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    Secondary Credit Card

    Hi,
    I hope someone can give me some advise on this massive problem that I have got myself into.Over twelve months ago I seperated from my ex partner who is a secondary card holder to my Master card gold. Before and after the seperation 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 occassions 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. Surley there must be something that can be done.Anyway I have now recieved a summons from the Commonwealth Bank. I contacted them immediatly 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 excellant 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

    #2
    Legally, if you are in this Country, the bank is correct. However, you could have put a fraud alert on the card and/or removed her as a cosigner. Why didn't you when you started noticing this happen? The only proof you have right now that you stopped permission, is the correspondence to the bank. From that point before, she could say you allowed her the money, after that point, you can sue her for that amount. Get a copy of whatever she has agreed on and also make a dispute with the bank RIGHT NOW. And for heaven sake, stop the cards function. As the primary owner this you can do. Tell them you lost your card and they will issue you another number, it would have been so easy before 6.5K of damages. I hope this helps but it will cost you to get that money back. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Master Card

      Thanks for your help, this has been slowly going on for a long time and she always said that she was going to pay it back(before seperation). The card is maxed out now and no more money can be taken. I will go to the bank in the morning and ask for the application form. This card was issued about four years ago. My problem is that I am to trusting in people, I have learnt the hard way. I still cant see how she is not liable, is her card number differant than mine. Cant the bank see who used this credit and where it has gone?

      Thanks Ross

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        #4
        If you check the cards terms and conditions you most likely will see the phrase that you and she (if you are co-applicants) are "jointly and severally liable" (or something similar) for the charges. That means the card co can come after either one or both of you for the charges. Hub is right - stop the damages now by closing the card. Pay it off if you can and recover damages from your ex.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

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          #5
          Thanks for your advise, I believe that is what I will have to do.

          Ross

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