Apex Credit Management

[ApexHater]

Hi All,

I had a debt with Lloyds TSB of around £1,500 but found I had around £1,800 of bank charges, so wrote to them as per standard letters to get these charges refunded, and so pay off the debt. Unfortunately, my attempt was too late, and I've been held up in the "lets wait for a court decision" process.

However the debt of £1,500 has been passed to Apex Credit Management, who have a nasty habit of phoning me every week after payment, who write about once a month stating they will take me to court, muck up my credit scores, etc etc. I have communication from Lloyds saying please give us more time to await a court decision, but these guys keep going at me, causing considerable duress.

I gather from this forum the debt has been bought from Lloyds, which explains why they aren't interested in talking to me about the reason for it, however my grievance is with Lloyds, not Apex, so should I be doing/talking to Apex at all??

All help and advice appreciated, especially from anyone who has had previous dealings with Apex.

Thanks

Apex Hater

[cerberusalert]

Give Apex something to do & send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

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.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[ApexHater]

Wow...thanks, on to it now.

Apex Hater

[payupnow]

hi ive had dealings wih apex for he last few months get leters every month contact us by phone ect then were going to sue you my advice would be to not to t alk to them on he phone as you wont get any where .just sent of my request for agreement off

[ApexHater]

Nothing recieved back from them, (sent letter on the 20th Jul) and not had any more phone calls either. Does that mean they've given up now, had nothing on us, or they'll start again in a month or so? I assume if we do get contact from them we just refer them back to answering our last letter. Is that correct.

Apex Hater

[cerberusalert]

They've probably passed it back to Lloyds.

[ApexHater]

Our letter sent 20th Jul as above produced nothing back from Apex. However we have now had a card through from Allied International Credit UK Ltd, of Glasgow. Its a little yellow card, demanding full payment immediately. I'm sending them the CCA request again to see what happens. Anything else I can do?

Thanks

Apex Hater

[cerberusalert]

Don't bother with another CCA send them this instead; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[ApexHater]

OK will do, thanks

[ApexHater]

OK, sent the in dispute letter, nothing heard back from Allied International Credit, but now have a letter from Moorcroft Debt Recouvery Ltd of Stockport, after payment in full within 7 days or County Court proceedings!

 

All advice welcomed please.

Thanks

Edited December 3, 2009 by ApexHater
Spelling

[cerberusalert]

Send this to Moorcroft; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[ApexHater]

Will do, thanks.

[ApexHater]

We've written to Moorcroft with the above in dispute letter. They are now phoning the telephone number they have for me every other hour. They speak to my partner who is just putting the phone down on them, but they are saying that they will continue with calls until they get answers.

Bearing in mind this all started with my debt to Lloyds built up through charges, now the law has gone their way, does it mean my charges are all now due and I do need to do something? Its all getting confusing now!

[cerberusalert]

Send Moorcroft this;

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

Print name do not sign

[cerberusalert]

Bearing in mind this all started with my debt to Lloyds built up through charges, now the law has gone their way, does it mean my charges are all now due and I do need to do something?

It is certainly not the end of the matter regarding claiming bank charges. We are in the process of developing new template claims which will be posted shortly.

[PGH7447]

yep send the phone harrassment letter and ignore the idiots

 

also get your partner to say yes just a minute then leave them on hold, they really hate that

[ApexHater]

Yet again our thanks. We have parrots who hold great conversations...time they took over!

[ApexHater]

OK, an update and request for help...what to do next?

We have a letter from Lloyds dated 7th Jan stating as the court ruling on charges went there way, they wouldn't be refunding us or upholding our complaint.

The last thing we did was sent Moorcroft a letter "Account in Dispute" and had a reply from them dated 15th Jan stating they had contacted Lloyds who had advised them a copy of the contract was not available, and the account was on hold.

Today we have recieved a Notice of Intended Litigation from Moorcroft for the entire debt to Lloyds plus possible costs if it goes to court.

What next?

Thanks

AH

[ApexHater]

Recieved today a letter from Moorcroft stating they would accept £100 per month as payment to clear the debt of £1,700 or court action might be taken. They still haven't replied to our Account in Dispute letter really! Any obvious route, or do we continue to ignore them?

Thanks

[PGH7447]

have you had the contract yet? if not ignore the fools

[ApexHater]

No, no contract yet. Thanks

[ApexHater]

Recieved today a letter from Moorcroft stating that as they hadn't heard from us they would pass it on for someone to knock on our door to sort things out. Think I should send another letter stating that I haven't seen a contract yet, and that knocking on my door is not an option....is that right, and if so, which letter is best?

Ta

[PGH7447]

if you have already send the letters previoulsy mentioned in the thread then do nothing, they have yet to compy with your request so ignore the fools

[ApexHater]

Two letters received today.

One from Moorcroft....further to recent communications please provide us with written details of your dispute.

Second from Lloyds TSB refering to the original debt....our agents have been unable to agree a repayment programme and suggest we take legal action against you. Pay off full balance in 10 days to stop this, or fill in form with loads of queries on circumstances to assess financial situation and agree a repayment programme.

Lost as to what to do now. Bottom line, I owe Lloyds £1800 in overdraft, they charged me £1800 in charges, I was hoping it would be quits......help please.

AH

[PGH7447]

do the later option from lloyds if this is the easier option, or figh them, down to you