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Credit card debt but no card

146 replies

Cryingemoji · 01/03/2024 05:07

Hi all

Currently paying off a large credit card debt but now separated from husband.

I'm only listed as an additional card holder, so am I equally liable for the debt?

Also when we began repaying the cards we cut them up & I have no details about the account. How can I find out who owes what?

Thank you.

OP posts:
MyGooseisTotallyLoose · 03/03/2024 10:19

Noseybookworm · 03/03/2024 10:14

Don't do this. Tell him to pay the debts from his new account, they are in his name. Open your own account and then you can close the joint account asap

So even though she contributed to the debt? 'Ha I'm not paying its only in your name'? Can't think of any negative repercussions from that!

GreenFields07 · 03/03/2024 10:21

Absolutely close the joint account and cancel all the direct debits coming out of it. Change them to whoevers name will be continuing with those payments. So if the credit card is in ExH name then he needs to set up the payment from his account. Agree with PP about doing the honourable thing though. 15k is alot of debt and unfair if you ran this up together. I appreciate you dont have a job but speak with ExH about a payment plan when you do get a job, hopefully he will be amicable about that. If you divorce then a judge may rule that its joint debt and you'll be liable then anyway!

Kwasi · 03/03/2024 10:25
  1. He should be paying the debt himself. I smell a rat with him asking you to pay.
  2. If he has a spare £1000 a month to pay off debt, how did he manage to rack up £15000 in the first place?
Krazylegs21 · 03/03/2024 10:26

Be careful if he is paying you 1500 a month. He could claim to cms that it is child maintenance only and he could claim its an overpayment to wiggle out if paying you anything, you could actually end up owing him money. He should pay his named debts himself (he is liable, not you) and pays you child support only. If you want to help pay towards the debt, then do it directly to the companies from your account, but be wary of payments from him to you to pay them. This happened to me, difference was the I made the mistake of having the debts in my name. I got screwed over twice. By all means do the right thing, but be very careful you don't get screwed over by your 'well meaning' ex.

Otherstories2002 · 03/03/2024 11:09

LordEmsworth · 01/03/2024 05:11

Credit cards aren't joint. So the additional cardholder is not liable, the account holder is solely liable.

If you aren't the account holder, you won't be able to get any info about the account, except from your ex.

This is not correct. Credit card debt accumulated during the marriage would be factored into a financial agreement.

InSpainTheRain · 03/03/2024 11:38

If you are only an additional cardholder and the card/account is not in your name you are not liable. I would notify the credit card company that you no longer have the card and are no longer an additional cardholder (just in case of any confusion over liability later).

If you have debts with your husband in a joint account you need to split them and take on the debt in separate names. So if he has debts on the joint account and they are all his remove your name from the joint account by notifying the bank. If some is your debt some his you need to split the debt so you each pay it off.

In no way should he give you money to pay of his debt - he is trying to slide out of it and get you to take ownership.

fionagrace · 03/03/2024 11:52

I highly recommend following all the advice received so far.

  1. pay off the £250 debt
  2. close the joint account immediately or at least get them to remove your name.
  3. stop paying the debts. They are in his name and they will chase him for payment. If he is struggling, he can contact the company and agree a payment plan.
  4. check and ensure all other joint accounts are separated.

I say this as I’ve seen (I work in finance) people rack up debt in other peoples name and destroy their credit rating and left them liable for the debt. If you and him feel you are partly liable for the debt then he can reduce the money his gives you as maintenance to cover it. Whilst everything seems amicable now that’s not always guaranteed (especially if new partners arrive on the scene).

you need to protect yourself and your child/children. Good Lucj

BlueSkyBlueLife · 03/03/2024 11:54

Otherstories2002 · 03/03/2024 11:09

This is not correct. Credit card debt accumulated during the marriage would be factored into a financial agreement.

So that’s a good point and need to be factored in.

