“Wife” illegally used my information
me and my wife have now been separated for almost 2 years and also not living together for the same time period, as i cannot afford a lawyer.
So Beginning of January I applied for credit card limit increase at the bank and the bank declined and said i was blacklisted by a school where the kids are currently getting their education.
So when i confronted my hopefully soon to be ex wife, she said that she put my details as responsible person for paying the account without me knowing,
We are married outside community of property, so she has no right to use my information as a responsible person for any account.
secondly never did I sign any documentation from the school accepting responsibility, also never did i get any communication that i was the responsible person, never did i get any communication that an account was in arrears so that i could prevent this blacklisting…
now i have been blacklisted for over R45000.00 of which i never agreed to pay, never signed any responsibility… my wife used my details without my knowing and consent, which i see as fraud.
what can i do, what should i do, I need help please.
Category: Marriage and Divorce, Getting divorce
Region: South Africa, Gauteng
1 Answer
Thank you sir.
Approaching the Maintenance Court in the area where your children resides would have been the best option for your wife to enforce from you, the payments of your children’s school fees. Be it as it may, you can only hold your wife delictually liable for the recovery of the over R450000,00 loss. Not the bank, and definitely not the school. The fact that she admits the act makes it even easier. Should you really want to pursue the matter, you have to engage your lawyer unfortunately. Fraud: yes, you can too by opening a case at the police station but then her defence would always be in the obvious “i have to pay your kids school fees“.
Amended by author 15th January 2018, 07:16
Our law, as it stands, does not give people the latitude to take laws into their own hands. The fact that she is your wife and that she utilised your credit card for the purpose of paying children’s school fees without your permission and knowledge, in my opinion cannot be sufficient enough to justify her behaviour. Thank you.