German credit cards, gf's ex's liability in gf's name

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Setanta12

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Advice urgently required.

Here's the scenario.

My gf bought house with ex, fell out, moved out and as part of a written agreement with the solicitor the ex was to discharge the balance on a c-card built up.

My gf never changed her address and over the past three years the ex used to fax/e-mail her c-card statements to her which she promptly paid direct into his account - he was to then discharge the c-card balance.

Last week, my g-f found out that the credit-card was declined due to exceeding the balance - the balance was €20,000 !!!!

What should she do ? (She's in Ireland 5 years)
 
Correct. She never got the part of the statements detailing cumulative amounts, only the detailed purchases for the month.

Redress in Irish law ? If he didn't discharge the credit card as under their written agreement ? And whose liability re the interest on that original amount that should have been discharged.

The ex doesn't know we now know this. He may have not realised he had to do this originally, my gf certainly felt she could trust him all this time. (Please note I'm not into moral recriminations but more into how to address the € problem)
 
In the short term she owes €20k to the credit-card company, no ifs, ands or buts.

She may have some recourse against her ex later, but right now the debt is hers as presumably the credit-card company were not party to and never agreed to whatever financial arrangements were made between your girl-friend and her ex.

She needs legal help ASAP and money to pay off her debts.
 
Re: Foreign credit card, ex's liability on my partner's card

Agreed re the c-card company.

Further details have come to light. The original amount was seemingly discharged as agreed under the agreement (this will need to be verified), but it transpires that the monthly repayments ceased to be passed onwards to the credit card company. (We are getting all bank statements now and will be talking with solicitor later today).

How to recoup this money ? Is it theft or fraud ? If theft, a visit from the Guards might help ?
 
Another detail. We are fortunate to be able to pay this - this had been a 'deposit' so we're lucky/unlucky yadda.

How best do we seek redress ?
 
Re: Foreign credit card, ex's liability on my partner's card

Setanta12 said:
... How to recoup this money ? Is it theft or fraud ? If theft, a visit from the Guards might help ?
Click to expand...
Personally (not being a legal expert) I can't see where fraud or theft might arise - morally what happened seems wrong but I don't know that any laws were broken.

Presumably the ex used a card delivered to his address, with access to the security features (his signature, chip n' pin, whatever) and he had the card-holder's on-going permission to so do, as permission was never withdrawn and the card was never cancelled?.

Best scenario I see a agreement to help clear the O/S balance, worst scenario, expensive civil case to try to recover monies owed. Obviously, permission needs to be withdrawn ASAP for ex to use card and billing address changed.

Ugly, messy situation to have to deal with - i empathise.
 
Hi Mathepac,

From a long standing arrangement, the credit-card statements were sent to his address (please bear in mind they know each other about 15 years) and he opened them up, scanned the monthly itemised expenditures and forwarded K this part only omitting the cumulative balance part.

K transferred the amount directly into his account each month - but he never passed it onwards - we have mails from him seeking the amounts too, if K was a day late with her repayment. He only ever paid the minimum amount so all seemed well and good!

This is the theft part.
 
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