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Apex Credit Management - Ugent Advice Needed!

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Hi there! I’ve been reading these forums for ages but this is the first time I’ve had to ask for help! I’ll try to keep the story as brief as possible:

 

  • In July 2007, after finally tiring of Lloyds TSB mucking up my account, I moved to HSBC. There was an overdraft outstanding on the Lloyds account of £2150 and some charges waiting to be applied which took the balance up to around £2400 (I know charges are a separate issue, I’ve got a claim for £6000 on hold!).
  • I phoned Lloyds and agreed with them that I would set up a standing order for £100 per month to the account until the balance had been cleared. They advised that this was fine however the interest would account for £40 of the payment so, effectively, I’d only be paying off £60 per month. (I now know I should have asked for the interest to be suspended)
  • This £100 left my account every month without exception
  • Last Saturday (29 Nov) I received a phone call from Apex Credit Management advising that they had been handed the balance for recovery. I explained that I had an agreement with Lloyds and told them, in no uncertain terms, that whilst this agreement was in place I would not be making payments to anyone else. The guy from Apex told me he would write to me to explain what would happen next.
  • No letter arrived however I did receive a further 3 messages on my answerphone telling me it was “imperative” I call them immediately. I then received a letter telling me to call them within 36 hours or further action would be taken.
  • Last Wednesday (3rd Dec) I called them back and informed them that I was still waiting for their letter, they denied ever having said they would send me a letter. I said I wanted to speak to Lloyds and did not expect them to take any further action until I had done so. They said they would place a hold on the account to give me chance to do so.
  • It transpires that 6 months ago Lloyds closed the account, therefore the money still left my HSBC account but was diverted into a joint account I share with my wife with Lloyds TSB, therefore effectively they had received no payments towards the debt, despite the fact that it was their own stupid fault for closing the account!
  • Monday (8th Dec) another answerphone message from Apex.
  • I spoke to Apex yesterday and explained the situation and that I would be happy to continue the £100 to them. They said this was unacceptable and that they required the full amount (£2,200) paying in full, now. I said this was not possible and, furthermore, I shouldn’t have to pay anything to them as Lloyds had breached the agreement, not me. Apex informed me they would not get involved with a dispute between myself and Lloyds, this was showing as a default on MY credit file therefore it was MY default. I told them there was no way I could pay £2,200, I just didn’t have the cash. Apex said they would call to speak to Lloyds TSB, after a minute or two they came back to say that they would accept 35% off the amount, taking the balance to £1480 providing I could pay it straight away. I said I couldn’t so they asked me to pay a “holding payment” equivalent to 20% of the total amount (£440). I said I couldn’t afford this either but paid £50 (plus a £2 processing fee) which, they said, would allow them to hold the figure of £1480 (minus the £50) until Thursday (tomorrow!).

So I now have to find £1430 by 2pm tomorrow – or do I? This is causing me untold amounts of stress, I haven’t slept all night and I can’t concentrate on anything else. I’ve read a lot on here this morning but would appreciate your advice, any advice, on what I should do next. Should I just pay it? If I stall will I then have to pay up the full amount? Obviously I need advice quick as the deadline is tomorrow!

 

Many, many thanks!

 

P.S. Can anyone tell me how long the default will stay on my credit file?

 

P.P.S! – I can only post on here between 12 and 2 (bloomin’ websense!) but I can still read the answers at any time so please don’t think I’m ignoring you!

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Before you pay anything you need their offer in writing or they will come back for more. CRA files stay for 6 years but when you ask for the letter of their offer you should also ask what will be entered on your CRA file and that should be in the letter they send you. Suggest you phone them up and tell them your legal advisor has advised that all communication on this matter should be in writing and you will pay up when the offer is in writing. I guarantee they will sell on the debt if you don't get it in writing.

Edited by twofoot

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Hi and welcome, please see below for some ideas on the way forward

 

Hi there! I’ve been reading these forums for ages but this is the first time I’ve had to ask for help! I’ll try to keep the story as brief as possible:

 

