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friends debt on credit card in my name.. help!

59 replies

GroovyRach · 22/06/2011 09:47

Thank you for taking time to read, feel like im hitting a brick wall and need advice on what to do next..

So, around two years ago, May 2009, a very good friend of mine (who is married with a young child) confided in me that she was in alot of debt (started an affair a few years back and took out a credit card to pay for travel etc). Things were tough and i felt sorry for her. I offered to take out a credit card with zero % interest in which she could transfer her money onto and use the year interest free to pay off as much as she could. Nothing was ever put down in writing, more a verbal agreement. As we were such good friends at the time, l had no reason to belive that things would turn sour!

It was agreed that after the year interest free period was up, she would take out either a loan or credit card in her own name in which to transfer the money back. As i said, nothing was ever put down in writing. She was the one who applied for the credit card over the internet, with all my details etc. Card is fully in my name and was sent to me. Basically for the first few months, she used the card online to buy shopping etc and used the cash she would have used for these things to pay off her existing credit card debt (think it was aprox £1200). I knew this was how she was working it out, but in my opinion it went over the top and soon the card was maxed out to £2,400. I was still being sent the statements at the end of the month (i dont think she realised that).

She did start off with good intentions, a decent amount of money was being paid off to 'my' credit card each month and i was happy with this. However, a year down the line, our friendship suffered a few knock backs and we stopped talking. As the interest free period on the card was now up, i assumed it would be only a matter of time before she switched it into her own name. Another couple of months passed and the payments got less and less (and now had the added interest on it). I spoke with her a few times, over text at first to say about switching. I got a few replies but then she changed her number. We were still at the time friends on facebook so we started exchanging private messages. She said her and husband were in process of looking for new house and were planning to take out extra money on their mortgage to clear off debt (including credit card). I was happy with this, i knew it would take a few more months but it looked like things were going the right way.

However, around christmas 2010, i contacted her again asking what was the lastest. Things seem to have came to a standstill, (debt at around £1300). She said they had found a house, there was just a few issues that they were hoping to have sorted asap. Once this was done, the mortgage would be put in place and the money freed up to clear the debt. As you can imagine, this never happened.

I started to to voice my concerns, sayin that i wasent happy about all this now. It was starting to affect me (I had applied for a home improvement loan to install a new heating system in my home over christmas but was refused due to debt). I said i wanted the money out of my name. Surely if she and husband can be approved for a mortgage, they can take out a loan/credit card in own name?! I initially recieved no reply to my message but then got a really nasty one back sayin that she was no longer accepting any threats from me as to repayments. She had spoken with citizens advice who had told her that as the money is in my name its my problem (which i do accept!). Basically it would be paid back on her terms, not mine. She said she was going through more financial difficulty and so payments would be made, but at the minimum. I was told not to contact her again, she would be back intouch with me when she was a little clearer about things. This was back in Jan 2011.

So as it stands now, the debt is around £1200. She seems to be paying around £40 a month, £25 of that is interest so very little is being paid off the debt each month which is what is annoying me the most! Now i understand that people have financial strains, but i know for a fact she could pay well more than that each month! They havent moved house, still in same place as when all this started. Husband on good job, as is she.

Now i know i should be greatful that the money is being paid, even if it is very little every month. I just cant understand why she cant just transfer the money back into her own name? I would like to think that if the shoe was on the other foot, i would be making it a top priority to clear off any money owed to a friend!

So, basically im left wondering what to do next? Ive sent a few more private mails over face book in last few months but no reply. I sent another last night but she has now deleted or blocked me on fb so i can no longer go down that path. I have no email or phone number. I have one number still on my phone which i think is her home number, but couldnt be sure. I may also have her husbands number, but again as it was from years ago, i dont know if it is still his.

Right now, id be willing to take all this to a small claims court. Im not asking for compensation, i just want the debt out of my name. But obviously, im worried that i could get into major trouble because of the fact that i 'alllowed' someone else to take out a credit card in my name and then use it. I spoke with citizens advice aswell a few months back, but she was a little unsure if going ahead would be the right thing cos of the fact that i didnt just hand her over the money, but it was done through a credit card. She wanted to speak with a lawyer but never did get back to me.

So has anyone got any advice/recomendations/help! for me?! I have learned a very tough lesson from all of this and i have been very silly, i was only trying to help a good friend out. Never once did i expect it to all turn out this way!

OP posts:
GroovyRach · 22/06/2011 17:10

oh revenge would be very sweet!!!

now i just have to find the words to write a letter. legal jargon is not my stong point ha! will have a good think about it in the next few days. thank you all again

OP posts:
TheRhubarb · 22/06/2011 17:33

How about this:

Dear xxx

Unfortunately all other methods of communication between us have been closed so I have no other option than to go through official channels.

