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darkstardust

Need a bit of help about dual liability accounts.

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Hi all, writing this for my mum as she's too stressed to think at the moment, I hope you can help us out.

 

Some time back my mum and dad got a joint loan, she did the earning and he did the spending, she wasn't wanting the loan but was talked into it by him.

 

A few years later they seperated and she remarried.

Financialy the loan was taken over by idem servicing and the debt was just over 10k, they had both aranged to repay this equaly from June 2000.

 

Mum stopped payment as she had paid her half, then was contacted by letter in her old name asking to get in contact for the account.

She has found that her ex (dad) has not paid a penny, she has spoken to them several times about this - as she is jointly liable.

They are saying the account now stands at 4.6K

 

Sorry for my first post being so long but she's under issues with re-joining work after an operation, having been on Statuary Sick pay which has not helped, and we would like to ask for any help or advice.

 

Next week is the first opportunity to contact the CAB but I would like to ask if anyone can help?

 

With thanks

 

 

Jason

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I'll begin about explaining the principle of the joint loan that your parents have.

 

To begin with, the joint loan means that they are jointly and severally liable. This means that they are liable each of them to pay 50% – but they are each liable to pay the whole loan of if the joint partner fails to pay their share.

 

This means that the lender is correct to pursue your mother for the second half. I'm afraid to say that it was probably a mistake to stop paying when she didn't know that the rest of the commitment would be met by her ex-husband. By doing this she has incurred charges, damaged her credit file and brought a raft of problems.

 

She would have been better off paying and then proceeding against her ex-husband.

 

The situation now is that she will have to try and get the money from your dad. You will have to tell us more about his situation in order to understand how to go about it.

 

However, having said that – you need to tell us something more about the loan.

 

One important to ask is when was the loan taken out? When was the last payment made? And generally you should follow the link and fill this out

 

Also, who was the original creditor? Do you know if there is any PPI attached alone? What charges have they been levying in respect of late payments?

 

If we think that the loan is enforceable then you will have to tell us something about your dad's situation – you know where he lives? Does he own his own home? Is he employed? Do you think he has any money?

We will be asking these questions because it will be necessary to consider bringing a legal action against him in order to recover his share of the money. Would your mother be up to doing this?


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stop talking to powerless DCA's on the phone

they are NOT BAILIFFS

and have

ZERO legal powers.

 

who was the original loan with?

you say idem got ahold of this in 2000?

blimey looks like you have been cash cowed blind

 

bit more history please

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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