Apex

[Dikkobat]

Hi folks, bit of a newbie here.

 

i have recently been informed that APEX now own the loan i have with Clydesdale Bank, i was paying £100 a month on a agreement as i could not afford the £320 i was meant to be paying. This was a consolidation loan i got for £15k about 3 years ago (when saw the stormclouds of debt spiralling out of control). I consolidated at Clydesdales suggestion.

 

3 weeks or so ago i got a letter from APEX with a letter on Clydesdale Bank headed paper enclosed saying that APEX now own this loan and i should review agreement amount and setup a Direct Debit with them.

 

i cancelled the direct debit with Clydesdale on the 20th April, this being the last payment i made.

 

APEX have been phoning me on my mobile etc but i have not answered.

 

I contacted APEX today and told them i was confused about the whole "we now own your debt" thing. I asked them to prove this to be so before i arrange anything as the values they quoted were slightly different to the ones i KNOW are correct. I told them to deal only in writing with me as this was better for both parties. I asked them to send me a copy of the original Credit Agreement i signed when i took out the loan with Clydesdale Bank and i was not prepared to setup ANY standing order or make ANY payment until i was satisfied that i am due them any money.

 

What do i do now? should i request a copy of the original agreement in writing? should i ignore them? APEX said that i will have to set up an S/O immediately so as not to "break" the payment cycle. but i have no payment cycle with them.Do they HAVE to prove i owe them anything or can they just demand money from me? They want to assess my income/outgoings and decide what i can afford to pay, but i think i am in a better position to judge this than they are, and do they have any legal right to see what my income/outgoings are?

 

Sorry if this is a bit vague but i am at work, any advice much appreciated.

 

Best wishes

 

Richard

[IdaInFife]

Send the cca request off in wirting, send recorded and do not sign it.

 

if i was you I would make the payment online to clydesdale if you can.

 

Ida x

[Dikkobat]

Thanks for the speedy reply, Ida

 

OK, will do. Why dont i sign it? should i just use one of the templates off here, if so what one?

 

Should i maintain the payment to Clydesdale? If so, why?

 

Thanks :0)

[IdaInFife]

you don't sign it becasue it can be copied.

 

you can either print it or use any of the digital signatures.

 

re payment, that's if you wanted to make a payment,

 

Ida x

[blueda]

Hi Richard, By law you should have been sent a notice of assignment from Clydesdale and Apex before they can demand money from you, send Apex a CCA request and see what they come up with, copy template letter N on the link below, and as Ida said dont sign it and post 1st class recorded delivery with postal order of £1.00.

http://www.consumeractiongroup.co.uk/forum/generel-debt-issues/20758-creditors-dcas-letter-templates.html

[bushlurker]

-ignore this post - sorry...

Edited May 4, 2009 by bushlurker
started new thread

[Dikkobat]

Hi

 

well, its been nearly 2 months now and i have not heard anything from Apex. I didnt send them a CCA request as i thought it would be better to keep my head down and maybe they would just go away. Should i just sit tight or should i still send the CCA. I have stopped th S/O to the Clydesdale Bank but i am keeping the money aside incase i haev to catch up but i had contacted Clydesdale who said i HAVE NO DEBT WITH THEM, and APEX have not been in any further contact (Though i dont even plug my home phone in anymore as i am out working most of the time.)

 

any advice? should i offer to pay someone? if i have no debt with CB, and APEX cannot prove they own my debt, what should i do?

 

thanks :0)

[IdaInFife]

hiya,

 

have you had any reply?

 

ida x

[Dikkobat]

APEX2.doc

[Dikkobat]

Hi! managed to upload a copy of it! Now! the TOTAL OUSTANDING is only £12482.00, not £112482.00 as is on the letter. What should i do now? Should i send them a letter saying the account is now in dispute? They were harrassing me on the phone constantly but managed to get that stopped (just by mentioning my friends in CAG.......funny that!?!)

 

What do i do next?

 

many thanks

 

 

Sir Dikkobat III

[IdaInFife]

yip- account in dispute letter or you can wait to see if they contact you again and send it

 

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

 

Ida x

[Dikkobat]

Bah! now they have managed to come up with a copy of the original CCA (albeit dates as being send 28/9/09). What do i do now. They are going to be expecting me to come up with some numbers regarding income/outgoings etc. I have already totted this up and income is about £1200 per month and outgoings are about £1080. . I havent responded to them yet as i was taking a "head-in-the-sand-and-they-will-go-away" approach, but feel i should really be doing something. Any advice much appreciated. ALSO!!! how do i go about making a donation to the site?(not much as yet, only a tenner or so :0() and this is only a fraction of what this site has helped me in terms of advice, support and reassuance. Thankyou people.

[seriously fed up]

I would get a copy of what they have sent you posted up here (with your details blanked out) to get views on its enforceability. I assume that what they sent you has your signature on it, but does it have the other terms required by the CCA on the document that you have signed?

Just because they have sent you something, it would be wrong to jump to the conclusion that that's game over. The fact your loan is so recent suggests that it might be one they have got right, but its always worth looking at.

[Dikkobat]

Yep, sorry for the delay, i been burying my head again!! unfortunately it IS a copy of the original, but all has been quiet from APEX since. It could be that theyre trying to get me on house phone but i unplugged it months ago as i never use it......the only people to get me on that are APEX and MBNA. Any suggestions? im tempted to just keep quiet but do a little preparation so i am prepared for when i eventaully HAVE to deal with it. Thanks folks :0)