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Subpoena for Credit Card Statements

  • Phoenix8152
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11 Sep 23 #521732 by Phoenix8152
Topic started by Phoenix8152
Hi, can somebody please help with this? My husband will not disclose his John Lewis credit card statements. He says they are not available because JL changed their financial partner last October to Newday. Not only did my husband only every have paper statements but i have proved to him and his solicitor they are available from HSBC and gave him the process for obtaining them. He has also refused to submit his statements since an October 2022 (Newday, who are the new underwriters for the JL credit card). I have issued a Form D11 to Ipswich Family Court to ask for further directions from the Judge who ordered him to respond to my requests for credit card and bank statements. (He hasnt submitted bank statements for 2 banks either, saying that he closed the accounts but no evidence to substantiate). Can I subpoena HSBC to provide the credit card statements? His main bank statement shows he spent more than usual on credit cards in the 10 month period from May 2022 to March 2023 as well as taking out large cash sums from ATM’s, despite claiming that he is living with his sister until we are divorced. Any help on how to Subpoena a bank would be greatly appreciated.
Many thanks

  • WYSPECIAL
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14 Sep 23 #521748 by WYSPECIAL
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The court will be able to order him to produce them or draw their own inferences from his failure to do so, ie he still has the money he claims to have spent.

Why are they so important?

  • hadenoughnow
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18 Sep 23 #521780 by hadenoughnow
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If you can convince the judge that there's a good reason for it, you could put in an application for a third party order. If information that has been ordered to be provided has not been (ie answers to questions), you should provide a schedule of deficiencies and if there's no response or answers are still inadequate, a D11 application can be made. Do bear in mind this may be considered disproportionate if the judge doesn't think the omission would make any difference to the financial settlement.

Hadenoughnow

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