania
    Aquamania Posts: 2,112 Forumite
    Bob-1979 wrote: »
    I'm currently at a loss and am hoping for some help / advice please...

    Amount taken: nearly £11,000
    From Feb-Dec 2013
    By an ex partner via an old credit card

    We had a joint bank account and two separate credit cards with the same bank. The balances were paid off each month by direct debit from the joint account. During our break-up I requested the card back and I was given the card.
    The joint account was closed and all the direct Debits were transfered to my sole account, including his credit card (unknown to me / not realised by me)

    There was a small monthly spend on his card of about £7.50 (probably an internet subscription) When I realised I was paying this, I cancelled the DD via on-line banking in Jan/Feb time and wrote to my ex-partner explaining he will need to pay the outstanding £7.50 this month and for any future months as I have cancelled the DD. His statements were still being posted to our old house (where I remained)

    That was the last I thought about it. No more statements arrived and the DD was cancelled.

    In Nov and Dec I was overdrawn and charged a penalty by the bank. I investigated and noticed that TWO credit card payments were leaving my account. Mine and my ex partners. I contacted the bank to ask what is happening as I cancelled the DD back in Jan/Feb. I could see on the on-line screen that the DD to his card was "created Feb 2013" All other DD's were created Aug 2012 (when I opened my sole account and they were all transferred over)

    The bank say they have no record of me cancelling the DD. (I did cancel it on-line) and they would investigate.

    A month later (with some phone calls with the bank in between and allowing for the Xmas break) they cannot see that the DD was cancelled and they cannont assist me. Attempts by them to contact my ex-partner have not been sucessful. I have tried in many ways to contact my ex-partner and have been ignored. His family confirm they have passed on my messages direct to him, but he's still not contacted the bank.

    The £11k has already left my account over the 10 months. He did not have my permission or agreement that I would cover the spend AND I cancelled the Direct Debit anyway (which the bank deny)

    My ex-partner contacted the bank in Feb (He would have changed the statement address as I no longer got them since Feb and requested a new card)

    The bank say the DD was "amended" in Feb but can't tell me what happened due to the Data Protection laws. So obviously my ex did something to a DD on my account. Had I myself amended a DD, they would be able to divulge the info. As someone else changed it, they will not give me any info on the amendment.

    The case is being reviewed by another person at the bank - probably as a formality.

    I can't allow £11k to be stolen from me... but don't know what to do next.

    I'd be very grateful for any help.

    Thanks
    Rob

    Have you managed to sort this out?
  • gb12345
    gb12345 Posts: 3,055 Forumite
    I can understand you missing £7.50 a month, but are you saying that you didn't spot £11,000 being taken out from your account?

    I'm guessing they knew it was coming out, but the two of them thought that a clever way to get the money they borrowed written off would be to try telling the bank that the DD was cancelled a year ago, not realising that would leave the partner liable to repay the 11k.
  • Bob-1979 wrote: »
    I'm currently at a loss and am hoping for some help / advice please...

    Amount taken: nearly £11,000
    From Feb-Dec 2013
    By an ex partner via an old credit card

    We had a joint bank account and two separate credit cards with the same bank. The balances were paid off each month by direct debit from the joint account. During our break-up I requested the card back and I was given the card.
    The joint account was closed and all the direct Debits were transfered to my sole account, including his credit card (unknown to me / not realised by me)

    There was a small monthly spend on his card of about £7.50 (probably an internet subscription) When I realised I was paying this, I cancelled the DD via on-line banking in Jan/Feb time and wrote to my ex-partner explaining he will need to pay the outstanding £7.50 this month and for any future months as I have cancelled the DD. His statements were still being posted to our old house (where I remained)

    That was the last I thought about it. No more statements arrived and the DD was cancelled.

    In Nov and Dec I was overdrawn and charged a penalty by the bank. I investigated and noticed that TWO credit card payments were leaving my account. Mine and my ex partners. I contacted the bank to ask what is happening as I cancelled the DD back in Jan/Feb. I could see on the on-line screen that the DD to his card was "created Feb 2013" All other DD's were created Aug 2012 (when I opened my sole account and they were all transferred over)

    The bank say they have no record of me cancelling the DD. (I did cancel it on-line) and they would investigate.

    A month later (with some phone calls with the bank in between and allowing for the Xmas break) they cannot see that the DD was cancelled and they cannont assist me. Attempts by them to contact my ex-partner have not been sucessful. I have tried in many ways to contact my ex-partner and have been ignored. His family confirm they have passed on my messages direct to him, but he's still not contacted the bank.

    The £11k has already left my account over the 10 months. He did not have my permission or agreement that I would cover the spend AND I cancelled the Direct Debit anyway (which the bank deny)

    My ex-partner contacted the bank in Feb (He would have changed the statement address as I no longer got them since Feb and requested a new card)

    The bank say the DD was "amended" in Feb but can't tell me what happened due to the Data Protection laws. So obviously my ex did something to a DD on my account. Had I myself amended a DD, they would be able to divulge the info. As someone else changed it, they will not give me any info on the amendment.

    The case is being reviewed by another person at the bank - probably as a formality.

    I can't allow £11k to be stolen from me... but don't know what to do next.

    I'd be very grateful for any help.

    Thanks
    Rob


    We need more info.

    Btw why is your user name Bob but you end with the name Rob?
  • meer53 wrote: »
    How can you miss £11k going out of your account ?


    Quite easy really, I just found £12k down the back of my settee it must have fallen out of my pocket sometime without me realizing Silly me :o
    Owing on CC £00.00 :j

    It's like shooting nerds in a barrel
  • Kayalana99
    Kayalana99 Posts: 3,626 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    We need more info.

    Btw why is your user name Bob but you end with the name Rob?

    Not that it really should matter...but Bob is a common name for someone called Rob.

    My partner is called Rob and he is often referred to as Bobert by his younger sister.
    People don't know what they want until you show them.
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