Apex Credit Management

[mattb_2007]

So... my situation....

 

Apex have sent me numerous letters stating I owe 2,841 for an old Lloyds student current account. I'm happy to pay what I owe but because of the bank charges situation, I believe nearly £1,000 of that amount is unlawful charges.

 

So, after reading on here, do I actually owe Apex the money? I've briefly read about CCAs but am none the wiser. any help on this is much appreciated.

 

thanks

[cerberusalert]

Send them this recorded delivery including a £1 postal order then we'll see if the alleged debt is enforceable. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter Do not sign the CCA request.

 

If it is we'll help ypou reclaim the unfair charges.

[cerberusalert]

Incidently, if you haven't paid anything towards this loan or made an admission of the debt for a period of six years it would be Statute Barred anyway.

[mattb_2007]

Thanks for the response.

 

Just reading through other posts....

 

it seems debt recovery agencies are up for negotiation. would it be right to think that they probably only paid 10% for my 'debt'?

 

If so, would it be worth writing to them with an offer, stating i'm willing to pay x amount and remove default from my credit rating etc.??

[mattb_2007]

Incidently, if you haven't paid anything towards this loan or made an admission of the debt for a period of six years it would be Statute Barred anyway.

 

 

sorry, when you say this, does that mean simply if i've not paid anything within six years it's simply null and void or six years from them making no attempt to reclaim the debt?

 

thanks

[cerberusalert]

No, wait until you get a reply from your CCA request, it could put you in a stronger negotiating position.

[cerberusalert]

sorry, when you say this, does that mean simply if i've not paid anything within six years it's simply null and void or six years from them making no attempt to reclaim the debt?

If you haven't paid anything or written to them admitting the debt it will be Statute Barred & they can't enforce payment from you. Also any default would have automatically dropped off your credit file.

[mattb_2007]

Thank you very much for your help. Just while I seem to have your attention....

 

I also am being chased - admittedly through my negligence - by Wescot for a British Gas bill of £50. Is a gas bill up for negotiation like a loan/overdraft etc.?

 

Thanks.

[cerberusalert]

You could try negotiating the gas bill.

 

But back to your other problem, if you think it is statute barred, forget the CCA request in post #2 & send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred It is up to them to prove otherwise.

[mattb_2007]

You could try negotiating the gas bill.

 

But back to your other problem, if you think it is statute barred, forget the CCA request in post #2 & send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred It is up to them to prove otherwise.

 

Simply jogging my memory, I believe it would probably be three years at the most. So, I will go ahead with the CCA.

 

It looks like - from what I've read - many do not respond to the CCA... so looking ahead... what happens next? thanks.

[cerberusalert]

They have 12 working days from receipt of your CCA request to provide a copy, if they fail you can send them an 'In Dispute' letter which in effect prevents them from continuing with the collection until they do.

[mattb_2007]

Many thanks for your swift help.

 

I'll post the CCA tomorrow and report back as and when I hear something back from them..

 

Sorry for all the questions but is it likely they won't have a leg to stand on etc. whats the general response from a CCA?

[cerberusalert]

It's hard to say, it depends on whether the agreement complies with the CCA 1974.

[N.P]

They`ll probably write something back in the way of a Current Account is not regulated by the CCA 1974.

 

Saying that, if there are charges applied to the account, you can then bet your bottom dollar any interest added is also inacurate, which would warrant an `Account In Dispute` letter.

 

 

N.P