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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Partner won't pay back what he spent

251 replies

Covermeinrainsrops · Today 00:31

Partner got a bonus in work this week (8k) he had known about it for a few months and in the meantime he used my credit card to buy some things and told me he'd pay it off in full when he got his bonus. He has bad credit so doesn't have his own cc.

anyway the bonus has came and he won't pay back what he spent he has said he didnt use it all he bloody did and it's clear to see on the transactions he did. We got into a massive argument about this tonight and he's refusing to send me the money to pay it off.

He has a second job so brings in more money than me and when I complain about money being tight he tells me I should get a second job but how can I we have three kids who I am primary carer for he works shifts then on off days he will do this second job. I pay for 80% of the kids things he doesn't realise how fast kids grown out of shoes coats etc.
i hate asking him to pay towards anything as it turns into an argument so I will just pay ot myself. But this credit card bill has now added on at least £100 to my already tight budget to try and get it paid off quickly. I can't even go up to bed right now I am so hurt he has put me in this position.

OP posts:
CoyGoldenKoi · Today 11:14

WallaceinAnderland · Today 02:39

Yes, I agree that if OP wanted to take it to court it would come under contract law.

I don't think she can take it to small claims court as she consented to the use of her card which, as you say, breached the T&Cs.

As far as the small claims court is concerned, OP authorised the expenditure on her card so she has no redress there.

You're correct it's contract law, possibly also with an argument in equity, but that's always harder to establish.

The breach of T&Cs is only relevant as against the credit card company, not against the partner. It wouldn't affect any claim she had against him, wouldn't be in question in court. And if the partner raised it, it would be dismissed as it doesn't affect legal relations between them.

She consented to his use of her card/authorised the expenditure on that means of payment on condition that/in exchange for his promise to repay her for what he spent. So that was their contract: I will permit you to use this method of payment and short term loan you the money, in exchange for your promise that you will repay me promptly on receipt of your bonus.
She would be perfectly able, as a matter of law, to make a claim for the money, though you'd use money claim online rather than general small claims. The issue is purely a matter of evidence, where it sounds like there is insufficient evidence to demonstrate what was agreed, and what he purchased, unless she can send him messages and get him to reply and give her that evidence after the event of what was agreed at the time. IAAL.

Hammy19 · Today 11:15

Covermeinrainsrops · Today 00:37

I just cannot get over how mean he is. We have a holiday next month and he won't even give a bit extra even though he got his bonus he will just spend it all on himself

He's not mean, he's an abusive thief

TheConstellationsIDidntKnowHowToNSOUL · Today 11:15

Hes a fucking thief!!

Dancingintherain09 · Today 11:17

Covermeinrainsrops · Today 09:50

Realistically I can't leave yet...the house is in his name. Where we live rentals are like hens teeth and very expensive so I need a deposit and first month rent which I can't possible save atm. I also have no family I can stay with and housing here you first go into a hostel which I wouldn't do on my kids.

I have a problem why I allow this I was the same with my exh he paid nothing he had the mortgage in his name but I paid half the mortgage each month. Anytime qe talked about me going on the mortgage he made excuses (I wasn't on it originally as I didn't have a permanent job the after a year I was made permanent) I took out a massive loan to renovate the house and three years later he had an affair kept the house yet I was left with the load to pay off which I only finished paying two years ago. So I have issues that I need to sort why I allow myself to be treated like this.

Also contact refuge as they can help get you somewhere safe to stay

Homepage - National Domestic Abuse Helpline https://share.google/tDQ10YY5sompKs4Gy

Source: The Law Society https://share.google/z0sIFp96BICVqB0Wp

Ive also signposted legal aid so you can look into solicitors when you are ready. My daughter sued her ex as he racked up a load of bills (she was giving him the money and he was " paying them " , he left and there was over £4000 in debt in both their names for rent and council tax) she was successful and received the full amount plus court costs

Legal aid: What you can get legal aid for - GOV.UK https://share.google/oVonrmxVll5lpm6qJ

You could go after your ex for the loan money too while you are at it.

Ohjustboreoffffs · Today 11:21

Apprentice26 · Today 11:04

If he doesn’t pay the rent they all get evicted
The law is very clear on that

So if OP doesn’t transfer the rent on the Monday they will be evicted on the Tuesday? Don’t talk daft! There are laws and protections for this. Even the councils will tell renters to not move out even if they are served with an eviction notice. Eviction is so far down the path. This will allow OP to pay of the debt and hopefully save so she can move out. Hoping OP stands up to the bullies as that is what this man is.

Sassylovesbooks · Today 11:24

Realistically you can't force your partner to pay back the money. The credit card is in your name, and therefore the debt is your responsibility. Going forward, you will have no option but to pay back his debt on your credit card but now you know loud and clear where his priorities lay...with himself. He doesn't give a flying fuck about you or the children, his priority in life is himself. Never ever lend him money or allow him to use your credit card again.

His credit rating is that poor, no bank will allow him access to a credit card/loan etc. That tells you, he has the habit of running up debt and then can't pay or in your situation refuses to pay. His credit rating is poor for very good reasons and the banks not allowing him credit, is also for good reason.

As rent is high in your area and like a lot of high rent areas, finding a rental is near on impossible, you may have to play the long game. Bide your time.

