How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

A couple of years ago, I let my friend use my credit card

Resolved Question:

A couple of years ago, I let my friend use my credit card because she couldn't get a loan. We agreed how much she could use, £4000, and that she would pay the repayments on this. She was aware that there was interest in this, and that the more she paid, the quicker it would be paid, and there would be less interest.
One year ago we fell out, so I contacted the credit card company, Capital One, to put a stop on the card as I realised she hadn't given the card back, and that she had continued to use it. I also found out that she had only been making minimum payments. They told me that payments were continuing, so we agreed that we would leave things as they are.
Last month I was contacted to say the payment hadn't been made that month. I tried to email her, but I've received no reply. I'm aware that technically this is my debt because it is my card, but can I recover this from her?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Is she in work?

Does she have assets?

Customer: replied 1 year ago.
She is in work still, as far as I know, and I believe she owns her car and other furniture etc. She doesn't own her own home, she lives in social housing.
Expert:  Jo C. replied 1 year ago.

Has she spent the full £4k?

Customer: replied 1 year ago.
she spent it all when I initially lent her the card. She had recently moved home and needed to furnish the house. I didn't realise though, that she continued to use the car for sundry items, and holidays.
Expert:  Jo C. replied 1 year ago.

You can always sue her at the small claims court. It is a sum under £10k.

If she is in work then she will be worth suing.

Expert:  Jo C. replied 1 year ago.

It is worth sending her a letter before action first though.

It will protect you from cost and may well cause her to start repaying.

Expert:  Jo C. replied 1 year ago.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Is suing through the small claims court a lengthy process? Or expensive?
Expert:  Jo C. replied 1 year ago.

It is not expensive.

It is not particularly quick but it is a lot faster than quite a lot of other actions.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
in the meantime should I make payments to the credit card company? And do I ask for the interest payments to be included as well at court?
Expert:  Jo C. replied 1 year ago.

Yes, keep paying. You are still liable to them as normal.

Expert:  Jo C. replied 1 year ago.

You could ask for the interest if it was part of your agreement.

I'm just off for about an hour now but I will be back on then if you need to know anything else.