Apex keep sending CCA request back

[themole1]

I CCA Apex last month, one week later they sent the postal order back saying that I need to contact the RBS for the request with whom the agreement was reached. Sent snotty letter back to apex with the same postal order saying the burden of proof is with YOU and that im not doing your leg work for you, this was over 3 weeks ago now. Today received a letter from Apex saying:

 

Thank you for your recent correspondance regarding the aforementioned account and a request for a copy of your credit agreement. (I must say there is no agreement as this was for an overdraft many years ago and by the time I calculated the bank charges for what they owed me I wouldn't of been overdrawn, so I took RBS to court and it is stayed at the moment).

 

I can confirm that I have contact our client in relation to this matter and they have again informed us that this request needs to be made direct to The Royal Bank of Scotland. This is because they are the principle company with whom the agreement was reached and are classed as the data controller in this situation whereas Apex are considered to be the data processor. Your request will need to be made in writing blah blah blah.

 

It's obvious that Apex are stalling the situation and talking crap, but does anybody know what my next move should be and what do I say regards to writing to them.

[izzitme101]

Have apex actually bought the debt, or are they acting on behalf or as agents of rbs?

If the bought it, they own all the duties that go with it, including providing paperwork.

another thing is, if your charges reclaim will pay it all off, i believe you can have the account put into dispute, until the stay is lifted.

[themole1]

Hi,

 

I believe that Apex are only acting on behalf of RBS. My overdraft and bank charges are the same amount of money, however because this has been going on for nearly 2 years now there is another added £1000 to this debt with interest, even though it is in court and has been since July 07.

[dpick]

Hi see the following sections from CCA 1974

 

Section 175

 

175. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

Section 189

 

“ creditor “ means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

 

Advise them they have defaulted on your CCA request and they are obliged to pass on your request and stop payment (if you want) The fact of them returning the fee is irrelevant as it is a legal request and the clock started from when you sent the request.

 

dpick

[themole1]

I did send a CCA request on the 16th March 09 sent it recorded, within a week they sent it back saying I had to get in touch with RBS, I sent a snotty letter back on the 30 March recorded again saying the burdon of proof is with yourselves and also stating that they still only have 12+2 days to comply, then a week after the 12+2 days I sent a account in dispute letter on the 3 April (recorded delivery) and now today I get this letter saying that I have to get in touch with RBS with the postal sent back.

 

What do I do now? do I ignore them or do I write to them again sending the postal orded back and requesting a CCA off them, any help will be a bonus.....

[babybear39]

I CCA Apex last month, one week later they sent the postal order back saying that I need to contact the RBS for the request with whom the agreement was reached. Sent snotty letter back to apex with the same postal order saying the burden of proof is with YOU and that im not doing your leg work for you, this was over 3 weeks ago now. Today received a letter from Apex saying:

 

Thank you for your recent correspondance regarding the aforementioned account and a request for a copy of your credit agreement. (I must say there is no agreement as this was for an overdraft many years ago and by the time I calculated the bank charges for what they owed me I wouldn't of been overdrawn, so I took RBS to court and it is stayed at the moment).

 

I can confirm that I have contact our client in relation to this matter and they have again informed us that this request needs to be made direct to The Royal Bank of Scotland. This is because they are the principle company with whom the agreement was reached and are classed as the data controller in this situation whereas Apex are considered to be the data processor. Your request will need to be made in writing blah blah blah.

 

It's obvious that Apex are stalling the situation and talking crap, but does anybody know what my next move should be and what do I say regards to writing to them.

 

As this is an overdraft it isn't covered by the CCA.

 

You need to write to apex stating the account is in dispute pending a charges claim.

[themole1]

I think I will send a dispute letter again and state that I will not get into anymore correspondance with them unless they have a true copy of an agreement, but then it's got me thinking that there will never be a CCA as it's for an overdraft that is already in court (talk about going round in circles), so I don't know really.

[vjohn82]

I think I will send a dispute letter again and state that I will not get into anymore correspondance with them unless they have a true copy of an agreement, but then it's got me thinking that there will never be a CCA as it's for an overdraft that is already in court (talk about going round in circles), so I don't know really.

 

As above... bank accounts do not have Consumer Credit Agreements and are not covered under the Consumer Credit Act. As above you need to look the at disputing the account because of the charges.

[izzitme101]

the account has been in dispute since the court stayed the claim, i believe you can use that date to stop them continuing to add interest?

not sure, so hopefully someone will clarify.

[themole1]

the account has been in dispute since the court stayed the claim, i believe you can use that date to stop them continuing to add interest?

not sure, so hopefully someone will clarify.

 

I suppose what really gets under my skin is, you take a company to court as you believe they have treated you unfairly with excessive bank charges, so this account or overdraft is in court, then the banks just disregard all this and then pass you on to a DCA, so the DCA have absolutely no knowledge or history as to what's going on, so you do the legal, right thing sending them letters off this forum and they still won't go away, they are like a severe bout of cystitis, but I didn't want to take the p*ss, lol.

 

Shall I just ignore them as they have had a dispute letter off me dated 3 April, even though I have the postal order back?

[themole1]

I thought I would send Apex this letter, comments appreciated.

 

15th April 2009

Apex Ref: 1816001

Dear Mr J. Cranmer,

With response to your letter dated 14th April 09. So you are telling me that the bank RBS can give you my, Name, Address, Telephone Numbers, Bank Account Number, Sort Code Number, DOB etc etc without my permission, but I have to instruct RBS to give you a True copy of the signed Credit Agreement, what a load of B*llocks!!!

YOU ARE CHASING ME, RBS SHOULD SUPPLY YOU WITH EVERYTHING YOU NEED. They seem to have given you everything, bar the most vital piece of information, could this be that it doesn’t exist???

You have received on the 16th March 09 send recorded delivery a request from myself for the True Copy of the Consumer Credit Agreement. You to date have not complied with my request. The Office of Fair Trading says you have 12+2 days to comply with my request. If so such request is supported you can no longer chase this alleged debt.

I DO NOT EXPECT TO HEAR FROM YOU AGAIN AND ANY FURTHER CONTACT WILL BE DEEMED AS HARRASMENT OR INDEED A TRAINING EXERCISE FROM YOUR COMPANY, WHICH I WILL GLADLY PARTICIPATE IN. MY FEES FOR SUCH PARTICIPATION ARE AS FOLLOWS:

Communication letters at a charge of £15.00 per letter, plus delivery (postage)

Telephone communication charged at £15.00 no matter the duration of call.

All previous communication will be charged at the same rate.

If I hear from you in any shape or form it will be deemed you are accepting the Terms and Conditions of this contract, therefore all charges will apply.

Yours sincerely