The CC is in his name so the debt is his. Aka he is solely responsible to ensure it is been repaid.

BUT debts, incl CC are taken into account when separating and will be seen as a 50/50 responsibility. What it means in practice is that you are both repaying the debt.
This assumes
1- your assets (incl pensions!) are worth more than the debt
2- you’ll take that into account on who is getting/paying what when doing the financial split.

The idea he is giving you money that you use to pay debt in his name is just crazy. To start with, it’s making a simple process very complicated.
But it’s also opening to door to huge potential issues as highlighted by PP.

And please don’t keep a joint account if you are separated!! It will cause no end of issues of you claim UC too.

Hairdyemistake · 03/03/2024 12:01

Cryingemoji · 01/03/2024 06:57

Thank you both.

We've now had a look together at his credit report & everything is on his account & not on mine.

So now I'm wondering if I would be better off accepting the £1000 from him towards the debts each month or claiming universal credit to live on (if I'm receiving the £1500 from him I don't qualify for universal credit) and letting him deal with the debts.

So so confusing ....

It's not confusing. It's your excessive loyalty that's conflicting you. You owe him nothing, you've split up.

You don't live solely off child maintenance to suit him. You claim UC.

There's no reason he needs you to pay £1000/month off the debts for him, you're not his admin assistant. There is also no "your share", it's solely his debt. Leave him to pay it.

Have you used a calculator to firstly see if £500/month child maintenance is reasonable? Perhaps he owes more than that? In which case take the £1500 and consider all of it to be child support.

Secondly, use a benefit calculator to see how much UC you could get. I'm not certain child maintenance payment is included in the calculations, since he could stop paying it at any time (even though that's illegal, if he stops paying you'll have no money to live much less be able to take him to court).

Hairdyemistake · 03/03/2024 12:08

And please don’t keep a joint account if you are separated!! It will cause no end of issues of you claim UC too.

Oh yes, this! Open an account in your sole name and have your wages paid in there. That's normal and right for both of you to do.

Then close the joint account. Talk to the bank about that in the first instance, not him. He won't want you to close the account if there's a direct debit for the credit card attached, because he'll realise then that you're not going to pay the credit card debt.

He's being oh so "friendly" and "helpful" at the moment because he's trying to control you financially (these things he wants - giving you random money then trying to tell you you can only spend it on his debt and still holding a joint account, will work towards preventing you getting UC).

I'd accept any money he gives you and say nothing, because once he realises he can't control you any more he's likely to turn nasty and it could be the last money you see until the divorce and financial settlement is finalised.

I'd put in a claim for child support straight away too, not rely on his goodwill to pay it. You don't want to feel as if you have to behave in certain ways or risk him not paying.

Noseybookworm · 03/03/2024 12:11

MyGooseisTotallyLoose · 03/03/2024 10:19

So even though she contributed to the debt? 'Ha I'm not paying its only in your name'? Can't think of any negative repercussions from that!

OP can transfer him monthly to pay her share of the debt. I'm not saying she shouldn't contribute - but why is he expecting her to keep the joint account and be the one responsible for paying it? The card is in his name, he should take responsibility for the payments.

askmenow · 03/03/2024 12:14

Mountainclimber50 · 01/03/2024 07:17

Check your credit file any debts in your name will show up there.

READ the OP....she has done!

Hairdyemistake · 03/03/2024 12:24

15k is alot of debt and unfair if you ran this up together. I appreciate you dont have a job but speak with ExH about a payment plan when you do get a job, hopefully he will be amicable about that. If you divorce then a judge may rule that its joint debt and you'll be liable then anyway!

Credit card debt accumulated during the marriage would be factored into a financial agreement.

And with OP being so skint she has o claim UC, dealing with the debt as part of the financial settlement is the best thing for her to do. Not depriving herself in the here and now of money she needs to live on, in order to pay a debt that's not in her name and that she won't be chased for by debt collection.