  • In July 2007, after finally tiring of Lloyds TSB mucking up my account, I moved to HSBC. There was an overdraft outstanding on the Lloyds account of £2150 and some charges waiting to be applied which took the balance up to around £2400 (I know charges are a separate issue, I’ve got a claim for £6000 on hold!).
  • I phoned Lloyds and agreed with them that I would set up a standing order for £100 per month to the account until the balance had been cleared. They advised that this was fine however the interest would account for £40 of the payment so, effectively, I’d only be paying off £60 per month. (I now know I should have asked for the interest to be suspended)
  • This £100 left my account every month without exception
  • Last Saturday (29 Nov) I received a phone call from Apex Credit Management advising that they had been handed the balance for recovery. Did you get any letter about this from Lloyds I explained that I had an agreement with Lloyds and told them, in no uncertain terms, that whilst this agreement was in place I would not be making payments to anyone else. The guy from Apex told me he would write to me to explain what would happen next.
  • No letter arrived however I did receive a further 3 messages on my answerphone telling me it was “imperative” I call them immediately. I then received a letter telling me to call them within 36 hours or further action would be taken. no suprise there then, never phone always write that way they cant tell porky pies
  • Last Wednesday (3rd Dec) I called them back and informed them that I was still waiting for their letter, they denied ever having said they would send me a letter. I said I wanted to speak to Lloyds and did not expect them to take any further action until I had done so. They said they would place a hold on the account to give me chance to do so.
  • It transpires that 6 months ago Lloyds closed the account, therefore the money still left my HSBC account but was diverted into a joint account I share with my wife with Lloyds TSB, therefore effectively they had received no payments towards the debt, despite the fact that it was their own stupid fault for closing the account!
  • Monday (8th Dec) another answerphone message from Apex.
  • I spoke to Apex yesterday and explained the situation and that I would be happy to continue the £100 to them. They said this was unacceptable and that they required the full amount (£2,200) paying in full, now. I said this was not possible and, furthermore, I shouldn’t have to pay anything to them as Lloyds had breached the agreement, not me. Apex informed me they would not get involved with a dispute between myself and Lloyds, this was showing as a default on MY credit file therefore it was MY default. I told them there was no way I could pay £2,200, I just didn’t have the cash. Apex said they would call to speak to Lloyds TSB, after a minute or two they came back to say that they would accept 35% off the amount, taking the balance to £1480 providing I could pay it straight away. I said I couldn’t so they asked me to pay a “holding payment” equivalent to 20% of the total amount (£440). I said I couldn’t afford this either but paid £50 (plus a £2 processing fee) which, they said, would allow them to hold the figure of £1480 (minus the £50) until Thursday (tomorrow!).

So I now have to find £1430 by 2pm tomorrow – or do I? NO YOU DONT This is causing me untold amounts of stress, I haven’t slept all night and I can’t concentrate on anything else. I’ve read a lot on here this morning but would appreciate your advice, any advice, on what I should do next. Should I just pay it? If I stall will I then have to pay up the full amount? Obviously I need advice quick as the deadline is tomorrow!

 

Many, many thanks!

 

P.S. Can anyone tell me how long the default will stay on my credit file? 6 Years

 

P.P.S! – I can only post on here between 12 and 2 (bloomin’ websense!) but I can still read the answers at any time so please don’t think I’m ignoring you!

 

Send Lloyds a SAR request for all statements for this account, this will let you see what you have paid and what charges etc they have applied, you can then if charges are applied reclaim them back.

 

send APEX an account in dispute letter

 

use the following

 

 

Subject Access Request - Consumer Wiki

 

costs £10 (you can claim this back with any unlawful charges) send it recorded to LLoyds

 

Send a brief letter to APEX stating that due to their inability to provide a statement of account the account is now in dispute until LLoyds honour the SAR made by yourself, and that no further payments will be made towards this account until then


PGH7447

 

 

Getting There Slowly

---------

 

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

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Hi and welcome, please see below for some ideas on the way forward

 

 

 

Send Lloyds a Subject Access Request request for all statements for this account, this will let you see what you have paid and what charges etc they have applied, you can then if charges are applied reclaim them back.

 

send APEX an account in dispute letter

 

use the following

 

 

Subject Access Request - Consumer Wiki

 

costs £10 (you can claim this back with any unlawful charges) send it recorded to LLoyds

 

Send a brief letter to APEX stating that due to their inability to provide a statement of account the account is now in dispute until LLoyds honour the Subject Access Request made by yourself, and that no further payments will be made towards this account until then

 

Thanks! Just to confirm then (sorry if I'm being a bit slow!)

 

1. Send the Subject Access Request to Lloyds

2. Advise Apex that the account is in dispute and no further payments will be made until this has been resolved.

 

Is it also worth putting in the letter to Apex that I require their offer in writing and that all further correspondance should be in writing?

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Correct on all points:D


PGH7447

 

 

Getting There Slowly

---------

 

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

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Cheers! You guys are ace, I'll let you know how I get on

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Apex are an absolute nightmare.

 

I pay £30 standing order with them to clear my Natwest overdraft (about £1500) and a couple of months ago, I missed a payment because I had more going out of my wage than coming in. They keep pestering me on my mobile and home phones and leaving stupid automated messages to ring them and I have received a letter about my account which is "in serious arrears". My payments have come out fine since. I refuse to answer the phone to them because they are so snotty on the phone. I currently have a claim in for around £5,000 against Natwest. They offered me a massive discount (about 40%) to settle but I simply can't afford it.

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