Ex wife claimed PPI on credit card, only additional card holder?

ems2345

Hi,
Two weeks ago, my husband received a message out of the blue from his ex-wife (divorced over 10 years ago), stating that she had done a PPI claim a while ago and she now has a cheque with my husband’s name on it. She wanted to drop the cheque off, with my husband to transfer 50% of the money as soon as she handed the cheque over...! Hubby said no to that obviously.

He questioned her a little more on what the refund was for etc. And she claimed it was for a ‘joint egg credit card’ they had when they were married. Turns out the credit card was my husband’s and she was an additional card holder. From what I can make out online, additional card holders look like they are not financially responsible for the debt therefore would she be entitled to any % of this refund on this basis?

Also, the cheque was sent to his ex wife’s address with solely my husband’s name on the letter and cheque which she opened (this looks like an offence itself considering they have not been in contact for over 10 years) she has dragged her feet getting the cheque to him and after 2 weeks it arrived yesterday.

We are confused as to what to do about it as obviously 2k is a nice sum of money to get unexpectedly but we are torn because we feel she has done wrong by being able to claim this refund without my husband’s knowledge or permission at all. She said she claimed through a PPI reclaim company who want 24% of the refund and she has no other paperwork apart from the cheque as everything was done online and she is being evasive and not telling him the name of the company she claimed through.

The cheque was issued by Canada Square Operations and the letter says ‘following recent correspondence attached is a cheque as agreed’. I’ve read that CSO send offer letters to the customer for them to sign and return before a cheque is issued. Do you think she has fraudulently signed his name to receive the cheque and then ask him for 50%?

We really don’t know how to go forward with this as we both feel she has done so much wrong but unsure where we stand from a legal point of view? Can we cash the cheque in this circumstance whilst doing something about the ex wife’s wrongdoing and the CMC that we never signed up to? 

Hope that makes sense to someone and any advice is greatly appreciated.

Thanks.

[Deleted User]

 Tell her you will, get the cheque then tell her where to go. 

dunstonh

From what I can make out online, additional card holders look like they are not financially responsible for the debt therefore would she be entitled to any % of this refund on this basis?
Additional cardholders are not the account holder and not entiled to any of the redress.  That is why the cheque is in his name and not split 50/50 with 2 cheques.

Also, the cheque was sent to his ex wife’s address with solely my husband’s name on the letter and cheque which she opened (this looks like an offence itself considering they have not been in contact for over 10 years) she has dragged her feet getting the cheque to him and after 2 weeks it arrived yesterday.
Good chance all the correspondence from the bank  (and possibly back) was in your husbands name as well.

 She said she claimed through a PPI reclaim company who want 24% of the refund and she has no other paperwork apart from the cheque as everything was done online and she is being evasive and not telling him the name of the company she claimed through.
Your husband has no responsibility for that bill either as he did not employ the CMC. 

The bottom line is that the ex-wife is not entitled to a penny of this redress and your husband is not liable for the CMC bill as he never employed them or entered into a contract with them.     His ex-wife won't get billed either in the end (although the CMC will almost certainly try) as she hasn't received the money as the complaint response was not hers.

LABMAN

Is it not possible the ex. is due half as part of the divorce?

dunstonh

LABMAN said:

Is it not possible the ex. is due half as part of the divorce?

It is likely that the settlement was agreed to far back for it to be applied now

LABMAN

dunstonh said:

LABMAN said:

Is it not possible the ex. is due half as part of the divorce?

It is likely that the settlement was agreed to far back for it to be applied now

Likely?...so it is not impossible she is due half then? I don't think anyone should be advising definitively that she's not entitled to half.

[Deleted User]

LABMAN said:

Likely?...so it is not impossible she is due half then? I don't think anyone should be advising definitively that she's not entitled to half.

Certainly, the OP is not liable for any Claim Company fee whatever happens.  

Whether the OP's ex is entitled to anything is open to debate, but probably not by anyone on a public forum without full access to the full details of the case...

brettcta

LABMAN said:

dunstonh said:

LABMAN said:

Is it not possible the ex. is due half as part of the divorce?

It is likely that the settlement was agreed to far back for it to be applied now

Likely?...so it is not impossible she is due half then? I don't think anyone should be advising definitively that she's not entitled to half.

She may but it’s a matter for their solicitors and not just for her to [potentially] commit fraud to obtain the redress and then demand half plus to pay half of her CMC bill

ems2345

There was no financial orders put in place when they divorced, everything was amicable and they went their separate ways. They actually divorced in 2005 so it’s 15 years rather than the 10 I quoted.

-taff

What he can do is contact Canada Square Operations and tell them cheque has been sent to the wrong address as he's moved, ask them to cancel it and send another to the correct address.

The ex-wife is responsible for payments to the CC firm and there's no need to know who it is because he's not liable to pay any of the fee.

[Deleted User]

-taff said:

What he can do is contact Canada Square Operations and tell them cheque has been sent to the wrong address as he's moved, ask them to cancel it and send another to the correct address.

If you read the first post  again, it says the original cheque is already in the hands of the OP so he has no need to request another. The dilemma was whether the OP should have to pay the CMC and it was established early in  the thread that he does not have to. 

It does appear that the ex has made a fraudulent complaint by pretending to be her ex husband, but it might be better to let sleeping dogs lie on that score so as to avoid further animosity.. 

However, if the ex continues to insist  she has entitlement to some of this money then that's likely going to be a legal matter for professionals to deal with...