lloyds OD sold to APEX

[onlyontuesdays]

hello - newbie here.

 

i've looked at lots and lots of posts regarding APEX (formerly BCW etc).

 

i received a letter from them several months ago regarding an outstanding £750 from LloydsTSB. Basically Lloyds pulled in my overdraft. - up until this letter i was gradually reducing the overdraft as per verbal agreement with Lloyds. Next thing i know i get a call from Apex saying they were collecting the debt in full and they could 'do me a deal' for early settlement. I could'nt pay that amount so i paid £100 to begin with then did the same the following month.

Yesterday i received a letter saying if i did'nt forward the full amount outstanding they would pass it to their "Business support solicitors" . Alternatively they would consider an interim payment.

they have threatened Asset Investigation and possible attachment of earnings.

 

Have i been a bit dim here by paying them? - i had no communication from Lloyds to say they had passed the debt on.

 

Please tell me what i should do - this is tearing me apart

 

Thanks

[diamondgirl]

Hi onlyontuesdays and welcome

Nobodys dim on here we just have no idea about anything till we come onto the forum so don't worry everyones been in the same or similar situations.

As this is to do with an overdraft I'm not up on this but don't worry someone will be along who knows about overdrafts who will be able to help you more.

I definately wouldn't pay another penny to them a the moment wait for some advice first. Anyway they could be anyone asking you for money and you wouldn't pay me if I came along and said you owed me £100 coz you wouldn't know me from Adam would you.

If nobody comes along later if you click on the triangle one of the site team will pop by and have a look.

DG:)

[ncf355]

Hi OOT

 

 

FIRSTLY -

 

DO NOT let them uspset you, they are NOT worth it and its just want they want - to scare you into paying something they have no right to!

 

do you have any charges on the account?

 

Lloyds are currently after a friend for exactly the same thing, but in her case the value of her charges claim exceeds what they are asking for , so just told them to bog off because as soon as they slap a claim in, she will put a defence in regarrding charges, pending the OFT case

 

Also, you need to search around for info on CCA's for overdrafts (credit agreements) as the law allows LTSB to be exempt from showing an agreement under S78, but only if they meet certain criteria and this would also be affected by when you took out the loan

 

Hopefully more folks will be along soon

 

 

BTW, dont let Apex get to you, theyve written loads of letters to my friend, they are toothless tigers

 

They will probably be followed by LTSB's solicitors , Sechiari Clark and Mitchell, but they are also toothless and just keep sending the same cr*p stating they will instigate court action if you do not pay in X days - its all rubbish as they know they will have one hell of a time winning a case against anyone with knowledge of how the process works, and now youve found us that includes YOU! my friend

 

[onlyontuesdays]

Thanks for the quick reply

 

All this results from my personal bank account with Lloyds, I had a 6K overdraft ( which was agreed) all of a sudden they shut my account down and demanded the total of the OD back - this is where originally Sechiari Clark and Mitchell got involved. I did repay most of it, due to threats of legal action - everything was ok for a while, then Apex started with the heavy calls and threats of attachment of earnings etc if i didnt pay the remaining £500 in 7 days ( from yesterday). So far they have rung me 6 times today (Sunday) i havnt answered the call.

 

is there ANYTHING i can tell these people to stop them hassling me or indeed taking this any further.

 

once again, thanks for your help - its good to know there are people out there who have the knowledge.

 

OOT

[BECCALOU]

I had the same runaround. AIC first then Apex then Robway. I ignored the lot of them.

[42man]

You would need to establish how much there is that is excessive penalty charges, a SAR to the original creditor is the first step (unfortunately this costs £10 but could be well worth it !!)....if there isn't any sort of dispute then Apex will continue to harrass you.....I think a letter stating that the debt is likely to be made up of excessive charges (and mention that they may owe yo umore than you owe them !!) send all correspondence recorded...this is the SAR request - Send it to the data compliance manager at their head office, they HAVE to respond in 40 days from receipt of your request.... - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[onlyontuesdays]

The saga continues.....

 

i now have in my possession a letter from 'Geoffrey Parker Bourne' solicitors based in Warwickshire.

 

they state ...and i quote " unless you contact our instructing agents APEX MAMAGEMENT within the next 72 hours with a repayment proposal, we will advise our clients to issue a claim for recovery in the county court.....

 

Please note we are instructed NOT to enter into correspondence with you.

