Taking bank to court re credit card debt

phillw

Dafidol said:

...all his money...and always sitting together.

What evidence do you have that it happened like this?
What evidence do you have that he wasn't forcing her to do it against her will?
Banks now have the power and responsibility to reverse fraudulent transactions, my understanding is you would have to report the ex wife for fraud.
If she is as nasty piece of work as you have said, then she may well then remember a whole load more things that "he did" to her.

born_again

As far as FCA/FOS go you have 13 months to report fraud. So 42 days is nothing.
Were the accounts your partner viewed all her sole accounts or were there joint acc's as well. Even though she admitted she had shared the info to access the accounts. Your partner is the one who took the money. We can only take it without consent.
We also do not know if the EX complained and it was decided to refund her on the basis of the complaint.
Working in fraud we make a decision on the information we have been given by customer and any we get via our investigation. If it then goes to the complaints team, they can overturn our decision even though they agree it was the right decision. Complaints look at things in a different light.

How have the bank taken the money from your partner? Is it because they reversed the money movement he made?
Which bank are we talking about as some have agreed to refund customers no matter what.

Dafidol

Yes she stated that even though she shared her acc info before, this time she wasn't comfortable with it...it's a lie as she was sitting there agreeing to it all and they transferred it together. The amount that was transferred was roughly 8000 and my husband then paid 5000 to clear their credit card balance and bills with the rest...so they split up with clean sheet. He left her the rest of his money on her accounts. This bank states that they will only refund money if customer wasn't negligent ...

Migster

If I've understood what you’ve said, the ex agreed that your husband could use funds that were in her account to pay off a credit card that was in his name. This was part of sorting out their finances as they were separating (presumably the card was effectively a joint debt, though solely in his name). More than a month later, she then contacted her bank and claimed that the funds had been taken without authorisation, though admitting she had shared her bank details with her husband. 

 The bank accepted that the funds had been taken without authority, so acted to recover the money, thus leaving your husband stuck with the c. £5k credit card debt.

 

Assuming the above is correct, I think your husband’s claim should be against the ex rather than the bank. After all, she effectively agreed that he could have the money, but then reneged on this. That said, I’m not too sure what chance of success he would have, but I think the odds would be better than if he sues the bank, which I think will be doomed to fail.

 

Out of interest, why wasn’t this sorted as part of the divorce settlement? It’s not an area I have any real knowledge of, but I thought that part of the divorce process was a division of all the marital assets and debts.

Dafidol

Phillw, that is the problem...it's word against word...my husband did not record the transactions as he didn't expect she will do this. As soon as she found out we left the country and he is not coming back...she called to say we will suffer ...and we still do...she impersonated lawyers, employers and jeopardised our jobs ...she made fake Facebook accounts pretending to be our friend or family member to try to find us....she wrote some sick emails to me and called me to threaten us...all sorts...3 years later she is still onto us...nobody cares...no justice for victims but lots for abusers..sad

Dafidol

Yes, Migster that is what happened...another fact is that it was my husband's money, his salaries that he had to send to her accounts every month ...the credit card was in his name but she was additional card holder. She had access to the credit card account and joint account so she could easily take money back but instead she wanted my husband stranded abroad without money. Her sister works at the bank and helped her to do all this...but we can't prove it. She only told us over the phone...
We tried to sort finances out via divorce proceedings but she didn't supply her documents in time and then didn't want to cooperate...she doesn't want things closed...she wants him to suffer. I think you are right...maybe we should take her to court for everything she has done...but she has very rich parents so they can afford good lawyers...we can't afford any...I don't know what to do now..

jimbo26

Life is too short, in the grand scheme of things it isn't a huge amount of money. You are never going to get it back without a great deal of expense and grief from the ex. Try not to live in the past, move on, put it behind you, and chalk it up as a lesson learnt. You are NOT going to win this battle. Accept it's over and get on with your new life together.

2e0arr

she will be enjoying your grief. move on

Tooskint

If she was a joint account holder at that time period you have no chance.  Just make sure all his other finances split from her and spend your money getting legal agreements in place rather than wasting your time taking credit card company to court.  You will definitely lose.  I have had same thing happen to me wth ex and bank account.  Just need to put behind you and move on.  You wont win.

born_again

This does not make sense. The bank would not refund EX & charge your partner the £5K.
The only way that would happen is if they reversed the credit to his Credit card.
I take it that your partner is not a UK national? Did he come to live in the UK after meeting his EX?
The fact that she messed around with the divorce has no bearing on what happened here with the transfer of funds. Sadly your partner has left himself wide open to what has happened.
2 choices either forget it (if not living in UK, then it's not going to be easy for CC to chase the debt. Or spend a hell of a lot of money in civil courts to see if you can win. But think long and hard as losing will cost a lot more than the £5K as you could well end up paying the other parties costs.