Apprentice26 · Today 11:27

Ohjustboreoffffs · Today 11:21

So if OP doesn’t transfer the rent on the Monday they will be evicted on the Tuesday? Don’t talk daft! There are laws and protections for this. Even the councils will tell renters to not move out even if they are served with an eviction notice. Eviction is so far down the path. This will allow OP to pay of the debt and hopefully save so she can move out. Hoping OP stands up to the bullies as that is what this man is.

2 months missed and proceedings start,
If her name is on the tenancy she is liable for 100% of the rent not 50% and can be pursued for it. The councils create huge problems for people telling them to wait for the bailiff and then not assisting once they arrive

Marieb19 · Today 11:33

Your partner is abusive, probably an addict and has stolen from you. You are allowing this to happen. Go to Citizens Advice and work out how to leave and get financial support from both of your exes. What on earth is keeping you with this greedy, selfish abusive prick. You are the only one who can fix this.

TeethAreImportant · Today 11:40

Oh and cancel or transfer your current credit card, so you have a new number he doesn't know and won't be saved in his phones settings. Keep the new card a secret. Say you're not having any more cards as he clearly cannot be trusted to pay them off, and you're not paying his debts off for him. THEN inform him you won't be paying rent until the debt is paid off.otherwise the danger is, he spends on your card. Then follow the advice above about seeking professional help with this. He's never going to change. In fact, he will probably get worse and ruin your credit history too.

Hazzakay · Today 11:42

Covermeinrainsrops · Today 09:50

Realistically I can't leave yet...the house is in his name. Where we live rentals are like hens teeth and very expensive so I need a deposit and first month rent which I can't possible save atm. I also have no family I can stay with and housing here you first go into a hostel which I wouldn't do on my kids.

I have a problem why I allow this I was the same with my exh he paid nothing he had the mortgage in his name but I paid half the mortgage each month. Anytime qe talked about me going on the mortgage he made excuses (I wasn't on it originally as I didn't have a permanent job the after a year I was made permanent) I took out a massive loan to renovate the house and three years later he had an affair kept the house yet I was left with the load to pay off which I only finished paying two years ago. So I have issues that I need to sort why I allow myself to be treated like this.

If the rental is in his name and you pay half - I’m guessing you pay half to him? Stop! Or at least deduct what he owes you from your half of the rent. He will have to make up the gap - only fair. If he asks you to pay it, just refuse (the same way he is refusing).

Then do whatever you can to save up some money and move you and your kids out of there. Good luck

Apprentice26 · Today 11:45

Hazzakay · Today 11:42

If the rental is in his name and you pay half - I’m guessing you pay half to him? Stop! Or at least deduct what he owes you from your half of the rent. He will have to make up the gap - only fair. If he asks you to pay it, just refuse (the same way he is refusing).

Then do whatever you can to save up some money and move you and your kids out of there. Good luck

She doesnt pay her share
He refuses to pay his
She is liable for both shares - as is he - but who currently has good credit ?

Hazzakay · Today 11:45

Apprentice26 · Today 11:45

She doesnt pay her share
He refuses to pay his
She is liable for both shares - as is he - but who currently has good credit ?

If the rental is in his name, he is liable. Not OP

Apprentice26 · Today 11:49

Hazzakay · Today 11:45

If the rental is in his name, he is liable. Not OP

It cant be in just his name and she lives there with the children- hes lying. Every adult occupying has to be on the tenancy

tooloololoo · Today 12:05

I would end the relationship
pointless being with him

BridgetJonesV2 · Today 12:08

You are being way too passive here, OP and he is relying on that.

Whatever you do, do NOT let him use your credit card ever again.

MummyWillow1 · Today 12:13

Imaginary86 · Today 00:37

He’s a disrespectful twat

This.

Whattodo127845 · Today 12:14

Clearly financial abuse.

99bottlesofkombucha · Today 12:14

My next rent payment to him would be the usual rent minus the credit card amount.

Sensiblesal · Today 12:16

Reduce your share of the bills by £100 till it is paid back.

In the interim, do not lend him any more money or subsidise him.

I would make plans to end the relationship to be honest, its not a partnership, he is a selfish twat that is prepared to see you and your kids struggle whilst going back on his word.

you deserve better & the kids deserve better

Kokonimater · Today 12:18

That is so horrible of him.
i’d seriously consider how this relationship can survive this.
my heart goes out to you

Fupoffyagrasshole · Today 12:23

Stop paying rent

recoup that way and work on finding a new place

Spanglemum02 · Today 12:25

If you're paying most of the kids' expenses, he's not paying his way. Does he pay towards bills etc?

Don't let him near your credit card ever again. Look into leaving. Speak to the council about social housing.

Hollycoco · Today 12:26

he said to me 'act like a c and you'll be treated like a c'

He knows he treats you badly. He’s even brazen enough to tell you to your face that he knows he treats you badly!

The only question is whether you are willing to accept it or not.

Reachforthestars00 · Today 12:30

Tell him that 'as he has not paid money owed to you for his expenditure on your credit card, you are unable to give him any money towards the rent, and he will need to cover that with his bonus'.

If I were you, I'd then pay the monthly minimum on your credit card, and save the rest hard so that you have some funds you can use to leave him and set up your own home. Tackle the credit card debit afterwards.

Can you cancel the holiday? Losing the deposit may be cheaper than going on the holiday.

MostlyHappyMummy · Today 12:40

Stop paying rent for a property that you arent on tenancy for
cancel your credit card
use the rent money on a new house and leave
once you've done that you can address why you allow men to treat you this way