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RBS Student OD been paying Robbersway £70PCM now Apex threatening court!


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Hi every1 I'm new to this site,

I joined after opening a letter today from some debt collecting agency called 'APEX CREDIT MANAGEMENT LTD' who claim they were formallly known as 'BCW GROUP PLC'.

They still have the same address, elm court, stratford upon avon.

 

I have had a letter saying that I have 'missed a payment' and demanding that I pay immediately or they will begin legal action. Blah blah usual stuff.

 

Checked my bank account and they (BCW) have received their £70 standing order that I pay every month.

Also, I was not made aware that they were changing to another company name etc.

and they are still demanding my money even though I've paid.

What should I do

How do I know I'm paying to the same people?

Do I need to cancel my standing order?

 

Again, I am only paying this because the Royal Bank of Scotland ripped me off with my student account with repeat bank charges and my overdraft went from -£1800 to -£3600 in the space of a few months! Talking of bank charges, a couple of questions:

 

I was naive and entered into negotiations with BCW over a year ago to pay £70 a month towards my £3600 debt (ridiculous, but I didn't know what to do, was bullied into paying or they would send someone round. Doesn't bother me but I'm now at work all day and my nan is at home by herself so paid to stop them coming round and scaring her).

 

I still owe approx £2000. Any ideas on what I can do:idea: I am wanting to enter into this reclaiming bank charges from RBS and also with my current account with Halifax. I was hoping I could reclaim some charges and tell APEX to get stuffed. And as I am not so good with legalities etc I was hoping to get one of these reclaim companies to do it for me, even if they take a percentage afterwards as I don't fancy dealing with the threatening letters and phone calls I'd rather pay someone else to do it. Can you guys suggest anyone?

 

Thanks x x x

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Firstly .......it is extremely rare for anyone to "come round"....you can stop them anyway...very easily

 

get your statements and work out your charges and have a go at them

 

my lad (also a student) got £1800 worth of charges in a 4 month period (no wonder he was acting strange and a bit depressed)

 

they are claiming £3100 but lets do the maths....they owe him 1800 + 500 interest = 2300 he owes them 1300....??? they owe him £1000 :)

 

Dont panic.....

 

do an SAR and get all your statements....

 

go get them :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Firstly have a good lok at the FAQ's......

 

then send them a letter, asking for all data that they hold on you, this is called a data subject access request. this is your right under S.7 of the Data Protectionn Act 1998.

 

they have upto 40 days to action this......

 

there should be a letter in the templates section

 

once you have all the data you can work out the charges and by how much you might be able to reduce your debt by........

 

but please read the faq's first.....it will help you not make any mistakes

 

once you have had a good read and have an idea what to do, post a few questions here and someone will pop by to help

 

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi

 

Ok I was up until 3am reading this stuff and again been on since 10am. This is v interesting, a lot to learn if your new like me, but makes complete sense i think.

 

Ok so far I have found all the letter templates, there was a great one on here for producing S.A.R - (Subject Access Request) for bank charges so I printed two off, one for Halifax and one for RBS, which I will post with cheques for £10.

 

I have also printed off a letter for 'APEX' asking for a CCA. And I think I will also write to them informing that they received a payment and still demanding one, which they got. And also thinking of cancelling any further payments until I get the situation made clear aboout exactly how much I do owe. Does that sound about right?

 

Thanks x

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Sounds reasonable.....

 

but be aware that they can still legally chase you for the debt until the 12+2 days are up............after that its your choice.

 

By asking for the CCA you are in effect putting the debt into dispute, and there are rules and guidelines that they should follow.

 

EVEN if the do produce an agreement, itmay be no good so post it here and ask for comments

 

one further point.......

 

if the agreement is unenforceable and you can walk away from it, the debt doesnt dissappear.....they just cant ask you to pay it !! you can if you wish continue to pay at a very reduced ammount...it's a personal call. Me I would get them for evry penny I could, after the hell they put me through......:)

 

 

Dave

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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hiya ok I sent the letters off yesterday via recorded delivery. Take a look at the BCW/Apex letter I sent:

 

Dear Sirs

 

Re:− Account/Reference Number xxxxxxxxxxxxx / xxxxxxx

I am writing regarding a letter you wrote to me dated 07 January 2008, claiming that my account is now in arrears as I have missed a payment. May I make you aware that I have been paying a regular sum of £70 per month, set up as a standing order from my bank account to yourselves.

 

I can confirm that a payment was made, as usual, on the 27th December 2007 to the account number I was given whilst under BCW Group PLC (HSBC account), and therefore have made NO failure to pay. I do not appreciate receiving threatening letters when I have been fulfilling my obligations as agreed.

 

May I also remind you that you had made no formal notice to me that BCW Group PLC was now in fact APEX Credit Management, or any change of bank details to which I should be paying into.

