CCA help please ?

shellsy

Hi There ,

Do cca apply to loans (RBS) and overdrafts (with alliance and leicester). Both go back to 1998/1999 and are handled by DCA's . One DCA has purchased the debt from Alliance and the other I am not sure if they acting on behalf of or bought it .

My father recently passed away and I am trying to sort out the many debts; the DCA who purchased Alliance and Leics says that the debt is joint and therefore mum is liable to pay, so before I realised it could be an overdraft I verbally requested a copy of the agreement, so that we were clear what it was she was responsible for . I am waiting to hear from them .

But If CCA does not apply, is the DCA obliged to provide proof of her joint responsibilty ?

many thanks

Rafter

Suggest you call cccs or debtline to confirm but my understanding that joint debts whether overdraft or loans will transfer to the survivor in the event of a joint account.

If your mum cannot afford to service the debt then she should talk to CCCS about negotiating a repayment plan or even something more drastic such as bankruptcy.

It really depends if there are any assets or property involved.

Good luck

R.

petermb_2

shellsy wrote: »

Hi There ,

Do cca apply to loans (RBS) and overdrafts (with alliance and leicester). Both go back to 1998/1999 and are handled by DCA's . One DCA has purchased the debt from Alliance and the other I am not sure if they acting on behalf of or bought it .

My father recently passed away and I am trying to sort out the many debts; the DCA who purchased Alliance and Leics says that the debt is joint and therefore mum is liable to pay, so before I realised it could be an overdraft I verbally requested a copy of the agreement, so that we were clear what it was she was responsible for . I am waiting to hear from them .

But If CCA does not apply, is the DCA obliged to provide proof of her joint responsibilty ?

many thanks

If all loans are current I woud request copies of the agreements via section 77 of the Consumer Credit Act 1974. You will have to pay £1 for each loan but at least you should be able to see if your mother is in fact on the loans.

I would also follow Rafter's advice and contact CCCS.

~Brock~

petermb wrote: »

If all loans are current I woud request copies of the agreements via section 77 of the Consumer Credit Act 1974. You will have to pay £1 for each loan but at least you should be able to see if your mother is in fact on the loans.

I would also follow Rafter's advice and contact CCCS.

(To the OP) Hi, sorry to hear adout your Dad.

Just a quick clarification to Peters post - CCA s77 does not apply to overdrafts - the simple way to check if your mother is party to that is to see whether the bank account is/was a joint one.

fermi

shellsy wrote: »

But If CCA does not apply, is the DCA obliged to provide proof of her joint responsibilty ?

If you demand that they do, yes.

Continuing to pursue a legitimately disputed debt and not provide details to prove liability are against OFT guidelines.

Several DCA have recently had requirements on their behaviour placed on the by the OFT for not stoping collections while investigating a disputed debt.

If they won't provide proof, then complain to the OFT.

Have a read through the guidelines that the OFT provide.

Office of Fair Trading - Debt collection guidance (pdf)

For example:

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

....

h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

and

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

.....

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued