Ex ran up debts on catalogue accounts that were in my name

natbramble

Hi everyone

Hope you're keeping well.

First time I've posted anything on here.

I wondered whether anyone can give me any help or advice...

To cut a long story short, my ex-partner ran up debts (just shy of £10k) with two catalogue accounts that were in my name. She stopped making monthly repayments for the things she'd bought as soon as we split up.

The catalogue companies have said that I am solely liable for the outstanding debts because the accounts were in my name. One debt has since been 'sold' to a debt recovery company, which is now chasing me for repayments.

The Police said that there was nothing they could do because of 'implied consent', i.e. because we lived together, I effectively gave her consent to (ab)use the accounts.

I have contacted the catalogue companies to explain everything. However, they are adamant that I am responsible for repaying the debts, even though I didn't order/ buy any of the items. In addition, I did not make/ have not made any repayments because I had not ordered/ bought anything from the catalogues.

Is my last resort to take her to the Small Claims Court ? Can you take someone to the Small Claims Court for a debt like this, which at the moment remains 'live' ? Someone has suggested that I need to pay the debt off/ arrange a repayment schedule then take her to Court for the full amount.

I'd be really grateful for any other advice, help or suggestions that anyone can give.

With thanks and best wishes

FireWyrm

natbramble wrote: »

To cut a long story short, my ex-partner ran up debts (just shy of £10k) with two catalogue accounts that were in my name.

You didnt know about this at the time?

natbramble wrote: »

She stopped making monthly repayments for the things she'd bought as soon as we split up.

OK. The debts are in your name, not hers. Legally speaking, you are entirely liable unless the account was in joint names.

natbramble wrote: »

The catalogue companies have said that I am solely liable for the outstanding debts because the accounts were in my name.

Entirely correct.

natbramble wrote: »

One debt has since been 'sold' to a debt recovery company, which is now chasing me for repayments.

As they would.

natbramble wrote: »

The Police said that there was nothing they could do because of 'implied consent', i.e. because we lived together, I effectively gave her consent to (ab)use the accounts.

No you didnt. Go back and demand that they report this as a theft/fraud and you want a crime reference number

natbramble wrote: »

I have contacted the catalogue companies to explain everything. However, they are adamant that I am responsible for repaying the debts, even though I didn't order/ buy any of the items.

You did, your name is on it. Sorry, but until and unless you get that crime reference number and this is kicked into touch as theft/fraud, they are going to pursue you.

natbramble wrote: »

In addition, I did not make/ have not made any repayments because I had not ordered/ bought anything from the catalogues.

See above.

natbramble wrote: »

Is my last resort to take her to the Small Claims Court ? Can you take someone to the Small Claims Court for a debt like this, which at the moment remains 'live' ?

No, it isnt her debt and you will fail.

natbramble wrote: »

Someone has suggested that I need to pay the debt off/ arrange a repayment schedule then take her to Court for the full amount.

You could, or you could simply report it as theft/fraud and take it from there.

Brightspark87

I completely understand this - I had the same issue. Literally my x ran up thousands in my name. I've had the same experience with the police and accounts departments. I've ended up paying them as my credit rating had been ruined enough by the point some had defaulted I wanted to ensure it did not continue to the point of CCJs etc. Mine was less than £10k however, it was more like £8k so I thought this is x % of my income I personally would pay this off to get rid of him and as much as I resent this I am using it as a 'karma' experience. I will pay these debts off (and my own) however, who knows what will happen.

natbramble

Thank you FireWyrm. I appreciate all your comments.

F: You didnt know about this at the time?
I knew she had bought some things and that she was making monthly repayments. However, it was only when we separated that I found out that she had bought many other items without my knowledge and that the debt was as large as it was. I also found a stash of statements that she had hidden.

F: No you didnt. Go back and demand that they report this as a theft/fraud and you want a crime reference number
Thank you. I will pursue this. It didn't seem right to me at the time and I queried it but the Police were insistent about their position.

Thanks again for all the other comments.

Brightspark87: Many thanks ! I'm really sorry to hear that you've been in the same situation. I've put a 'Notice of Correction' on my credit report, which I hope will limit any damage to my credit file. I know what you mean about the Karma experience though !!! Thought about that option as well. Hope you're getting on OK with it all and that everything has calmed down a bit for you...

Brightspark87

Hi Yes I tried my best, I said to police you can see I wouldn't order mens clothes etc but the x said that I ordered them to sell on!! I thought about small claims court but after spending money on seeking legal advice they said it would literally be my word against his and that it could cost me more money.

I am lucky now, I am getting married at the end of this month I am becoming debt free (massive payments made towards debt these last few months) and I truly believe that something good will come of all this. Perhaps its not easy saying goodbye to £10k, honestly that £8k would change my life, but at the end of the day its not worth you ruining your credit rating ( just these defaults have affected my job) and your life. Try your best to stay positive and remember that what goes around comes around! My friend whos x took her savings of c£3k got her come back when she sold what she thought was an just old ring of her nans when it was actually a hugely valuable ruby worth c£15k!! Amazing. these things are awful I know but really try your best but if there is nothing you can do (your case may be different to mine) then just think of it as teaching you good budget help for the future and if you can pay it off it means you can save it just as quickly.

Oh and the notice of correction - I hope it works for you but it didn't for me so I removed it.

natbramble

Thank you Brightspark !

First of all, congratulations on your news !! Hope you have a wonderful day !!

I said exactly the same sorts of things to the Police but it didn't make any difference either...

I took some legal advice (free initial consultation) but the solicitor told me, as you mentioned, that it would be my word against hers if it went to the Small Claims Court.

Some people, eh ?!

Great to hear that you're becoming debt-free as well ! Sounds like things have really turned round for you !

Seems like things came round full circle for your friend's ex who sold the valuable ring !

Thanks for your comment about the Notice of Correction by the way... Sorry to hear it didn't work for you. I'm going to leave mine on there for now....

You're right, these things seem difficult at the time but you learn valuable lessons from them.

On a positive note, I'm now with someone else, who is SO different !!!

Thanks again and wishing you all the happiness for your big day !
N