CCA on mortgage arrears..........

[Jason Toulmin]

Hi,

 

Previously on this forum

I have been informed that a CCA cannot be used in the case of mortgage arrears debts, even when a DCA has taken over the account.

 

The debt is for nearly £20k and is now over four years old.

I have not yet admitted to the debt or communicated in any way with the DCA,

I have now received two letters, neither of which have been recorded delivery.

 

Should I now commence with correspondence?

Is it not applicable to send a CCA in order for me to be able to see the original signed document etc and if not what should I do next?

should I send an S.A.R - (Subject Access Request).

I just want to slow this down as much as physically possible!!

 

If I do either of the above is it possible that I may “upset” the DCA and they then demand all monies owed immediately!?!?

What I mean is, will they stop “wanting” to be amicable?

Thanks.

[Jason Toulmin]

Hi all,

[Jason Toulmin]

Does a DCA take into account your partners income when the debt is nothing to do with them?

 

 

I have shared expenses with my partner so how would I construct a monthly expenditure of my own to send to a DCA?

 

 

Would you work it out pro rata with respect to how much your partner earns to yourself and then share the expenses by the same ratio?

 

 

What I mean is, if my partner took home 50% of what I do is it assumed she then automatically pays 25% of our expenses or thereabouts, flamin heck I think I am confusing myself now!!

Thanks

[rory32]

For the purposes of a debt in your name it is your income and expenditure that you calculate not the households. So where expenses are shared you will put down how much you actually pay towards them.

 

The debt has nothing legally to do with your partner.

[Jason Toulmin]

Thank you Rory, that is very helpful. I am currently trying to construct an expenses list now and when all is taken into account it is AMAZING how much living costs outside of standard bills!!!

[diskmandave]

Just to clarify, if I may...

 

I think what Rory is trying to say is; If you have someone chasing you for a debt in your sole name and you're a contributor to a household. When filling in the IE form you should list all of your outgoings including contributions to the household. For example, all sole income, AND all outgoings including contributions to the household budget.

 

Hope i've got that right...??!

 

Regards, Dave.

 

[rory32]

Spot on Dave.

[Jason Toulmin]

Thats the bit I am finding a little difficult as we have some "joint" responsibilities. So, to try and work out sole expenditure is very difficult as we both put into the same pot, so to speak!!

[diskmandave]

Just to clarify, if I may...

 

I think what Rory is trying to say is; If you have someone chasing you for a debt in your sole name and you're a contributor to a household. When filling in the IE form you should list all of your outgoings including contributions to the household. For example, all sole income, AND all outgoings including contributions to the household budget.

 

Hope i've got that right...??!

 

Regards, Dave.

 

 

Whoops, sorry! Duplicate post! Was answering your PM Rory!

[rory32]

Then just estimate it Jason (but always remember you probably spend more than you think you do). If you can't work it out how do you think a DCA is going to?

[Jason Toulmin]

Ok, I think I am getting your point now, basically, at the end of the day, I do have a finite and measurable amount that I pay out each month. Thanks, that makes it a bit clearer in my mind actually.

[gizmo111]

If you have joint responsibilities eg mortgage etc then put on what you actually pay - if you pay 50% or 99%.

Don't forget to include emergency fund, haircuts, socialising, childcare etc

[diskmandave]

Thats the bit I am finding a little difficult as we have some "joint" responsibilities. So, to try and work out sole expenditure is very difficult as we both put into the same pot, so to speak!!

 

As the debt is in sole name... Only YOUR income/outgoings are applicable.

 

You complete the IE form with your ins/outs with your household resp's fully included in your outs. Your partner doesn't figure, period. This is a sole debt.

 

Good luck, Dave.

[Jason Toulmin]

The list is sooo long but you are right, must add everything as these are true expenses. Will put on haircuts and emergency fund also, after all s*** happens!!

[Jason Toulmin]

I was actually quite concerned about my partners income but you guys have once again made me feel better, thank you.