OP, get your name removed as an additional account/card holder. Do it yourself don't expect your ex to do it for you. If you have the name of the company you can Google for a phone number/call them for an address to write to. Then tell them verbally and in writing that they need to remove you as a second card holder because you no longer have/want a card. They can use your name and address the account is registered at to search their database and find the correct account. Although they may not give you any account details I suppose in case you're a fraudster. Removing your name shouldn't be fraud though because it doesn't fundamentally alter anything. The main account holder is still on it and he's the one liable for meeting payments.

cbbo · 03/03/2024 12:34

So if the majority of the debt is in 'his name' why does he want to pay you £1000 a month for the debt?
Surely you need to work out what you owe him and he then pays off his debt.
Not sure why he seems to be making you more responsible

Cryingemoji · 03/03/2024 12:34

Just wanted to say thanks for all the advice. I'm working my way through it all ..

OP posts:
Hairdyemistake · 03/03/2024 12:36

Noseybookworm · 03/03/2024 12:11

OP can transfer him monthly to pay her share of the debt. I'm not saying she shouldn't contribute - but why is he expecting her to keep the joint account and be the one responsible for paying it? The card is in his name, he should take responsibility for the payments.

OP should not do this because it's not in her or her DC best interests. What is, is maximizing her income to give herself and her DC the best quality of life she can. If it's deemed at the financial settlement stage to be half OP's debt, it's better for her to receive £7.5k less of his pension pot than to skint herself further now by paying towards this debt.

CleaningAngel · 03/03/2024 16:27

TooManyCheesecakeCalories · 01/03/2024 07:30

Why isn’t he just paying it himself?
Would payments from you towards the debt over several months look like you have responsibility or something?
Tell him to pay you the mainland for him to make the cc payments himself.

I thought same why does he have to give OP £1000 a month to pay it off, he could have direct debit straight from.his account to cc company, seems to be moving money unessasarily and making it complicated, he just needs to give her the 500 child support

Ohnobackagain · 03/03/2024 19:02

@Cryingemoji get new accounts for yourself. What you could both do if you are both intending to pay off the debt is retain the joint account and continue to pay the credit card from there, half each. Or you could set up a payment from your new account direct to the card for however many months’ instalments it would take you to pay your half. Can’t remember if you said the account is closed down but if it isn’t and he carries on spending you could at least prove what you paid.

HollyKnight · 03/03/2024 23:57

It sounds like he wants to do it this way because he is scared of being left to pay off your joint spending himself.

MouseMama · 04/03/2024 03:54

In your situation I’d worry it looks like your debt or a joint debt if you’re the one paying it down each month. Presumably it is a marital debt if you spent the money together but given he’s earning much more just let it be figured out as part of the divorce settlement and ignore it for now as it’s in his name.

I’d close the joint bank account and cancel being an additional card holder too in order to achieve a financial separation.

LT1982 · 04/03/2024 06:07

Cryingemoji · 01/03/2024 07:37

Thanks for the replies it is a bit confusing, I'm confused too, trust me.

He's talking about me keeping our joint account & continuing to pay the debts from it because that's where they currently go out from.

He's already got himself a new account for his wages to go into.

I'd get yourself a separate account for any wages/benefits/child maintenance. He can either pay debts from his own new account or put the money in the joint account to pay them. Seems to me he is trying to make them look like joint debts to work to his advantage further down the line

fishingoutofthewater · 04/03/2024 06:46

Cryingemoji · 01/03/2024 05:07

Hi all

Currently paying off a large credit card debt but now separated from husband.

I'm only listed as an additional card holder, so am I equally liable for the debt?

Also when we began repaying the cards we cut them up & I have no details about the account. How can I find out who owes what?

Thank you.

Hello,

Divorcé of a nasty financial situation here who has helped others go through this.

He may seem reasonable now but it does change very quickly once they have someone new to impress and he wants to play Johnny big balls with her and sadly it happens a lot.