 

As a result of your actions, and in the light that I am seeking advice and assistance disputing this account, on the basis that it is for excessive bank charges, I would appreciate if you could hold any action on the above account for a period of at least 28 days.

 

Also, during this period, could you please freeze interest and/or any other charges accruing on the above account.

 

You may contact me at the above address ONLY.

 

 

Yours faithfully

 

Got home today after work and my personal mobile has been off all day. Switched it on to find an answer phone message demanding that I phone them before 8pm. I don't remember giving my telephone details to them and they have never phoned (presumably becuase they have always had some cash from me on a regular basis).

 

What should I do? I did say in the letter to contact me at my address only, should I write and say that I only want written communication? Either they are thick or just plain ignorant.

 

let me know what to do next! Am already getting worried (this isn't for the faint hearted!) but really appreciate this forum for advice and help.

 

 

Thanks x

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Also at the top of your letter put the words

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Do not sign the letter either with your normal signature or just type your name

 

:rolleyes:

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Yes I enclosed the CCA letter with the above letter, the £1 cheque and sent it recorded delivery so they couldn't say 'er we never received it....' didn't sign the letter just printed my name. been looking at an OFT document 'debt collection guidance' and on the basis of the letter I sent yesterday and the fact they telephoned me today knowing that the account in now in dispute means I can pull them up on a number of things listed.

 

Do you think I can write to them and threaten to report them if they continue to ignore my requests? It's all to do with their CCL licence apparently...

 

This is going to be fun... slightly scary but fun. I like fighting back.

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If they continue to phone write a letter saying that all further comuncations MUST be in writing, and any further attempts at ringing you at home work or your mobile will be seen as harrasment and in contravention of the 1997 harrament act.

 

Have a look at my thread http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html

 

 

there may be some good portions of letters that you can use........be prepared for a long but interesting read

 

Dave

  • Haha 1

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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wow dave on the rampage ur amazing!

 

I have a Q....

 

BCW have got a default my credit file. last year I called up and asked for it to be changed to an arrangement to pay (AP) not a big fat D. The lady was not easy to understand (I dont know where she was from, couldn't understand a word...). Checked Equifax and there is nothing on there at all, she must have cleared the default as nothing is showing on Equifax through their website. Bonus!

 

However after reading some posts I came across checkmyfile, and unfortunately on there CallCredit AND Equifax have a registered D. Any ideas i how to remove them? Is checkmyfile accurate?

 

Anyway my other question was, can I get a defualt removed if the account is in dispute with the DCA/OC?

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Hi MC

 

I've not attempted default removal myself but if the debt is mainly charges i think that may assist an argument in the default removal. As i say though, i am not experienced with this. First things first - get the S.A.R info.

 

BCW had an account of mine. Originally it was managed by Apex (same address etc) so that's interesting they're using that name again.

 

Someone else may be able to shed some light.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Thanks Hopeful1

 

I know - letter I got was 'apex, previously known as BCW' and the message on my phone today was from BCW. I may even say that BCW doesn't exist as per the letter from APEX. I will deny all knowledge! ha! and ha! again!

 

does anyone know if I can get them on 'debt collection guidance' rules from oft? who can I complain to?

 

section 2.2 ©- examples of unfair practices:

those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is

 

Also:

2.2 (g)

ignoring or disregarding debtor's legitimate wishes in respect of when and where to contact them....

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A complaint to the OFT via trading standards is a good start.

 

As hopeful1 said......lets take things easy at first

 

the plan is to get ALL the information and ammuniton first, then we can adress the other stuff........Ive still got defaults and I know it will be a thankless task trying to get them removed until I get the main issues sorted.

 

these creditors and cra's are a law unto themselves....however they havent reckoned with the power of the CAG....

 

My day will come and not too far into the future either....if things go to plan :)

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Oh, and on the answer phone message they called themselves buchanan clark & wells! I thought they were Apex now????

 

This is happening to me to. Letters asking me to phone Apex(as if) and phone messages from BCW. I know they changed the name sometime in December from reading it somewhere, but they never informed me either.

 

Shazza

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A complaint to the OFT via trading standards is a good start.

 

As hopeful1 said......lets take things easy at first

 

the plan is to get ALL the information and ammuniton first, then we can adress the other stuff........Ive still got defaults and I know it will be a thankless task trying to get them removed until I get the main issues sorted.

 

these creditors and cra's are a law unto themselves....however they havent reckoned with the power of the CAG....

 

My day will come and not too far into the future either....if things go to plan :)

 

rgds

 

Dave

 

 

Mini,

As Dave says take things one step at a time, get your ammunition together first. There will be time.

I was at my wits end 18 months ago with non-stop phone calls and letters threatening all sorts of action. I always wrote back and phoned back but it didn't get me anywhere. All they wanted was money. My local CAB told me in answering their letters point by point, I was prolonging my agony since the DCAs staff didn't know how to answer but couldn't pass to the next stage in their process as I had responded.

