He Used my Credit Card

[ajmum1]

Hi - I wonder if someone could advise me, me and my partner are in the middle of a horrible and bitter divorce, last year we booked to go away on holiday with are 2 children which we used my credit card (£805) ............. He is still going with the two children but I am not going, I have asked him to help pay off the credit card but he is refusing even though he is still going with the children, I dont know what to do - can i instruct a bailiff to collect money towards the CC?

From a legal stand point I can't help (but I suspect you won't be able to get the money back). Why aren't you taking the DC though? If you are paying.

I am sorry as well that you are going through. Divorce (particularly a bitter one) is tough.

Can you cancel the holiday and get a refund? I think that's the only way to get your money back, since he didn't use your card without you knowing (you actually paid for it yourself) and technically you could still go,even though I understand why you don't want to.

He didn’t use your credit card, you booked the holiday as a family and put it on your credit card, the fact that you have now separated and do not want to go does not make the credit card bill suddenly become his debt.

I can see where you are coming from,
I’m not going on the holiday = why should I pay for it,
but that doesn’t legally make it his debt, you booked the holiday and chose to put it on your CC so you are responsible for the bill.

If you don’t want to pay for it cancel the holiday, although I’m sure you’ll still have to pay/loose some kind of deposit.

Tell him if your paying your going

Unless he stole the card and used it without your knowledge I doubt you can reclaim the money from him. Can you cancel the holiday and get a refund?

If the he & children want holiday next year, he will have to pay for it
This year, you paid & it is your decision to go, so you need to pay
You could try cancelling, but you probably won't get much money back