 

is this just hot air? - how should i go about this?....i'm sorry if this seems trivial but it is really bothering me.

 

thanks for any help/advice

 

OOT

[Enron]

I was always under the impression that the creditor had to instigate legal action as the owner of the alleged debt.

 

Apex is an agent who are working on behalf of Lloyds, therefore I find it somewhat suspicious that they are threatenning legal action. As it should be the owner of the alleged debt that commences action.

 

Don't quote me on it, but I smell hot air.

 

I do remember the case of a solicitors that said they would said letters at £2.50 a time, as normally people would fold at the first sign of legal action.

[onlyontuesdays]

I am being hounded by robway for a 'debt ' of around £600.

 

This is from when my bank pulled my £6K overdraft around 4 years ago. I agreed with the bank to pay back the £6K over 6 months ( ish) - as a result they offered to forgo the interest charges. The bank then closed my account and that was that.

 

About a year AFTER this i got a letter from 1st credit chasing the 'debt' - i just ignored them - and they went away.

 

Now these idiots are doing the same, so i ignored them - i now have a letter from Horwich Farrelly saying they are going to commence court action.

I take it from the address that they are actually part of robway.

 

any suggestions as to how to deal with this?

 

thanks

 

 

OOT

Robway.pdf

[cerberusalert]

So you have already paid the bank?

[cerberusalert]

If you have send HF this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

[Pinky69]

HF are part of Robbers. They can advise their clients all they like - there is nothing they can do if there is no debt.

I'd phone the bank and ask them what they are playing at.

[onlyontuesdays]

I paid the bank the the total of the overdraft outstanding, which was around £5400. I didn't have a choice really as they stopped my other account ( same bank) until i contacted them - it was dealt with by Sechari Clarke and someother name!!! - i suspect they acted outside of the regulations simply because they froze my only available other account until i paid them, therfor i had no choice as i was working in Greece at the time.

..anyway i paid them and THEY closed the account not me. There was some charges and probably interest, but the bank waived them because of the amount i'd paid back ( probably wrongly).

Then as i said 1st credit contacted me, then these idiots.

 

If there was still money owing why did the bank not chase me for it and if there was still money owing, why would they close the account . When i say close the account i actually mean END the account - i could not see it anymore on my internet banking.

 

 

cheers

 

OOT

[cerberusalert]

Send the letter in post #3, it's up to them to prove a debt exists.

[onlyontuesdays]

Well dear friends,

 

its been 2 and a bit years since this episode!!!

 

All was quiet until a couple of weeks ago when i was contacted by Hillesden Securities.

 

They are now chasing me for the £538 which they say is the remainder of my overdraft from LTSB.

 

Brief recap - :

 

I had 4.5K overdraft on my current account - out of the blue LTSB pulled this while i was working abroad.

SCM took this over and because they are attached to LTSB they also had access to my other account.

They basically did funds tansfers from one account to the other - i had no choice in this it just happened over a period of 9 weeks.

when i complained that there was a lot of interest and charges on the account they agreed to waive £738.68 seeing as though i had just paid them £4514.80!!!!!

 

LTSB then closed my account.

 

BCW then appeared with this 'debt' and ( this is way before i found you guys) i paid them 2 instalments of £100 - then i told them to get lost.

 

The 'debt' was then taken by Moorcroft. They got told to get lost as well!

 

Then Hillesden appeared with it.

 

They sent me a letter saying a i had to pay £538.68 - so i asked them to send any relevant information. I received a letter that looks like it originates from LTSB stating that they (LTSB) have assigned its rights and interests of my account to Hillesden.

Hillesden also sent me a copy of bank statements showing the transfer of monies into the account. There is a residual figure of £738.68 which is marked as TFR to CDR - then a CLOSED ACCOUNT BALANCE = 0.00

 

 

The statement actually shows a ZERO balance - i guess the main issue here is the TFR to CDR.

 

My query here is that

 

1) LTSB could have quite easily got the remaining money - they had total control of my 2 accounts.

2) It was LTSB that closed this account - not me

3) i STILL have a current account with LTSB - so surely they COULD have got the remainder if they wanted to.

 

Am i going to have to prove that the £738.68 was written off because it was excessive charges and interest?

 

ALSO, Hillesden put a card through my door today asking me to ring them to make an appointment for one of their representatives to come and see me at my home!!!!

 

 

Advice on what to do here guys please

 

best

 

OOT