Claiming back credit card fraud debt

MattIsherwood

Hi,

Long story short my (now ex) girlfriend used my credit card without me knowing after I asked her to save it for me and ran up £8,000 of debt without me knowing. She paid back £2,000 but then stopped paying.

Ive avoided police etc in order to give her chance to pay. I now want to pursue this legally. She signed a contract to pay me back and I have plenty of evidence so Im assuming I would have a strong case in small claims court.

Has anyone any similar experiences they could share and how they went about things?

An additional problem is that she wont tell me her address which is going to make filing the claim difficult.

Help much appreciated!!

Thanks,

Matt

grumbler

I think the SCC is the only way to go. You can use the last address you know to submit the claim, but still will face the problem with enforcing the CCJ. Police are unlikely to help as this is now a civil matter, not criminal.

MrSilk

How she run up the debt? Did you give her the PIN to the card?

MrSilk

Has the balance been paid? If not, as far as the CC company are concerned you are responsible for the debt, and it would be against T&C to give your card and pin to someone. I have a feeling you've not paid the balance off and want to chance a court claim.

To be honest, a signed letter from your ex isn't going to make a great deal of difference.

And police wouldn't have helped in the first place as no fraud has taken place.

MrSilk

Also, do you have evidence that it wasn't infact you that spent on the card and are now trying to get out of paying it back? - Just a thought

jonesMUFCforever

You had the choice of either reporting it as fraud or letting her repay.
You chose the latter - so you cannot go back to the lender now.


You also need to answer the question of how she ran up the debt - did you give her the card and PIN?

agrinnall

jonesMUFCforever wrote: »

You also need to answer the question of how she ran up the debt - did you give her the card and PIN?

I'm not sure it really matters, the OP may have broken the T&Cs of the card but he's not going to the CC issuer with this and I can't see why the SCC would care about that. Given that the ex appears to have accepted that the debt is hers I would expect the SCC to find for the OP.

jonesMUFCforever

You cannot file a claim in SCC unless you have an address for her.


I also think it is important to ascertain whether the OP knowingly gave her the card and pin (she could claim to be paying for joint expenses etc) or whether the monies were stolen from him.