I know a woman who's husband got a £650 thousand pound pay out with work days before she found out that he was having an affair. In two years of messing her around with the finances, it was gone, he had a load of credit card debt and the only asset was their house which she then was told she would need to sell to give him his half!

Reasonable situations get nasty fast and often the wife calling out the changed or poor behaviour is painted as jealous. It's rough so while it is relatively calm get an overview of the financial picture and make an agreement and have it ratified by the court.

Financial splits work by adding up what each party has in assets and what each party has in debts and then working out how to split that number in two, you then negotiate how the assets are split. Debts accumulated during the marriage are part of this discussion.

You have a child to protect in this so however reasonable ex is claiming to be, you need this in writing and only discuss and agree financial agreements in writing. Even if it is a text after you talk to him saying "Hiya, just want to make sure that I understand correctly is this what we agreed today?" You don't want any situation where he could claim that you have agreed something different because once the money is gone, it costs tens of thousands to clear up.

Close the joint account. Debts that are his go into his name.

Take the child maintenance less the debt repayment which is an entirely reasonable plan. If he kicks off about it, you know that he was planning something to make his life easier that would have a negative impact on yours and your child's financial future.

I would strongly suggest using you free half an hour advice from a solicitor rather than asking Mumsnet.

I would look up the "form e" and try to fill your side in and get an idea of what his finances are like as this will inform the financial split between you and will help the solicitor with their advice.

I would also get a copy of bank statements, credit card statements, pensions, life insurance, bills etc etc so you have a view of the martial financial behaviour before the split as this will inform what your spousal and child maintenance should be. Also if you can download Martin Lewis' budget planner and fill in the costs for you and your child/ren for the year, that will help.

It is a lot of admin and in my experience it all falls to the wife and mother to prove what the child is entitled to but the more you do and the quicker you get it done, the less chance there is of him accumulating further debt or blowing through your savings.

When you have your meeting with the solicitor, explain your financial situation and see what she predicts the costs would be. Also ask what in their experience is a reasonable split of your finances.

Finally, I'm very sorry that you are going through this. Emotionally this is incredibly rough and being expected to do admin and cope with your loss and you child's loss is ridiculous but I do promise that once the finances are set in stone, it does generally get calmer. Good luck.

Beautiful3 · 04/03/2024 06:49

No, he needs to give them his new bank detail, to pay off. You should close down the shared account. Any money he sends you needs to be to your own private account. Otherwise when he stops paying it, the bills and bailiffs come to your address.

SauronsArsehole · 04/03/2024 07:38

Op today you need to go to any bank and open yourself up a brand new current account and a savings account. Check banks website before you go as to the ID needed to open them.

pay off your credit card. Remove any additional card holders on your account. Don’t close this card yet but also don’t use it.

put in a claim for UC with the new bank account details and that’s where it will be paid. Your ex does not have access to this.

work out on the CMS calculator how much child maintenance he should pay. If you can do a parental agreement do so. If it doesn’t sit right with you go through them for a claim. Your ex can pay maintenance into the savings account with either option. So there is proof you are receiving it and to keep it separate from any other money.

I too smell a rat but I can’t put my finger one what.
Is he just trying to not pay? Hiding his income by not wanting you to claim CMS hence the big money offer? Was the credit card debt actually spent on things you’ve seen or was he withdrawing cash and depositing it in a secret savings account knowing you were separating?

either way immediately separating finances should be a priority.

Cryingemoji · 04/03/2024 07:45

Thank you for the replies.

@SauronsArsehole something isn't sitting right with me either.

@Beautiful3 how do I go about getting the account shut down as we are unfortunately using the overdraft and it's all I have left to live on.

Thank you @fishingoutofthewater I am worried that things could turn nasty pretty quick. As he simply doesn't have enough money to pay debts & bills & afford his new place.

OP posts: