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Taking bank to court re credit card debt

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Comments

  • Dafidol
    Dafidol Posts: 35 Forumite
    Seventh Anniversary 10 Posts
    No he is a UK national...and yes they reversed the payment...thanks for all the advice guys. I really appreciate it.
  • eddddy
    eddddy Posts: 18,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 February 2020 at 6:24PM

    It's taking a while to get to the important information. It now seems that there is one key fact that everything relies on:

    • Your husband says that his ex was sitting beside him and she told him to make a payment of £5000 from her account to his credit card account.

    • But your ex says she was not sitting beside him and she did not tell him to make a payment of £5000 from her account

    To be blunt - that is the only information in the thread that is important. None of the other information is really relevant. That point alone should have been the basis of your complaint to the bank, and to the ombudsman. Everything else just clouds the issue and causes confusion. (If you presented all the other info in this thread to the ombudsman, I wonder if this key fact got lost?)

    I guess your husband could try taking his ex to the small claims court, on the basis that she made an agreement to pay him £5000 (via his credit card account), but she has now breached the terms of that agreement by taking back that £5000. But it sounds like it may be a bit of a long-shot.


  • born_again
    born_again Posts: 21,400 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    eddddy said:

    It's taking a while to get to the important information. It now seems that there is one key fact that everything relies on:

    • Your husband says that his ex was sitting beside him and she told him to make a payment of £5000 from her account to his credit card account.

    • But your ex says she was not sitting beside him and she did not tell him to make a payment of £5000 from her account

    To be blunt - that is the only information in the thread that is important. None of the other information is really relevant. That point alone should have been the basis of your complaint to the bank, and to the ombudsman. Everything else just clouds the issue and causes confusion. (If you presented all the other info in this thread to the ombudsman, I wonder if this key fact got lost?)

    I guess your husband could try taking his ex to the small claims court, on the basis that she made an agreement to pay him £5000 (via his credit card account), but she has now breached the terms of that agreement by taking back that £5000. But it sounds like it may be a bit of a long-shot.


    And all would side with the account holder. Unless there was some really hard evidence to say otherwise.
    Life in the slow lane
  • phillw
    phillw Posts: 5,666 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 13 February 2020 at 7:59PM
    Dafidol said:
    my husband did not record the transactions as he didn't expect she will do this.
    It wouldn't matter if he had recorded them. He should have settled this during the divorce and both sides should have gone through solicitors. Then the arguments would have been between independent third parties where you present evidence and they argue it out.
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