As you are aware in [date] I offered you the use of a credit card which you applied for using my details. The agreement was after one year you would transfer the balance of the card into an account of your own name. Despite my asking several times for you to do this, to date the debt is still in my name and amounts to £1200.

I have reluctantly sought legal advice over the debt as it is now affecting my own credit rating and I have been advised to print off all correspondance relating to the debt, including emails, facebook chats and so on that prove the debt was taken out on your behalf and that we had an arrangement for you to wipe the amount from my name. This evidence I can use to take the matter to the small claims court in order to settle on a monthly payment that will be enforced by law.

Obviously this action will be a last resort as it does mean that I shall have to be honest with my own family about the debt incurred in my name and I urge you to do the same with yours before any court letters arrive.

However as we used to have a friendship I don't want to cause friction in either of our families so I am asking you to open up the channels of communication once more so that we may avoid this legal action.

I have now cancelled the card and I ask you to agree to pay x amount each and every month by direct debit until the amount is cleared. If you agree to this plan of action then I shall cancel my appointment with the small claims court, however if I do not hear from you then I shall go ahead with the court action and will ask that they write to both you and your husband.

I sincerely hope that this can be avoided as I wish nothing more than for our original agreement to be honoured and for us both to carry on with our lives. I hope things are better for you now and I continue to send my very best wishes.

Sincerely

GroovyRach · 22/06/2011 17:49

wow, your very good! haha, thanks very much. i shall use and edit to accomodate :)

OP posts:
PrettyCandles · 22/06/2011 18:10

Recorded delivery!

sneezecakesmum · 22/06/2011 21:52

I really cant see why you have been told your action was illegal. If you had gone to your bank and withdrawn £2000 and given it to your friend with the verbal understanding it would be repaid, and the same situation arose, where would be the illegality? You did the same with your credit card, yes you gave her the PIN but that is also not illegal, just inadvisable. You were fully aware of her transactions so no fraud.

1.I would effectively freeze the card so she cant use it, change security etc.

2.Take out a new card with 0% balance and transfer the balance.

3.Allow her to continue to make £40 payments and then you yourself pay off the 0% card with those payments.

4.Continue to move the balance to a 0% or low rate card (card tarting!) until it is paid off. If you can afford to clear the debt yourself thats OK too.

5.If she defaults on payments you have a cast iron paper trail (original statements for purchases that she made (holidays etc-provable) the continued payments to the original card (which is in effect an acknowledgement of her debt).emails etc..on the basis of this you can take her to a small claims court. SCC are very cheap and informal.
I would not involve her DH as it smack of blackmail and would serve no purpose, except to put her back up!

I would use the steps 1-4 first and only resort to letters and small claims court as a last resort as the SCC would probably order her to pay at a rate she can affort (about £40 pcm?!)

GroovyRach · 22/06/2011 22:15

it wasent so much that i gave her the pin, she applied for the card online with all my details. from what i can remember, when the card came through, i gave it to her which she then used to buy shopping online, pay bills online etc.

i will be phoning credit card company, will request a new card to be sent out, will also change security questions etc on it so it cant be used again.

im just wondering if when i move the debt to new card and the old account is building up 'credit' so to speak (through her continued paymemts) how easy it would be for me to have this money transfered over to me?would after a few months they not wonder why there is still payments being made if there is no debt on the account?

thanks for your input :)

OP posts:
TheRhubarb · 23/06/2011 10:14

Look at it from another point of view then. YOU applied for a new credit card which you then lent to your friend. Having checked up on this I have discovered that is it not fraud to let someone use your credit card but it does go against the terms and conditions of the card so you couldn't say, for example, claim back any money they have taken out.

Therefore if you applied for the card and let your friend use it, it is not illegal nor is it fraud. It's just a breach of the contract between yourself and your bank.

In this instance, providing you have the proof in emails etc, you can take the matter to the small claims court. From now on just don't say that she applied for the card using your details - for all intents and purposes you applied for it and lent it to her.

TheRhubarb · 23/06/2011 10:17

This Police Forum on the matter should give you more insight.

sneezecakesmum · 24/06/2011 20:56

There would be no problem with letting the first credit card account build up credit. You could transfer it out or even just use the credit yourself to pay everyday items like shopping and petrol. Provided you dont go over the credit amounts in there it could save you the faffing of transferring money.

I do it all online anyway, personally, and it is very easy to juggle money this way!

As Rhubarb says it is not fraud but a breach of contract, and the card company's recourse is to make you repay the money - which you are aware of and doing anyway!

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