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Old 19-01-2008, 11:59 AM
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Default DCA sues 1st named on CCA what is position of 2nd applicant

when a DCA sues the 1st named on CCA agreement
what is position of 2nd applicant that signed the form.


can the second named person on the application form defend the first person in a county court ??
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Old 01-02-2008, 10:57 PM
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Oooh - don't know - surely a conflict of interests, assume the second person is also being sued secondarily if joint and several liability exists.. anyone else have any thoughts?
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Old 01-02-2008, 11:21 PM
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Where an agreement is in joint names then both named persons are jointly liable. An action against one is also deemed against the other. In the event of a judgment then it applies to both names.

I would assume that either party could defend it but I bow to better knowledge from Lefty.
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Old 28-03-2008, 12:14 AM
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can i re-phrase post one it should mean the application is in the name of person one but .... person two is the additional cardholder
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Old 28-03-2008, 12:24 AM
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ah so this is a credit card?

The principal cardholde ris deemed responsible for the account and the second cardholder is simply that, somebody with authority to use the account. They will recieve no correspondence from the card company (statements etc) as they have no active part in the account (other than spending money on it)

They are not responsible for the account so are not jointly liable.
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