Mbna

[42man]

I think a brief letter back explaining that they have not provided a legible agreement might be in order you might like to quote from this section - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/132968-looking-cca-74-quote.html -

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

2 Legibility of notices and copy documents and wording of prescribed Forms

[the_shadow]

Worried6,

 

Probably best not to reply giving them too much information, so no verbose responses citing case law yet , as 42man says, illegibility will make it difficult for them to proceed if defended right.

 

If they continue with the court route then some of the stuff from the recent Manchester rulings will help you here.

 

They have no interest in anything you actually put in the letters, its just a case of trying to wear you down, either through letters or initiating court procedures.

 

These "people" wouldnt recognize a dispute even if they were sitting in the middle of the North/South Korean DMZ

 

S.

[Worried6]

Hi Folks,

 

Thanks for the quick responses.

I'll put something simple together and stick to the illegibility point for now. I am frightened by the prospect of court proceedings and I'm afraid that I don't know what the recent Manchester Rulings are about.

I have had to deal with a few DCAs now but Apex seem quite agressive has anyone any experience of dealing with them or being taken to court by them?

 

W6

[davey77]

My only experience with Apex was one letter back in 2008. I didn't reply and they never bothered me again. After that it went to Moorcroft.

[Worried6]

Hi Again

 

I've had a reply from Apex making statements about their obligations under CCA 1974 which I'd appreciate guidance on.

I requested and received a poor quality application form which I queried this is their response:

"I would like to draw your attention to the date you entered into the agreement; 25th April 2003,denoting our obligation to fulfil your request under the CCA 1974 and not the terms prescribed in that of the amendments of the CCA 2006. Therefore under Section 78 relating to a regulated agreement for running account credit, the credit limit is not a requirement under (b) the amount, if any, currently payable under the agreement by the debtor to the creditor. AT the point of entereing into the agreement the amount payable would have been nil. You will find the rate of interest and repayment details in the T&Cs. For these reasons we refute your claim that the agreement is lacking any of the terms prescribed by the CCA 1974."

 

They go on to say they believe the agreement is legible and so they see no reason to up hold my claim.

 

I'd appreciate some information about this business of the date of the agreement and the CCA Regulations and how they are applied.

 

Thanks

W6