apex chasing me

[finlay32]

hi just wondering if i could get some advice i had a loan with tsb taken out 5 yrs ago. i went on reduced payments after my partner lost his job tsb then passed account to aic i payed them 10 pound a month for almost 2 yrs as a gesture of goodwill. about a year ago i started recieving demands from apex i informed them i was paying aic and had not defaulted on that agreement but i was now going to stop paying aic as i believed my money was not going to original creditor. I also asked apex for proof that they own debt and for a copy of credit agreement enclosing pound postal order. I stated account was in dispute and they had 12 days to provide it this was on the 20 th jan 2009. Today i recieve wot is supposed to be a statement on lloyds tsb headed paper but with apex address at the top the only transaction it shoows is that they took my pound postal order off of balance. that not wot it was for. they say loan amount ,loan period and intrest rate are all unavailabli also the terms of agreement are unavailable but if i would like more information i should contact them. are they now in default and where do i go from here any advice would be greatly appreciated thanx

[cerberusalert]

You don't have to do anything until either they resume trying to enforce payment from you, or they provide the documentation you asked for.

[42man]

Hi Fin....welcome to the CAG forums....send this letter recorded to Apex

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.html

 

or possibly this one...

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/579-letter-when-dca-refuses-to-comply-with-a-cca-request.html

[42man]

That letterhead sounds interesting....did you see this thread ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170251-forged-letterheads-serious-offence.html

[finlay32]

thanx for the replies they not asking for payment at the mo they have offered final settlement in the past which i ve ignored.there is no signature at the bottom of the letter they sent either... dont think there is a credit agreement as this loan was all done thru the post as refinance to try an help me out. i just had to tick a box saying whether i wanted ppi

[finlay32]

hi guys i recieved a letter today from consumer debt recovery? i have nt got a scanner so will just type wot they saying its on lloyds tsb headed paper again .

 

dear miss finlay,

I feel it is important to let you know our agents have been in touch wiyh us in connection wiyh your account. They say they have been unable to agree a repayment programme and suggest we take kegal action against you.

You can prevent us taking legal actionby paying off the full outstanding balanceof this account within ten days.

if you are unable to send payment in full,please complete and return the questionnaire overleaf to enable us to assess your situation.

i look forward to hearing from you.

If you wish to make a pay ment today using either your credit or debit card then please contact us on the above telephone number.

yours sincerely

managers assistant

consumer debt recovery

[finlay32]

i requested cca from apex which they failed to provide so have they passed this on to someone else now?

[42man]

Send them this recorded delivery (you will need to edit it to suit)

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

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

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the OFT Collection Guidelines in line with CPUTR2008

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[finlay32]

thanks for the reply:) just another quick question the address they have given is apparently lloyds tsb recovery depo in brighton do i send the letter to them even tho it was apex that i cca'd?

[42man]

Do you know if Lloyds have passed the debt on i.e. sold it ? or are Apex collecting 'on behalf' of ?

[finlay32]

i thought it had been sold as apex were the second dca to contact me as it was with aic first(who i was making payments to) but not sure now:confused: tsb havent contacted me for yrs.

[finlay32]

just found letters from apex that i ve received in the past they refer to lloyds as their client. I ve also received one from geoffreyparkerbourne on behalf of apex stating they have been instructed by apex to write to me both letters state i have 72 hrs to contact apex with a repayment prposal.does this help?

[42man]

OK well, I owe you an apology Fin, the CCA request needs to be sent to whoever owns the debt now....(which from what you have said above is Lloyds). Although Apex really should have passed on your request (what did they do with the £1 you sent ?).....send this directly to Lloyds Bank, with a £1 postal order and send recorded - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[42man]

You could send this to GPB sols again recorded

 

Dear Sirs

 

I refer to your letter of XXXXX 2008 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by HSBC under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully / for ever / with love / in anticipation of a short and fruitless banking relationship (choose the first one if I were you !!!)

[finlay32]

ok thanx no need to apologise:) will cca lloyds. apex took the pound postal order off of the balance that i owe even tho i stated it was for payment of my cca request! i think statement i received after i cca'd apex was from tsb but it wasnt a cca all it showed was balance and the pound postal order taken off, no interest rate, no original loan balance, no terms and conditions, no signature from me.

Edited June 10, 2009 by finlay32