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RBS Credit Card - enforcable?


naughtyemit
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Here's one for your credit experts to ponder for me!

 

Two years ago, my wife and I separated and then (amicably) divorced. this was all done with minimum fuss, no lawyers involved, no messy court proceedings etc. She kept the house (since sold), I got my share of the equity. she agreed to pay off my credit card, i agreed to pay off the car loan.

The problem is this, shortly before separation, we transferred the balance of her credit card( some £4500) to mine on a 0% deal. After decree nisi, she continued making the payments, as soon as the decree absolute came through, her payments stopped and she disappeared to Spain with her new bloke. As such, I was pursued by the bank who claimed they couldn't trace me ( i was still on electoral roll so doubt that one) and passed the matter to a debt collection agency in Scotland, to attempt to retain some form of credit score, I made an agreement with them and am still paying it.

 

As a verbal agreement between divorced parties can be viewed as a binding contract by the Courts ( don't forget she had made several payments on this account therefore consideration was supplied) and I have been unable to trace her, save that I know via several detective agencies that she is not in the UK. Do I have any recourse against the third party (bank) or have i to continue making these payments.

 

On a separate point, does anyone know the position on reclaiming charges on a previously held joint bank account? To my mind, if one of you can sign a cheque on the account, then surely one of you can file claim as per normal without the other one's knowledge?? (hoping)

 

I've rifled my college notes (ILEX) and lexisnexis to no avail, any ideas?

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