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Apex and CCA


will51
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I have a credit card debt with the Halifax of £6,400. They have passed this on to Apex. I sent Apex a CCA request on the 25th Nov, which they received and signed for on the 26th Nov. I had a call today from an Apex employee in which she stated there was no record of this letter and that in any case they do not have to supply that information. She stated that I have to request this directly from Halifax as Apex are only acting on their behalf. She also stated that the calls and letters would continue until I come to an arrangement with them.

 

I am not trying to swerve a debt, but I want to make sure that all the details and amounts are correct before coming to an arrangement. Also, I won't be happy dealing with a company who does not understand the law and whose tactics are somewhat dubious.

 

I would be grateful for any advice on how to proceed with this.

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They know the rules it is not your job to remind them, you have proof that they signed for the letter so wait for the 12+2 days deadline to pass.

 

if they phone again, just say in writing and put the phone down

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Send this....however if they are only collecting on behalf of Halifax (as opposed to having 'bought' the debt) then it might be worthwhile sending a CCA request directly to Halifax...

 

This is the usual letter to send after they go past the 12+2 days...

 

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

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Thanks for that 42man.

How can I ascertain whether they are acting on behalf of the Halifax,or have purchased the debt from them.

I was under the impression that, as they are now the company pursuing me for some sort of payment arrangement, they would be legally required to respond to my CCA request.

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Right, after yesterdays contact from Apex and their denial of responsibility over my CCA request, and my refusal to come to any arrangement until I had received and checked it, I received a letter from them today. It took the form of a telegram, it said :

Start of message

Please contact (name here) on (phone no.) ext (xxxx)

STOP

 

I have not included name or phone number as I'm not sure if it's correct to do so.

They know the situation so why are they now trying to get me to phone them? Obviously I am not going to.

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Apex are very good at things like this, you have proof that they have received the CCA letter so that's all you need just wait until the 12+2 days and them send them the letter that was posted before.

 

They are unable to "request" payments until they provide the agreement.

 

You are write in not calling them Apex are very good at having calls and not putting things onto the system so there would be no records of your call.

 

Also keep a record of all telephone calls you receieve of them as you may need to make a harrassment complaint to them, Apex are know for hounding people making lots of calls to the daily

Specialist Debt Adviser

 

Community Legal Aid 0845 345 4345 Free advice on Debt, Employment, Housing and Welfare Benefits

 

I work for Community Legal Aid and Citizens Advice

 

I am a member of the Institute for Money Advisers

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