Apex

**emmaf01** · 13th August 2008 12:37

Hi all- just had Apex on the phone threatening to send someone round to deal with a small debt.

Can anyone tell me what the law is where you can refuse to have visits? Is it the OFT who say only by mutually agreed appointment?

He got in a right strop when I wouldn't answer security questions and then proceeded to say things would have to get "serious" if I didn'y get this sorted today- so I laughed and said was he threatening to send round a big monster or something? He said no, as I wouldn't resolve this over the phone he'd send someone around in person- I told him this wasn't acceptable as anyone who wasn't the postmanor asking for directions was trespassing (I remembered this much).

Anyway, another letter to go off today then if someone can point me in the right direction?

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**42man** · 13th August 2008 13:27

Yup send them this...by recorded and do not hand sign it...

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully/sincerely

**emmaf01** · 13th August 2008 13:51

Can I scribble "copy me" instead of my signature icon

? (I've always wanted to do that, sorry)

And as the debt is for a current account with no overdraft icon

allowed which they allowed card payments to go out on, is a CCA request still appropriate?

**42man** · 13th August 2008 14:44

Unfortunately the current account is not subject to the Consumer Credit Act....the only way you can dispute this is to reclaim all your excessive charges back...

**emmaf01** · 13th August 2008 14:47

No charges, just card payments which should not have been allowed! So then they closed the account.

Does this mean I have to offer them money- argh, I'll never survive? I think I can afford a pound a month, as long as they don't come and visit.

**emmaf01** · 20th August 2008 14:59

So I sent them a combined telephone harassment, anti- doorstep trespass and CCA request, signed for by Apex on the 15/8.

They have still been ringing, leaving answer phone messages since. But today a letter arrived dated the 18/8 saying that as I hadn't bothered to contact them(!) they were sending a doorstep collector round.

So I blew my top, rang them, made them admit they had my letter, made them apologise for still ringing me, made them admit their staff were incompetent (it made me laugh) and finally say they would supply all paperwork.

I wouldn't mind but in all my (sad) years of having debt collectors icon

chase me, theirs was the first ever notice of assignment I have ever received regarding a debt. So I had thought they would be different to all the rest.

At least the phone call icon

was fun.

**emmaf01** · 29th August 2008 18:19

Apex have written saying they have requested the account paperwork from their client.

**Jesteruk** · 29th August 2008 19:05

And knowing them thats all that will happen.
Although expect in less then 7 days a letter saying roughly the following:

Once your agreement is retrieved you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase through court costs.
In an attempt to resolve this matter in an amicable way i would like to offer you a settlement figure to bring this matter to a close.

Now im still waiting for my CCA 2 months on, and what this letter is doing is trying to get you to settle either because they DONT have a cca and know it..

Good luck with them, they can be a pain in the rear!

**emmaf01** · 29th August 2008 19:14

I wouldn't mind but there won't be a CCA. I wouldn't mind d really low settlement figure though.

**Jesteruk** · 29th August 2008 19:46

well i know from ecperiance that no CCA will result in them offering you a good settlement figure,
Example of offer i recieved and refused!
Debt:£530.85
F&FS :£201.00

How they reach there figures i do not know, but it may be the price they purchased the debt for. Oh i refused that offer as i want to see them in court - sure if they knock it to £150 then i might be tempted. Its only got 7 months before its barred! LOL

**emmaf01** · 29th August 2008 20:02

If they knock this down to £20, I might be tempted.

This is not exactly a huge debt- and if they include removing the default- I'm in.

**Jesteruk** · 29th August 2008 20:09

Well once its cleared they would be obliged to remove the default! LOL

**Hopeful1** · 29th August 2008 22:12

Hi Emma

I just thought i'd drop in as i've just started dealing with Amex icon

.

It's a pain there's no charges. Have you made a repayment offer?

**emmaf01** · 29th August 2008 22:22

The problem was the account was a cashminder - so when they suddenly said it was overdrawn, I queried it- I knew I hadn't asked for an overdraft icon

.

They said it was due to card payments- I enquired why they had allowed card payments which put my account overdrawn- when overdrafts weren't allowed.

I found out that I ordered some clothes from a catalogue and paid for them immediately by card (as I didn't want to get into debt

). Some of the items weren't available and were put on order. I thought I'd paid for them.

As this wasn't my main account I thought nothing more of it. Four weeks later the items were now available and the catalogue sent them- and now charges my Co-op debit card. The account was empty because I thought I had already paid for the items- but if the account was empty, why did the Co-op allow the payments.

I repeatedly queried this activity and so the Co-op have handed this to debt collectors icon

.

I just wanted to know why they would allow payments when there was no overdraft allowed.

**Hopeful1** · 29th August 2008 22:48

Have you had a copy of the terms and conditions icon

of the account?

Did you do a formal complaint via their own procedure?

**emmaf01** · 29th August 2008 22:53

No, unfortunately I became ill- in and out of hospital for a few months. So, though my OH kept them informed of this in their repeated (sometimes daily) phone calls icon

, I couldn't do much.

By the time I was back on my feet-ish, the account was with Apex and their abusive phone calls icon

.

**emmaf01** · 16th February 2009 13:52

Well I finally got a response from Apex!

A short letter saying they cannot locate any paperwork regarding this account and returning my postal order....

Considering that the postal order is dated 30/7/08 and therefore is useless to anyone. I can't even get a refund! Bunch of *******.

So I see I'll just have to see if anyone else comes out of the woodwork about this one.

**MrMT** · 16th February 2009 15:45

Hi emma, I've got Apex sending me love letters/calls etc. Can you please explain how you got them to admit everything over the phone? I can't get any sense out of them. Good luck.

**emmaf01** · 16th February 2009 18:22

I don't think I spoke to them more than a couple of times. I found laughing at their stupid and pointless threats worked wonders. Refusing to answer security questions, asking for a CCA if appropriate and writing some pointed letters (sent recorded delivery) has dented their ardour for me!

I've had a quick look at your BC thread- is it regarding BC they are chasing and have you received a CCA from them yet?

**MrMT** · 16th February 2009 22:10

Hi emma, the problem I have is keeping them on the phone long enough to get any meaningful answers out of them. Furthest I've got is, "Did you get my letter?" to which I've had several negatives and one answered me with a question.

Yes, it's Barclays icon

(the client) for two accounts being chased by 4 DCA icon

's and two Solicitors so far. I did get one CCA reply but it was just a page of conditions with a letter stating the account is so old (pre-1985), that's all we need to supply. I wrote back telling, that just won't do!

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