Thread: Apex - Please Help

Was it for an overdraft do you think? Or was it a loan? Because you can't ask for a copy of your signed Consumer Credit Agreement for an overdraft. If you believe it was for a loan then send Apex this. DO NOT SIGN THE LETTER, just print your name and send it, with a £1 postal order to Apex, recorded delivery to prove it was sent. They then have 12+2 working days to send you a copy of the Consumer Credit Agreement before the debt becomes in dispute, and without a signed Consumer Credit Agreement they debt cannot be enforced in court. When you receive your response, whatever it is, come back and get some more advice depending on what they say/do. Even if you get court papers DO NOT PANIC!!! We will help you.

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

Re:

Dear Sir,

With reference to the account above I would be grateful if you could send me a copy of the signed credit agreement.

I understand that under the Consumer Credit Act 1974 (sections 77-79); I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of the credit agreement should be received within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully,

Hi

If you have no idea what this debt is why are you paying it? and when did you start paying can you remember any of this at all?

Sorry to sound funny just need to clarify things

If there are penalty charges involved,then you can argue that you was not aware of that fact when agreeing to make repayments.
Maybe you should send a SAR to the bank who will be obliged to give you the information.
You should also inform APEX that you are disputing the alleged debts and therefore they are obliged to suspend any further recovery attempts to take payments from you.
I suggest that you inform them that pre action protocols under Civil Procedure rules,require them to give you any information you request that will assist you to defend.
Tell them you will make the Court aware of this should they instigate legal action.
If you want help with the letter then ask.
Keep everything in writing and dont deal by phone.

Good advice above....(remember despite you making some payments you can dispute a debt at any time (especially as you are now becoming more knowledgable of your rights !!) If they are saying that the account is too old, then it is tough luck on them....if they want to take you to court then they will need the paperwork and let's face it it isn't your fault if they don't keep it !!

Send this SAR to the original creditor. Unfortunately this will cost £10 (send postal orders) send this by recorded delivery and don't hand sign it...

They HAVE to send you ALL they have on you (read the letter below and you will understand what is being requested) within 40 days....if they don't do this ...then send them a reminder letter headed - letter before action - please keep us posted....

Data Protection Act 1998

Subject access request

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
10. Copies of statements for the entire duration of the credit agreement.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,


print but don't sign your name

My impressions of the fos are going down very rapidly....