Taking bank to court re credit card debt

Dafidol

Hello all. I am taking a bank to court and representing my husband. His ex-wife reported fraud, stating my husband took money from her accounts without her permission. She admitted she shared her account details with him but the bank still refunded her money and created debt for my husband. We have been fighting this for 3 years now. They provided Ombudsman with incorrect information so decision was made in favour of the bank. The Ombudsman is unwilling to re-open the case with new evidence. Is there anyone that has any experience with taking banks to court and how it works without a lawyer? I would appreciate any advice. Thank you very much.

2e0arr

so he removed money from her sole account ?

and how much are you talking about the debt owed?

you can complain about the ombudsman to the ombudsman.

I have complained about adjudicators twice I won one and lost one

Migster

Could you provide a bit more detail as it’s not clear how a debt was created for your husband?

 As this relates to a credit card, the ex presumably disputed his usage of her card and claimed it was unauthorised. In these circumstances I can see how she might have been refunded, but how does this create a debt for your husband?

etienneg

Unless you are a lawyer, I don't think you will be allowed to represent your husband. A party to proceedings can appear in person or be represented by a lawyer, but not by others.

Before proceeding, think about this very carefully. I would even suggest your husband takes legal advice first, and not rely on the random comments of forum members (however well intentioned). The problem is that a plaintiff has to prove his case. However much he himself thinks something is obviously true (such as "They provided Ombudsman with incorrect information so decision was made in favour of the bank") , a court will not do so. Are you sure he can prove this and every other fact on which he will rely by independent means - that is, not just his (or your) opinion? In the above example, even if there was some incorrect information, the court will ask if this was crucial or just peripheral - did the decision really depend on it?

More to the point, how did he take money from her accounts even if she did share her account details with him? I can't think of a way that he could have done this without himself doing something which is not allowed. I may be wrong, of course, but I suspect that somewhere along the line he did something he shouldn't have done and has justified this in his own mind (or maybe you have in your mind) in terms of the moral rights and wrongs of the entire situation as he/you see them. This is most certainly not how a court would see it! If he has done anything wrong along the way, he will lose the case.

If he loses the case, he will have to pay the bank's costs, which of course means paying for professional lawyers and could cost several thousand pounds. Consulting a solicitor before starting out on this will cost something, but nowhere near as much as you would be risking. It will give you an independent opinion on the objective merits of the case by a suitably qualified and experienced person. And it will avoid the temptation of the lay person to pursue a case "on principle" if there is little likelihood of both winning and getting paid damages. How much has your husband lost to his ex-wife?

Migster

etienneg said:

If he loses the case, he will have to pay the bank's costs, which of course means paying for professional lawyers and could cost several thousand pounds. Consulting a solicitor before starting out on this will cost something, but nowhere near as much as you would be risking.

Presumably, this would be a Small Claims case, in which case costs aren't typically recoverable.

2e0arr

Dafidol are you here ?

Tooskint

It can be that it has been a mistake when people separate as there account details can be on different paperwork.  Same thing happened to me as I had wrong details on forms and it took out of our old joint account and husband contacted bank who paid him  back.  I had to pay bank back the money but luckily my husband paid me back.  I would just move on from it as it is really horrible situation to be in and it ruining your life probably

2e0arr

Dafidol are you here ? not seen a response to anything from you ? think of psychology if the ex wife knows you are involved and putting in your two penneth may cause issues and problems and stress

born_again

OP needs to provide far more info if they want any sort of meaningful advice. Other than seek proper legal advice.

jimbo26

So your husband stole money from someone's bank account, the bank wants the money back, and you are taking the bank to court?? Sounds a bit messed up to me.

Dafidol

Hi everyone. Thank you so much for your responses. It's a complicated one. 
My husband was with his ex for 21 years. Abusive and controlling ex she was and is. She never worked. Refused to. He was a sole provider all those years. She controlled all the money. They did online banking together. My husband transferred most of his money to her savings account and her ISA account due to tax relief as she wasn't working and that is how she wanted it. When he was leaving her, they sat together and went through finances. My husband transferred his money from her savings and ISA account to pay his credit card and other bills so they can split with clean slate. He left her some money to survive until she moves back with her millionaire parents. Two days later he left. 42 days later she went to bank and reported him for fraud, stating he took money from her. She called him first to let him know she will make him suffer some more if he doesn't come back. She also admitted to the bank she shared her bank details with him but she wasn't comfortable for him to use her details this time. They told her it was negligent but still have her money back...his money. Her father called the bank stating the money was from him, loan to his daughter and he wants them back. It's a lie. There were funds sent to his daughters account but these were money given to my husband for work he did for him ...nothing in writing anywhere...this is in a nutshell..