CCA Request help!!

SAM147_2

Hi All

Thank you in advance to all that read this and anyone that might reply

I split up with my fiance 2.5 years ago and he moved out of our family home (we had a small baby together at that time). We had a joint bank account at this time that had an overdraft ran up on it of approx 1,000. I spoke to A & L who the account was with shortly after we split up regarding paying back of this debt and they advised that they could not speak or write to me as my ex had changed all the security information to his details. I asked if they could write to me regarding sorting some sort of agreement and they said the account was no longer registered at my address and they would not write to 2 addresses but said they would make a note on file and freeze the account so that my ex could not use the account to make withdrawals etc.

I contacted my ex regarding setting up something to pay back the debt and he was uninterested in this. The break up was very difficult and we did not remain on speaking teams.

Anyway, I heard nothing since then until 2 weeks ago when I received a letter from Apex Credit Managament to say they were working on behalf of Santander and that they would be taking legal action unless I paid 1,200 within the next 14 days. They said that I had ignored previous correspondence but I have received nothing prior to this. I sent Apex a CCA request straight away with a pound postal order and said I had not heard anything previously regarding this debt. I emailed my ex to ask if he had received any letters and he has ignored this.

Apex have written back to say they have closed my account and returned it to Santander and that out of 'the goodness of their hearts' they have asked Santander to provide me with an agreement. They returned my pound.

I am just wondering what on earth I do now - sit and wait? Will they be chasing my ex also? I can pay some money but certainly not the full 1,200 and although I know no company would be bothered the debt is joint I don't see that I should have to pay it all.

Any help greatly appreciated

pure_dead_dopey

CCA requests don't apply to overdrafts, think you would have been better to send "prove it letter",

SAM147_2

Hi, sorry am not sure what a prove it letter is? I read on another website that CCA do apply to overdrafts but everyone seems to say different things, confusing lol. Should I send a prove it letter to Santander or wait until they contact me as Apex have now closed the account?

Also don't know what to do regarding the fact it is a joint debt

hello2007

SAM147 wrote: »

Hi, sorry am not sure what a prove it letter is? I read on another website that CCA do apply to overdrafts but everyone seems to say different things, confusing lol. Should I send a prove it letter to Santander or wait until they contact me as Apex have now closed the account?

Also don't know what to do regarding the fact it is a joint debt

CCA do not apply to Bank accounts they only apply to credit cards and loans.It will be very hard say that you do not owe the overdraft if it was on your bank account.

If you do owe the money there are two options available to you pay it or hide.

pure_dead_dopey

i think your proble here is making sure that you are not liable for all of the debt. If Apex have sent it back to Santander, no doubt they will be in touch. Are you still living in what was your joint address??

SAM147_2

Hi Pure, yes I am living at the address that was the family home but my ex changed the address the account was registered to to his address so this is the first I have heard regarding this debt in 2 years

SAM147_2

I am not trying to hide from the debt, just only want to pay my share and even that I will have to do in installments

Thanks for your quick replies both of you btw x x

pure_dead_dopey

Do you know where your ex is and can you speak to him about this? Depending how your current account was set up, it may mean that they can chase whoever they can find, and you're pretty easy to find cos you are where you were iyswim for the moment I would wait and see what happens, no doubt Santander will pass it on to another DCA or two. If they are getting heavy, I would offer a token payment of £1, but only if they are getting heavy. Don't be pressurised into paying any more than you can afford and have a google at OFT guidelines on debt collections, they are really quite limited in what they can actually do.

SAM147_2

pure_dead_dopey wrote: »

Do you know where your ex is and can you speak to him about this? Depending how your current account was set up, it may mean that they can chase whoever they can find, and you're pretty easy to find cos you are where you were iyswim for the moment I would wait and see what happens, no doubt Santander will pass it on to another DCA or two. If they are getting heavy, I would offer a token payment of £1, but only if they are getting heavy. Don't be pressurised into paying any more than you can afford and have a google at OFT guidelines on debt collections, they are really quite limited in what they can actually do.

Hi, yes I know where he lives and he is still at the same place he registered the joint account to so I should think they have chased him for the past 2 years since he changed the details on the account but he has ignored them.

Unfortunately things are not amicable enough between us to discuss this, I have tried but he ignores me. Things got extremely messy after we split up and I ended up having to get the police involved a couple of times and I had to change the locks to the house and telephone number so the only contact we have had in the past couple of years has been very limited email regarding our son

SAM147_2

Is it likely that because no payments have been made on the account for over 2 years despite presumably a lot of chasing they have done with my ex that they may accept some sort of F & F settlement offer?

SAM147_2

Can anyone else help with this? x