apex barclaycard cca request

[reggiestar]

hi all well i have finally learned how to post a new thread so heres my partners problem, she has been paying off her debt for several months at the regular intervals to a company called risk management association (rma) then she was getting harrassing phone calls at work and on her mobile so i got involved with them and eventually rang the trading standards about the frequency of the calls, trading standards sent rma a letter about the level of calls being made and we did`nt hear anymore from them so she continued to pay her payments to them as agreed, last week she was contacted at work phone and her mobile by a new company called apex giving her a settlement figure (which we cannot afford at this moment) demanding that she pays the amount quoted £587.00

how is it that another company has took over the debt and why should she be made to pay off the debt in one lump, we are so worried as she has just had her hours of work reduced aswell.

i have requested a cca from apex and will be sending them a phone harrassment letter, i know these letters are`nt bullets so i am hoping you can offer some advice. worried and unsure

[Trilby274]

Hello and welcome to the forums. Looks as though the debt has been 'sold' on to Apex. What you have done is, I believe, the right thing but don't forget to chase it up. One of the experts will be along to help shortly I'm sure.

[saintly_1]

Thread moved to the Debt Collection Forum

[reggiestar]

any help anyone have i done the rite thing

[Trilby274]

Hi reggie. Looks as though people are a bit busy at the moment so you may have to wait longer for some help. If you haven't already done so, try to find an old thread with similar circumstances to yours (do a search on Apex). It may put you on the right road so that you can at least make a start. Sorry I can't be more helpful but I have very little experience of DCAs.

[saintly_1]

I would wait to see what response you get from the CCA request ...

 

When was the barclaycard first issued ?

[reggiestar]

saintly it was roughly seven years ago does that make a difference if its any earlier or later ?

[reggiestar]

can any body tell me what 12+2 means

[RedVixen]

They have 12 days to send the agreement the +2 is to allow for the request to actually get to them through the postal system

[reggiestar]

HI EVERYONE well just got a letter from apex requesting that we settle the account or they will pass it onto there solicitors i have sent a cca request letter but they have,nt told me they have recieved it,just the letter from them requesting payment. what is my next move i sent the cca request about a week ago.

[westendwendy]

Did you send the CCA by recorded delivery and enclose the £1.00 P.O.?

 

If you did you can track and trace the letter through Royal Mail to make sure it has been received and signed for.

 

You don't need to do anything until the 12+2 days have passed,if they haven't supplied the CCA within that time you could send them the 'Account in Dispute' letter that is in the templates thread.

[Trilby274]

They still have time to respond to your CCA request, so just sit tight until the time has expired. If they do not respond, I think the letter below is the one to send (with acknowledgement to 42man)

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[reggiestar]

thanks, sent the letter recorded delivery and tracked it it was delivered to them on the day they sent out the letter requesting payment or the solicitors become involved, what a coincidence !!! thanks for the letter template much appreciated.

[reggiestar]

hello all well its now 12+2 and we have recieved a 2nd letter from apex 6 days after the cca request was signed for by them, it say as follows.

 

 

Dear Sir / Madam,

 

your payments have fallen into ARREARS and your account is being assessed by our buisness support solicitors. enforcement proceedings may commence once the evaluation is complete.

 

methods to recover monies include

 

* Attachment of earnings

 

* Asset investigation

 

we will consider accepting a voluntary arrangement for a further seven days from the date of this correspondence.call now on the telephone number below

081 244 2796

 

yours sincerely

 

apex credit management Ltd

 

previously known as the BCW GROUP PLC.

 

can they do an attachment to earnings as i,ve already sent the cca request.

 

CAN ANYBODY HELP AS IM NEARLY OUT OF TIME FOR THE SEVEN DAYS MANY THANKS.

[PGH7447]

Reggie this the third time I have read this post, see one of the other ones for a reply

[Rayne]

Do NOT phone them, do NOT go through "security" with them. They'vre receievd the CCA request, so basically they're now up the creek without a paddle, especially if they fail to follow through with it, which is very doubtful they will.

 

Stick to your guns and once the 12+2 is up send them the aforementioned "account in dispute" letter, again via recorded.

[reggiestar]

should i send the letter above today as that is the 12+2 days up can they take property or attacment to earnings

[Rayne]

Yes to the first question, no to the second without going through the courts, which they won't do as they have currently no enforcable debt to collect on

[ODC]

should i send the letter above today as that is the 12+2 days up can they take property or attacment to earnings

The muppets are now in legal DEFAULT of your CCA request. Cease all payments and cancel any Direct Debits or Standing Orders. If they continue sending demands for payment whilst in legal default of your CCA request then make a formal complaint to them, Trading Standards and the OFT. They are holders of a Consumer Credit Licence so should be aware of the law. Under NO circumstances speak to these CRETINS on the phone.

[reggiestar]

hi all well just got a letter from apex credit manangement solicitors letter goes as follows:

 

 

"We have ben instructed by Apex Credit Management Ltd to write to you concerning your now seriously overdue account with them.

 

Unless you contact our instructing agents Apex Credit Management Ltd on 0871 244 2818 quoting the above Apex reference number within the next 72 hours with a repayment proposal, we will advise our clients to issue a claim for recovery in the county court.

 

You must note that in this event the sum for which they sue will include solicitors costs, court fees and interest which will add significantly to your debt.

 

We have been specifically requested to point out that should our clients obtain judgement against you this may be registered at both the County Court Judgements Registry and the main the credit reference agencies. This could seriously affect your ability to obtain credit in the future for up to six years.

 

Please note that we are instructed not to enter into correspondence with you on this account but to refer it back to Apex Credit Management Ltd, 11 Elm Court, Arden Street, Stratford-upon-Avon, Warwickshire, CV37 6PA."

 

 

i have sent the original cca request on the 03/012/08 then after the 12+2 days was up i sent the account in dispute letter which was tracked and recieved on the 23/12/08.

 

can the solicitors take us to court ? can they add more cost`s to the debt ? what should we do now?.

thanks in advance

[ODC]

The only thing that letter is useful for is wiping up Reindeer Pooh.

 

File it.

 

You have made your position clear. Now is the time to make a formal complaint to Apex, TS, the OFT and your MP. They are in default of your CCA request and in breach of the CPUTR2008.

[reggiestar]

thanks odc do you have a template letter or know of any one who has a template letter that i can use, thanks in advance.does anybody out there have any advice or templates to send to apex, ts, oft, or mp. thanks all happy new year

[reggiestar]

what is CPUTR2008 IS THIS A NEW LEGISLATION ? thanks

[reggiestar]

please any body out there

[ODC]

CPUTR 2008

 

This is the Consumer Protection from Unfair Trading Regulations 2008

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158567-2008-regs-csa-codes.html