Advise on court letter on debt from misused card.

asoe209

Hi All, hoping this is the right thread for this post.

Looking for some advise or to see if any one else has had this happen before.

My partner received a letter a few weeks ago stating it was from the court and they bailiffs would be sent to our home because she owed a sum of money. (about £500)

I asked her if she did owe any thing or if there was anything that she had forgotten to pay to which she said no.

Any way there was a name of a company on the court letter who was seeking the funds.

A quick search and we managed to get contact detail, so i got her to call them to find out what it was all about.

She did, however she while I was trying to listen in i was told to leave lol. Any way i could hear her giving a load of details like her pay, and her out going along with address etc.

So i asked what was all that about while she was still on the phone and she said there still looking for her file. again told to leave and let her talk.

So after the call she said the funds were from a credit card that had money spent on it back in 2014 or 2015. So of course i ask if she had spent this money and not paid it. she has told me she had not and that she had that card for emergencies.

Around that time she was living with her ex partner. she said she doesn't have the card any more and doesn't does not know where it is.

Also know letters were received about this debt as they had been getting sent to the address where she lived with her ex partner. this is why nothing was known of the debt until the court letter came.

so to me by the sounds of it some one has used her card without her knowledge.

but she has also now set up a payment plan to pay it back because she never wanted the bailiffs coming round and done that to stop it.

But i think by doing that she has excepted that the debt is hers.

Has any one had this happen with them? and what can be done?

2e0arr

avoid giving her a card from your account LOL

born_again

asoe209 wrote: »

H
But i think by doing that she has excepted that the debt is hers.

Has any one had this happen with them? and what can be done?

If it was her credit card account then it is her debt.... Only one party on a credit card is responsible for any debt.
Did she not close the account, or advise them of the change address if it was still active.

I can understand why you might think it was the EX. But is is also possible that she had recurring transactions on the account.

But she has not been honest with you on this matter.:eek:

asoe209

Lol dont give her a card from my account...

Um from my knowledge she never closed it, but also says she never took the card. Reason I put it on the ex was that he was a dodgy guy that would do that type of thing.

There is a chance of recurring transactions, theres also a chance that she did actually just spend on it and put her head in the sand hoping it would go away.

Been trying to get her to call the credit card company to at least find out what the transaction are or where this debt has come from. We are now 3 weeks in and still no call.

Silly thing to lie about if that is the case.

Ben8282

First of all, it his highly unlikely that this letter actually came from a court.
Secondly, baliffs will NOT attend your property. You have been watching too much reality TV.
The most likely scenario is that this letter was from a debt collection agency chasing the debt.
From what you heard it sounds as if she was telling her life story to these people. Why she was giving out all this personal information over the phone is a bit odd but it would appear, as you say, that she was setting up some sort of repayment plan with them, which should be the end of the matter.
As to how this situation came about, your guess is better than mine. I get the impression that she knew about this debt as you imply that she was not disputing or denying it, but instead appeared very willing to pay it.
To your knowledge, has she been having any difficulty in obtaining credit lately? If yes, this may explain it. If no, then it is all a bit odd that this account should have been defaulted yet having no apparent effect on her ability to obtain credit.
The best solution would be to check her credit files, to see what was shown there and to find out about the status of this account. Of course, if she won't cooperate, then you won't be able to do this.
My personal opinion, for what it is worth, is that she knows all about this debt but is too embarrassed to tell you or discuss it with you.

born_again

2 choices.

Sit her down and say this is not going to go away and you would like some honesty on the matter. You are not judging her past life here. Just protecting your future together. As this is going to have a effect on getting a joint mortgage etc.

Or drawing a line under itt.

Either way it is going to have a effect your relationship. If she opens up and is honest with you, great.
If she does not, then you are forever going to wonder what that next letter addressed to her is about.

chattychappy

born_again wrote: »

If it was her credit card account then it is her debt.... Only one party on a credit card is responsible for any debt.

Unless, of course, it is an unauthorised transaction. But it sounds like in this case the OP's partner "allowed" the ex to spend.

Debt collectors often send out letters that "look like" they are from the court or threaten bailiffs. Read them carefully to be sure. Genuine court documents will quote the name of a court and have a crest. They are not shouty. Large fonts especially in red text are a sign it's not a court document! Sometimes firms of bailiffs (High Court Enforcement Officers) act as traditional debt collectors. DCBL (who are on the TV) visited a client of mine yesterday. They had no court documents, just seeing if they could get the money without going to court. In this situation they have no more rights than anyone else. This was a business debt and I suppose it works sometimes because people have seen the TV and get "confused" into thinking there stuff will be taken away. I have never heard of them doing this for a CC debt.

asoe209

Thanks for the replies.

well she is adamant that she never gave permission to use the card if it was left at the property. I find it strange that someone would forget one of there cards in all honesty.

To my knowledge there is nothing on her credit file, no missed payment of the account even showing. this was with clear score but i may advise that she checks on experian as well.

as a few of you have said her past is her past which is fine. I just don't see why some one is will to just give money away to any one on the phone.

ill keep updated once she makes the call.

born_again

chattychappy wrote: »

Unless, of course, it is an unauthorised transaction. But it sounds like in this case the OP's partner "allowed" the ex to spend.

Depends on if the Ex was additional card holder.

sourcrates

First off, courts do not send letters asking for money and threatening bailiffs.
All the court does is make the judgement, it’s up to the creditor to chase the debt.
So this sounds like either a debt collection agency or a scam of some kind.
Has a CCJ been granted, does anything show on her credit file ?

What’s the address the letter came from, is it genuine ?
Most judgements come through Northampton bulk centre.

asoe209

No CCJ and nothing on the credit file to my knowledge.

Ill have to check the address later as i don't have it on me. I do remember that it was Dartford Court that the original letter was from. And that they were acting on behalf of the claimant.

It sounded dodgy from the get go, and more sore for asking all the personal details that she provided.