[johnstra]

Hi,
I hope someone can give me some advise on this massive problem that I have got myself into.Over twelve months ago I separated from my ex partner who is a secondary card holder to my Master card gold. Before and after the separation she continued to take money from this credit card account, mainly on gambelling. I have all of the bank statements that demonstrate these transactions. I have never used my card. The bank had contacted me and I have referred them onto her, she has told the bank on nemerous occasions that she would make payments.

This has not happened. My solicitor has dragged this whole matter of settelment on for over eight months and with no outcomes(just costs). He says that her solicitor can not get a hold of her. Surely there must be something that can be done.Anyway I have now received a summons from the Commonwealth Bank. I contacted them immediately and reminded them of what commitment that she has made to them. They say that I am the primary card holder and that I am fully responsible. Is there anything that I can do? My credit rating is excellent and I do not want this $6500.00 Debt considering that I did not spend the money. Can you help please.

PS I am considering changing solicitors, the game is over, I need outcomes.

Regards Ross

[danielnoahsmommy]

Cancel the card?

[ScottGem]

First, why haven't you cancelled this card or at least her secondary card?

Second, the card issuer is not bound by any divorce agreement you make. Since the card is yours, you have the responsibility to pay the bill. Once she signs the divorce settlement, you can sue her to recover what you had to pay.

If I were you, I would be on the phone first thing tmmw morning to cancel the card.

[johnstra]

cancel the card?

The card is maxed out, the bank have stopped credit
Ross

[ScottGem]

So? You still need to cancel the card, even though it probably is too late. But the question is why didn't you cancel it IMMEDIATELY after you learned she was still using it?

[johnstra]

The deal was that she was paying it off, my solicitor knew about this and never advised me to do so. Thanks for your help, I will be off to the bank in the morning.

Ross

[ScottGem]

You might investigagte whethere this was malpractice on the part of the solicitor. Unless the agreement was that she would pay for existing and FUTURE charges, the solicitor should have, In my opinion, advised you to close the account.

[cdad]

You might investigagte whethere this was malpractice on the part of the solicitor. Unless the agreement was that she would pay for existing and FUTURE charges, the solicitor should have, IMHO, advised you to close the account.

Mostly this is going to depend on the law of the area they live in. Where is this all taking place ?

If it were California and a divorce is filed then there are automatic mutual orders of restraint for finances and property. After separation they would be responsible to the party that makes them or changes the ownership before a court decides on it.

SO are we talking Canada, Australia or where ?

[johnstra]

We are talking Australia, I think that I will take Scottgems advice, she has beaten me with her games and I have been taken for a ride. Solicitor in my opinion is Incompetent, and I am considering lodging a formal complaint with the commissioner. I need to sight the original loan document,I will go back a step. Some land was purchased and a housing loan was taken out in both names, this is when the bank so kindly issued these credit cards, they were not requested. In relation to the loan, I have paid all of the payments from day one,I paid a large deposit and she has contributed not one cent, hardly seems fair that she wants half. My fault, too much trust, now I have a credit card problem to. There must be something withinn the law that must make her accountable for her actions. I would like to get Judge Judy on the job, she would see through her immediately.

Regards Ross