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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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Hi I am recently separated and not yet divorced. Sadly my

Resolved Question:

Hi

I am recently separated and not yet divorced. Sadly my ex wife has got credit and debt using my bank card details and kept this hidden from me for 2 years. I changed my bank account card details so the little repayments of £10-£15 a month she thought I wouldn't notice, have eventually grown and I have only just found out about one big debt this week which had the debt collectors at my door. I paid this off but confronted my ex wife to pay. She will not re pay me.
I have some concerns regarding if she has set up other credit or debts how can I find out and how can I change the debt to her name as I have been refused credit for a loan today which I feel will be down to my ex wife. I pay every debt or loan back on time and never miss payments.

I need to see if I can change the debts to her name and also confirm she hasn't scammed or set up any other debts?

Please help
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Have you reported this to the police yet?
Customer: replied 3 years ago.

Hi Jo


 


No I have not, as we are married legally I didn't think you could?

Expert:  Jo C. replied 3 years ago.
I presume the account is in your sole name?
Customer: replied 3 years ago.

Yes it is, that is the problem.

Expert:  Jo C. replied 3 years ago.
Why is that a problem?
Customer: replied 3 years ago.

Because how can I prove that she stole my card details and its her debts?

Expert:  Jo C. replied 3 years ago.

Well, I presume the purchases will be things that she would buy and not you?
You didn't spend this money?
Customer: replied 3 years ago.

Yes that is correct. The debt I paid off this week was £303 on the next catalogue and the last 3 purchases were embezzled necklace and uggs and one piece dress. So obviously nothing I would buy

Expert:  Jo C. replied 3 years ago.
Thanks.

You need to report this to the police. Married or not, she cannot commit fraud. You will be given a crime number. Obviously they may or may not be able to prove the case against her but you will still get a cirme number.

When you have the crime number, you can report that to your card providers who should accept that you are not liable in theory. In practice they probably will not. At that point you have to choose between either refusing to pay and taking the risk that they will sue or add a default to your account or paying and recovering from your wife.

If you choose the latter then she can be sued here

www.moneyclaim.gov.uk

This may also be something that can be taken into account in the divorce although I am not a family lawyer so thats not really my area.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Brilliant


Thank you


 


One more thing, do you have any suggestion of how I can check or find out if she has other debt in my name? I have changed bank details so wouldn't be paying the debts she set up. They would be adding up until debt collectors arrive like they did Monday. Is there anything else I can do to check there's no other surprises in store?

Expert:  Jo C. replied 3 years ago.
No, there isn't a way of doing that but if you make a report about this and take some action then that will establish the principle that she does this which will mean that it will be easier to sort out subsequent incidents.
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