Taking bank to court re credit card debt

Dafidol

She also had access to the credit card account and joint account so she could have taken money out if she wanted to and she did once in those 42 days...

Dafidol

He is now £5000 in debt on his credit card...bad credit....and no one to help. I'm on maternity without pay. He lost his job. That's why we can't afford a lawyer. We also had to leave the country for two years due to safety as she was and still is stalking us and threatening. Police can't do anything...

eddddy

Dafidol said:

 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. 

You haven't really explained your legal basis for taking the bank to court.  You typically take people to court to claim for damages for 'breach of contract' or negligence.

In what way do you think the bank has breached a contract or been negligent, and what damages are you claiming?

If the bank is saying that your husband owes them money, the bank would take your husband to court - you don't take the bank to court. (e.g. the bank might be claiming damages from your husband because he breached an agreement/contract to pay back money he borrowed from them.)

Dafidol said:

She also had access to the credit card account and joint account so she could have taken money out if she wanted to and she did once in those 42 days...

Dafidol said:

He is now £5000 in debt on his credit card...bad credit....and no one to help. 

So is the problem that his ex spent £5000 on your husband's credit card, and the bank is telling your husband to pay it back (as per your husband's credit card agreement)?

If your husband's ex used your husband's card without his consent, you should report it as fraud to the bank.

But if, for example, your husband's ex had a supplementary card on your husband's account - that wouldn't be fraud. That's something that would need to be resolved between your husband and his ex.

[Deleted User]

He's not going to stand a chance in court. The bottom line is he took money from her account. 

It may have been morally his, but it was legally hers. He doesn't want to stand in front of a judge with the story you've given here.

HampshireH

 I cannot see how there is a case here for the banks. All I am reading is a very messy domestic situation.

If you genuinely had to flee the country due to abuse yet the police refused to act (odd if so extreme  but ok) then why would you want to take up the past and bring trouble back to your door.

Best to concentrate on your husband getting a job to pay it back and to ensure all ties are cut with the ex wife.

Dafidol

The reason why we are taking the bank to court is because we need the debt cleared out and get rid of bad credit and debt collectors threatening us. My husband refuses to pay for something that he didn't create. His credit card had £0 balance until his ex called in and stated that he stole from her. The bank and the ombudsman both state that they had right to return the money to his ex based on her accusation. But they didn't look through the account to see that the money were my husband's as he was the only provider. What they took into account is only what she said and her father said. We requested all the paperwork that they have on my husband and showed them how much he transferred to her accounts to prove it was his money he took out to clear all the outstanding balances. They created the debt based on hearsay...they also state publicly that if person reports fraud and they can prove that this person was negligent in sharing their account details, then they will not refund any money. The ex admitted to share the details and they went against their own policy and refunded her his money. ..

Dafidol

They also state that it is a civil matter ....and yet they got involved...without any investigation and hard evidence. They also state that the amount in question was returned to the original account. This specific amount originated in my husband's ISA...they are ignoring this too...

eddddy

Dafidol said:

The reason why we are taking the bank to court is because we need the debt cleared out and get rid of bad credit and debt collectors threatening us. My husband refuses to pay for something that he didn't create. His credit card had £0 balance until his ex called in and stated that he stole from her. The bank and the ombudsman both state that they had right to return the money to his ex based on her accusation. But they didn't look through the account to see that the money were my husband's as he was the only provider. What they took into account is only what she said and her father said. We requested all the paperwork that they have on my husband and showed them how much he transferred to her accounts to prove it was his money he took out to clear all the outstanding balances. They created the debt based on hearsay...they also state publicly that if person reports fraud and they can prove that this person was negligent in sharing their account details, then they will not refund any money. The ex admitted to share the details and they went against their own policy and refunded her his money. ..

Ok - so you're saying that your husband regularly paid money into his ex's bank account.

Then later, your husband took £5000 from his ex's account to pay his credit card bill (i.e. he made some kind of unauthorised transaction on his ex's account.)

In which case, the bank was right to reverse the £5000 unauthorised transaction.

If the above is correct, your only defence would be if his ex authorised or agreed to the £5000 payment being made at the time.

Or perhaps your husband and his ex had agreed that the money in the ex's account belonged jointly to both of them, so your husband wants his share back. If so, that's something that your husband and his ex have to sort out between themselves (maybe through the courts). It's nothing to do with the bank. And your husband can't make unauthorised transactions on his ex's bank account to try to get it back. 

jimbo26

This is such a mess, it will only be resolved by solicitors, and to be fair will most likely cost the £5K you are trying to recoup. You will be wasting your time going to court. Principles are not going to help him.

My advice would be to reach an agreement with the creditor to pay off the money at a rate you can afford. He needs to put this down to experience, he won't be the only bloke or women who had a bat !!!!!! crazy ex.

Dafidol

Thank you all.