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Joint credit cards

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  • eskbanker
    eskbanker Posts: 37,057 Forumite
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    DullGreyGuy said:
    A secondary cardholder doesn't break the chain though either as they are still making the debtor liable to the creditor unlike an agent that sits between two of the links.
    That's not how FOS interpreted the Mr & Mrs L case cited above, where it was determined that a purchase made by Mrs L did break the chain by virtue of her being the secondary cardholder?
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
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    edited 18 December 2023 at 5:26PM
    eskbanker said:
    DullGreyGuy said:
    A secondary cardholder doesn't break the chain though either as they are still making the debtor liable to the creditor unlike an agent that sits between two of the links.
    That's not how FOS interpreted the Mr & Mrs L case cited above, where it was determined that a purchase made by Mrs L did break the chain by virtue of her being the secondary cardholder?
    It wasn't that it was a secondary cardholder card being used that broke the chain but the fact the contracting party was the secondary cardholder
  • lr1277
    lr1277 Posts: 2,137 Forumite
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    Thanks @DullGreyGuy for your sources. I don't claim to understand them or your analysis. However as @grumbler pointed out by way of MSE, this is a murky area. A particular case might only be decided by the relevant authority or a court. But cut and dried it is not.
  • eskbanker
    eskbanker Posts: 37,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    eskbanker said:
    DullGreyGuy said:
    A secondary cardholder doesn't break the chain though either as they are still making the debtor liable to the creditor unlike an agent that sits between two of the links.
    That's not how FOS interpreted the Mr & Mrs L case cited above, where it was determined that a purchase made by Mrs L did break the chain by virtue of her being the secondary cardholder?
    It wasn't that it was a secondary cardholder card being used that broke the chain but the fact the contracting party was the secondary cardholder
    Perhaps I'm being obtuse but to me "a purchase made by a secondary cardholder" and one where "the contracting party was the secondary cardholder" are one and the same to all intents and purposes?
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    eskbanker said:
    eskbanker said:
    DullGreyGuy said:
    A secondary cardholder doesn't break the chain though either as they are still making the debtor liable to the creditor unlike an agent that sits between two of the links.
    That's not how FOS interpreted the Mr & Mrs L case cited above, where it was determined that a purchase made by Mrs L did break the chain by virtue of her being the secondary cardholder?
    It wasn't that it was a secondary cardholder card being used that broke the chain but the fact the contracting party was the secondary cardholder
    Perhaps I'm being obtuse but to me "a purchase made by a secondary cardholder" and one where "the contracting party was the secondary cardholder" are one and the same to all intents and purposes?
    I'm trying to differentiate between the physical act of paying and being the contracting party; "purchasing" is a bit fluffy and potentially could be interpreted as either. Had the contract of purchase been with Mr but Mrs still used her secondary card to pay then S75 would have applied. 
  • eskbanker
    eskbanker Posts: 37,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    eskbanker said:
    eskbanker said:
    DullGreyGuy said:
    A secondary cardholder doesn't break the chain though either as they are still making the debtor liable to the creditor unlike an agent that sits between two of the links.
    That's not how FOS interpreted the Mr & Mrs L case cited above, where it was determined that a purchase made by Mrs L did break the chain by virtue of her being the secondary cardholder?
    It wasn't that it was a secondary cardholder card being used that broke the chain but the fact the contracting party was the secondary cardholder
    Perhaps I'm being obtuse but to me "a purchase made by a secondary cardholder" and one where "the contracting party was the secondary cardholder" are one and the same to all intents and purposes?
    I'm trying to differentiate between the physical act of paying and being the contracting party; "purchasing" is a bit fluffy and potentially could be interpreted as either. Had the contract of purchase been with Mr but Mrs still used her secondary card to pay then S75 would have applied. 
    OK, I can see the distinction, but the innermost quote in the above nest doesn't really reflect that nuance, i.e. a secondary cardholder doesn't break the chain if the primary cardholder is the (or at least a) contracting party, but otherwise does break the chain (despite making the debtor liable to the creditor).
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