I then found this site and started to fight back. So far, the phone calls have stopped and every so often I get a letter from a new DCA. One bank did issue a county court claim against me but added a bank overdraft to the disputed credit card balance. I countered claimed for bank charges and they have spent nearly 12 months back tracking. I'm the one chasing them now.

Most of these DCAs are just bullies. The only way to deal with bullies is to fight back - when like all bullies they run away.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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awww you guys are great x thanks for giving me the confidence to fight back - i'm fed up of being bullied into having my money taken from me for no reason!!

 

will post back when I hear anything (no doubt BCW/Apex whatever they are called will probably call me tomorrow!)

 

xx :)

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here we go....

 

ok received 2 letters form Apex:

 

14th January 2008

 

Dear sir/madam

 

Your payments have now fallen into ARREARS and your account is being assessed by our business support solicitors. Enforcement proceedings will commence once the evaluation is complete.

 

Methods to recover money include:

attachment of earnings

asset investigation

 

We will consider accepting a voluntary arrangement for a further 7 days from the date of this correspondance. Call now on the telephone number below.

 

Apex credit management.

 

and

 

15th January 2008

 

Dear minichedda

 

I write with regard to your recent communication concerning your aformaentioned account.

 

Your account is at 'default status' due to your payment of 27th not bein allocated to your account. we are now known as Apex Credit management (duh!) and the bank details remain the same. The changes should not have effected your standing order. Please let can you check with your bank (bad use of english!) to confirm the payment has gone through OK and let me have proof of this payment being sent to us.

 

Any interest being applied to your account is applied by RBS and not Apex credit management and so your request needs to be made direct to them.

 

We are unable to 'hold' action on your account pending your claim against excessive bank charges and urge you to continue with your arrangement until such time as you claim has been considered and accepted. (I bet you do..)

 

Your request for a copy of a signed agreement, proof of debt under the Consumer Credit Act and payment of £1.00 needs to be forwarded direct to RBS as the following address:

 

RBS Group, CMS Telford, etc etc. FTAO Ms C Prizing money off people.

 

Yours sincerely

 

RBS Team supervisor.

 

This woman has awful grammer. Anyway they returned my cheque. I particularly love the way they NOW tell me they are APEX. And even better, I got a text message on my mobile today asking me to ring Buchanan Clark & Wells PLC re. my account! Well as far as I am concerned BCW don't exist anymore, so I will choose to ignore their request as they have of mine.

 

Any thoughts appreciated, what is the next step?

 

Oh and btw, I called my bank, they confirmed that the £70 was paid on Dec 27th to the account number that I have always been paying into, not my fault if thye have changed over and got it wrong. How an i supposed to send these idiots 'proof' of a standing order? I could pick that letter they sent me to shreds, they mentioned 27th but no month!

 

What do 'attachment of earnings' and 'asset investigation' mean?

 

Thanks guys

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Firstly they are a bunch of muppets

 

that said lets get down to it.

 

what sort of letter did you send them asking for your agreement ???

did you write it yourself or use a template from here?

 

1.....they are chasing the debt so you quite rightly sent the request to them. It is their responsibility to forward the request onto whoever....(s189)

 

2.....If they do not answer with your agreement within 14 working days, they can go whistle until they do. that includes adding interest and demanding payment !!!

 

dont worry about attachment of earnings.....that will only happen IF you go to court and IF you lose......

 

theres a whole range of things that have to happen first

 

could you post up the letter you sent them please so I can have a look.

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Dave

 

One of the letters is in an earlier post. The cca letter was from a template on here, letter N. It is essentially the same except I put my bank details in and didn't sign it at the bottom just typed my name.

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do you think I could send this on?

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

sorry curlyben I nicked this off you from mrkhm's post about moorcrap (I have also dealt with them, just paid off an £800 debt which I am now sorely regretting. They still haven't sent me the letter to say the account has been closed...)

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WOAAAAHHH

 

lets backpedal here a little bit.......

 

I made a stupid mistake earlier on.......been stuck with my case for too long

 

yours is to do totally with bank charges. The CCA doesnt apply

 

Have you done an SAR yet..... if not do it NOW

 

yes send curlys letter, if you havent already asked for the SAR you can do it now, by editing the letter

 

------------------------------------

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I require you to supply me with ALL data relating to me and my account including but not limited to statements, notes to the account, phone transcripts, notes regarding manual intervention or where there has been no manual intervention a declaration of such. This is my right under section 7 of the Data Protection act 1998.

 

In making this request I understand that you can charge a fee for this service, I therefore enclose the MAXIMUM statutory fee of £10.

 

you have fourty days to comply

 

As you mow realise that this debt is most definetly in dispute I'm sure that you will now cease any collection efforts until we have come to a resolution or all reasonable avenues have been exhausted.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

--------------------------

 

 

sorry about the confusion......must read more before I post :)

 

rgds

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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