[Imagination75]

The list is sooo long but you are right, must add everything as these are true expenses. Will put on haircuts and emergency fund also, after all s*** happens!!

Don't forget the biggie. Your contributions towards the cost of the new mortgage with your partner and all the insurances, rates, and everything else. Plus the cost of maintenance and upkeep of a home.

 

I didn't have anything like that to add into my I and E statement, as I was renting a council flat and as far as I know will be doing so until I meet a rich widow.

 

Have a good night's sleep, and you will feel a lot better tomorrow for your next step.

 

Regards

 

Chris

[Jason Toulmin]

Thanks Chris, only concern is, do I let them know I have a mortgage!?!? They will then know that I have equity, can they force me to sell etc if they want to get nasty!! Ok, maybe I am being paranoid there BUT!!!!!

Thanks though, definately makes me feel better to know that I am actually going to do something.

 

Regards,

 

Jason

[gizmo111]

No they cannot make you sell but they could apply for a charging order after CCJ.

They will more than likely know that you have a mortgage from your credit file, and alos a search at the land registry.

As advised by someone else send an SAR and work out what the real debt is and take it from there.

[Jason Toulmin]

Yes you are correct, very naive of me not to realise I suppose! Once I have been to the citizens advice burea the first thing I am going to do is an SAR, however, can this get the DCA companies "back up" so they would be less likely to play nice!?! If I come to an agreement with the DCA will it go down as a default or negative on my current credit history as nothing shows at the moment?

[gizmo111]

I would just do the SAR - DCA's are not nice in any shape or form.

[rory32]

What you do to a DCA in my experience actually has little effect on how (un)pleasant they are. In fact the more soft you appear the more they are likely to give you a hard time as you're seen as an easy target.

[Jason Toulmin]

Yes, think I will have to if I want the full picture, then take it from there.

 

Question,

my partner took out the mortgage on where we are now as primary person and I am secondary person.

 

 

When we applied (2005, exactly 2yrs ago actually)

I gave them an old address maybe from 92.

 

The woman dealing with the mortgage said at the time,

"dont worry, they arent as bothered about you as you are only the second person on the mortgage and there is plenty of equity in the house".

 

Now, last year I foolishly went somewhere to try and get a better deal and foolishly went on as primary person,

they did some digging and got my last address but NOTHING is on my credit reports at all except that it shows on the Equifax that a debt collection company has looked,

it is listed as an "audit" and the search type is down as "not recorded".

 

My partner and I want to extend our mortgage with the company we are already with in order to clear this debt, whatever it may come to.

What should I do?

 

We are waiting for the paperwork to come through.

What would they do if they found out I had made an apllication but if they can see that why does it not show on my files??

 

We are still looking at it as her being the primary person.

Also, my reports dont show any link to the old address.

[gizmo111]

I don't understand the primary person stuff - a joint loan is just that you are both equally liable.

Who are you worried about seeing the searches - your post got a bit muddled - I would be surprised if it affected any mortgage application you amy make.

[Jason Toulmin]

When we first went on the mortgage the woman said that my partner was "first" on the mortgage, I just remember that.

I cant understand how they did not check me out and find my last address like the bank I applied with last year did!!

 

The mortgage application last year went a bit wrong cos I think I came across nervous but I am guessing!!

 

They must have done a search on my home town against D.O.B and come up with my last address and made the assumption as I denied knowledge of the address but the mortgage application was stopped and then, looking at my credit report, the DCA looked not long after.

 

I am concerned that the lender we have at the moment and who we want to borrow extra money from will look at my report and get suspicious and dig deeper, like the other company did.

If that happened then I am not sure what they would then do!

 

Sorry if this seems confusing, ironically all we want to do is borrow the money and pay off this debt, and so to end it asap. There is enough equity in the house which makes it all the more frustrating!!!

[clutchingatstraws]

They could be fishing be careful