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TomTomAl

Help with Apex and old debt

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Hello everyone, I suppose like lots of people I have lurked here for some time but this is my first post so please be gentle with me. Sorry this is such a long post.

 

Can someone help me with a problem with Apex Credit Management?

 

Myself and my wife both have old credit card accounts with Yorkshire Bank which we were unable to pay and we were sent default notices in 2001. One account is for £2241 and the other for £742

We made arrangements with Yorkshire Bank and our other creditors and have continued to pay this arrangement without missing, ever since.

Over the intervening years Yorkshire Bank have assigned the debt to other people on two or three occasions but we have continued to pay Yorkshire Bank and the payments have been accepted.

On the 8th of April 09 we had letters from both Yorkshire Bank and Apex to say that the accounts had been purchased by Apex and that the accounts had been assigned to them on 26th February 09 and that all discussions about the account should be with them. We are to phone them to discuss a mutually agreed payment. Up to now we have continued to pay Yorkshire Bank but Apex are receiving the payment as the amounts owed by us is decreasing in their letters.

 

On the 18th June 09 we have now had further letters saying that they are dismayed:rolleyes: that we haven’t contacted them and that they want to help us settle the account without legal action. They have also stated that, because of the serious arrears on our accounts, if we do not contact them within 10 days our account will be sent for pre-litigation assessment and they will consider legal enforcement of the debt against us or our property.

 

How should we deal with this? Can they take legal action or CCJ us? Do we continue to pay Yorkshire Bank or do we contact Apex?

 

Thank you in advance, any help will be very welcome.

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first put apex on the back foot by asking for a signed legal copy of your cca, they have 12 working days to respond or the account goes into dispute, remember if they have purchased the debt they have paid very little for it, without a signed cca they cannot enforce court action

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First of all, I would say do NOT contact Apex. It is important that you do not admit receiving notice of the sale of the debt to Apex. This will be a very strong argument in your favour if they ever do take you to court.

 

What is your current credit rating like? Do you have lots of defaults or are you actually doing ok. The answer to this will help inform what you do next.

 

If you have a good credit rating I would suggest that you maintain the payments to Yorkshire for the moment.

 

What you need to do is to request a copy of the signed agreement from Yorkshire - the stickies at the top of the forum sill show you how. You will also need to request a copy of the default notice (unless you have kept a copy of it)

 

What happens next depends on what they come back with. If the agreement and the default notice are fully compliant then I would suggest carrying on paying Yorkshire. If they are not both fully compliant then you can basically stick two fingers up to them and stop paying.

 

It's important not to admit receiving notice of the sale to Apex as then, if they do decide to take court action there is no way they will succeed as they should have sent you notice by recorded delivery which they never do.

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Sorry for the late reply and thank you to the posters for your advice.

Being a novice at this type of thing, two things come to mind. I have two different answers and dont know which is the correct one to follow.

I can understand the reasons for not contacting Apex but will not asking YB for a CCA not alert Apex anyway?

My finances have been good for a number of years but due to number of things i am now using most of my income to pay all of my credit cards and anything i need i have to use a credit card.

Would it be better to use another post to find out how to deal with this?

 

thank you.

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it is a slippery slope when u start using all your income to pay for credit cards and have to use a card to fund your lifestyle I would seriously look at my finances and see if there is any way you can get off this roundabout. even if it means defaulting on payments and offering a minimum amount YOU can afford every month, however, this will play havoc with your credit rating, but to be fair how long can you maintain this 'robbing peter to pay paul', I would make a list of outgoings, incomings, etc look at your priority bills, mortgage, council tax, electric gas etc as these need paying and go from there, it will be a long haul but going down the credit route is only gonna lead to ruin eventually

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Anyone else offer other suggestions or help please. Still don't know what to do.

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First of all, I would say do NOT contact Apex. It is important that you do not admit receiving notice of the sale of the debt to Apex. This will be a very strong argument in your favour if they ever do take you to court.

 

I can and Can't see your argument for this:|

 

It's important not to admit receiving notice of the sale to Apex as then, if they do decide to take court action there is no way they will succeed as they should have sent you notice by recorded delivery which they never do.
I see your point;)

Do you still have the original envelope the letter came in? Did you have to sign for it? If not, just ignore them, as they can't prove you ever received their letter, But IMHO would 'STOP' paying any amount to whoever has declared themselves as the rightful owner of the debt!.

Even if (YB) they have sold your debt on (sorry Alleged) and it has passed between two or three different hands, yet YB are still willing to take payment for this debt, then what the hell is a DCA doing chasing you for the same amount??:confused:??

 

You must stop paying immediately, have you got any proof that this debt exists? Have you got any proof that YB have been accepting your money to pay off this debt, what is the outstanding figure you allegedly owe YB?

How much have you been paying for all these years? Does the amount you owe, contain any bank charges, unauthorised overdraft fees, bounced cheques etc etc?

 

Please Ignore Apex, if you have been consistently paying YB and they have sold the debt on, then you need to start making an immediate "Formal Complaint" to the bank, the Financial Ombudsman Service, the Office of Fair Trading, and Consumer Direct, who in turn will inform Trading Standards to investigate..


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks again for your input. Sorry for the late reply.

I have not signed for anything. i know the debt exists but I doubt YB could provide a CCA as the agreement is probably 15 years old. The amounts that I have been paying YB have been credited to Apex as the amount on the Apex letters has reduced by the same amount.

The debt does not contain any charges or fees.

At the moment I am ignoring Apex as you recommend but on what grounds should I be making a formal complaint. Do you think that asking YB for a CCA is still the best route to take?

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Do you think that asking YB for a CCA is still the best route to take?

 

Mmmm, tricky one, my immediate reply was to say you should CCA whoever is asking you for the money, but as you haven't acknowledged Apex, I would say CCA YB, but having another read of your first post, and both YB and Apex wrote saying it had been assigned from one to the other, then I would CCA Apex, if the debt really is as old as you say, it is almost guaranteed they won't have a legally enforceable CCA and you can 'legaly' withold payment until such time they find one!:D

 

In fact after 12+2 days you can withold any further payments anyway, and they cannot commence with any debt collection activity until they are able to provide you with a legally enforceable document:D:D:D

 

So yes, go right ahead and CCA Apex, the formal complaint I would make to the OFT and YB, as I am pretty certain that for a DN to be issued correctly it has to be signed for, but I may be wrong, and probably am!:rolleyes:

 

And if they are sending you letters of assignment via 2nd class post that is also a no no!:-o


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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