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APEX Help please !!


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Hi

 

I have been paying £50 a month arrangement or the last 4 years to APEX (formerly BCW I think?) for a loan I took out in 1999 with RBS.

 

In December I missed one payment (I have continued to pay since) and have been hassled by them ever since with multiple threats to take me to court.

 

Fed up with this I CCA'd them only to receive a letter from them telling me I would have to obtain this from RBS - is this true?

 

They have now passed this to some solictor demanding full payment of the whole balance on pain of CCJ and instructing me to contact APEX - despite me continuing to pay £50 p/m !!

 

I am yet to receive a any sort of CCA from them and have been totally fobbed off. Can anyone advise me of what to do to make them back off and/or suggest a letter to send them to shut them up?

 

Thank you

RBS - £1640 refunded

MBNA - £60 refunded

Barclaycard - Still awaiting statements requested 17/1/07

Lloyds TSB - DPA sent 10/4/07

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Hi

Did you get in touch with Apex when you missed the payment. I have my bank account and loan repayments thru them and if I have got into any difficulty ( I have missed a few payments) they have been really nice to me and sorted it out straight away, mind you they are the only nice ones of my creditors.

Fiona :)

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Hi all and thanks for the replies !!

 

I will certainly send both letters.

 

I sent the CCA in February and they replied almost straight away returning the £1 statutory fee telling me to get on to RBS.

 

What I don't understand is that if they are the ones threatening court action why is it not up to them to get the CCA?

 

If I send APEX the dispute letter won't they ignore it stating its up to RBS to provide the CCA?

 

Aghhhhhhhhhhhhhh

RBS - £1640 refunded

MBNA - £60 refunded

Barclaycard - Still awaiting statements requested 17/1/07

Lloyds TSB - DPA sent 10/4/07

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This is the relevant part of the Act that some DCAs just can't seem to get their heads around;

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

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