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iamintrouble

Lloyds gradute A/C O/D - now with Apex/Satchi.

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Hi,

 

I have just got a letter from Apex Credit management Ltd (never heard of them) asking me to pay a debt that I have owed for a while and is accruing interest at a rapid rate. It was a graduate overdraft of £1500 but is now more like £1900 and Lloyds want it back.

 

This debt has previously been referred to Sechiari, Clark and Mitchell, amongst others. Each time I have been chased I have asked for the CCA but I have never received it and I add in a request for a letter of assignment. I have also recieved the statements from the SAR and found I cannot reclaim any money.

 

What are my options now? Do I just set up a repayment of £5 a month or something? I don't know what else to do. Despite asking for all the papers, I receive nothing and more money accrues on the account in interest.

 

Part of me is saying pay it but I get annoyed at myself for letting the debt get out of hand as the interest has just inflated it and I kind of begrudge paying it!

 

Thanks!

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Right firstly, how old is the debt? Is it pre 07?

If it is and you have previously asked for a copy of your CCA, and they haven't provided one, then the account is in dispute and "NO" payments should be made.

 

Whoever you sent your CCA request to should have told the Original Creditor (OC) who should have produced it.

 

If they failed to produce a valid enforceable CCA after 12 days then the account is in dispute, and should not be passed around like a hot potato!

 

So firstly, how old is the debt, and secondly when you sent the CCA request was it via recorded delivery, have you kept proof of delivery?


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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You don't get a credit agreement with overdrafts - they are not covered by the CCa 1974 in the same way as loans and credit cards. They are the behest of the bank and can be withdrawn by the bank at anytime. All you can do is check if there are any charges you can reclaim then make an offer to repay at a rate you can afford.

  • Haha 1

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I stopped using the account in 2006 when they closed other accounts they had and there was a chance they would take all the money I had to my name in this account. However, I continued to pay a small amount in each month and the interest was larger than the amount I could afford so I decided it wasn't worth employing that technique on a long term basis.

 

I sent the CCA to Lloyds and it was recorded delivery so I have proof of receipt. I have already checked the charges and it's all interest so I don't think I can claim on it.

 

So is my only option to repay this extortionate amount of interest plus overdraft? Damn it's painful.

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You may have proof of receipt but there is no agreement on overdrafts. All you get is a letter saying what the limit is and the interest rate and they can produce that at any time. If there are no charges to be reclaimed, I am afraid there is no alternative but to pay am overdraft.

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You don't get a credit agreement with overdrafts - they are not covered by the CCa 1974 in the same way as loans and credit cards.

 

Yes sorry:smile: you are correct, I once again failed to read the thread correctly, thank you pinky for setting me straight and sorry iamintrouble.....I will learn to read threads properly in the future!

 

 

Boo;)


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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You could send a SAR to get all your statements and claim back any charges that are on the account which would reduce the amount owing or at least start the ball rolling on a charges claim. You would have to make the SAR request to Lloyds.


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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It's strange that this is accruing interest while being chased by a DCA. Does the SAR show LTSB adding the interest in the last few months or is it the DCA?

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Thanks for the help people, don't worry I know my explanations can be confusing. When I have been to CAB I flummox them with the ins and outs of my accounts, they really don't know how to help me!

 

The interest is being added by Lloyds still and has been for the past 2 years. It is strange as another account which is in a similar mess got frozen as it has been moved around so many different DCAs and remains unresolved. I suspect they just stick more interest on so they can sting me for more money for them even though I have already told them I cannot afford £1500. They are hardly helpful to me.

 

Ah well I guess I should start the grovelling letters. Should I ask them to freeze the account first?

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Is it back with ****?


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Hopefully I will be more helpful this time:D

 

As grumpy and saintly have already said, send Lloyds a SAR: Letter template:

 

Then you can claim the charges back, which should make a hefty dent in the total overdraft.

 

Is the DCA Lloyds 'in-house' debt collectors, or has it been sold to some other bully's?

 

Once you send the SAR, I would send whichever DCA it is asking for payment, the account in dispute letter as you are waiting for information from Lloyds with a view to claiming back all the bank charges, again send all correspondence via recorded delivery and print your name don't sign it!

 

Boo;)


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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The debt is with Apex Credit management Ltd.

 

I have already sent a SAR and all I found out was that I only have one charge for Overdraft excess fee which is for £30, the rest is all overdraft interest and was told I couldn't do anything with this, is this the case?

Edited by iamintrouble

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Hi,

 

I am hoping someone can please help me. I have a debt with Lloyds that has been passed around many debt collection agencies but it is now at Apex. I have now got to the point that I have run out of options and need to repay it, it is causing me more stress than I need.

 

Basically I have sent letters to ask for repayment and they have ignored all the letters I have sent and now they are sending letters threatening bailiffs and court.

 

I did once send a letter ages ago to a DCA saying that if they are not going to accept a repayment offer then they are being unreasonable. Disorganised as I am, I cannot find my copy of this letter. Can anyone think of a suitable letter to send that tells them that I can't afford to pay the full amount but I am offering repayment.

 

Also how can I prove I have sent all these letters out? Is the only way by recorded?

 

Thanks

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Was the CCA enforceable ? Did it contain the precribed terms ? Did you ever receive a default notice ? was it compliant ? Are there some penalty charges on the account ? If you have made them an offer and they aren't accepting it then they are in breach of the OFT's guidelines... -

 

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so


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I have never received a CCA for this account but it is an out of control overdraft and I thought overdrafts were not covered. I have already worked out that all the charges are interest.

 

I am just sick of feeling scared of the constant letters and the fact that money keeps piling on. I have sent so many CCA requests and nothing happens. All they do is send the debt around DCAs and what happens is that I end up owing more and quite frankly I am scared by how much interest this debt is accruing.

 

I did receive a default notice when the account was with Sechiari. The default notice (Served under section 87 (1) of the Consumer credit act 1974) says apparently I have broken the terms of overdraft agreement include the right of the Bank, at any time, to request immediate repayment on demand. And it goes on.....

 

What do i do? I just thought by offering to set up repayment I might just get them off my back. It gets me down so much.

 

Thanks.

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You say that this account is still accruing interest, who is adding this, the bank or the DCAs?


Every journey begins with a single step :):)

 

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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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how old is this debt? if its been around the dca's a while it could be coming up to statute barred..also if they were going to take you to court then surely it would have been a long time ago..remember these people are only sending out threatograms they have no power to force you to pay only a court can do that

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The interest is being added by the bank still and it bothers me because I am scared of how much it will eventually become if I leave it.

 

The debt isn't that old. It was only from about 2007 that I coudln't afford to cover the amount that I was getting charged in interest. Lloyds said I would have to pay off £300 or more to keep the account within it's overdraft and I couldn't afford that much.

 

Thanks, I guess they would have done much worse to me before if they wanted. I just get scared and don't want to end up owing more than I have to, especially since I can't afford to!

 

What shoudl I send them? I don't want to ignore their letters.

 

Thanks.

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I think first off is to send for an SAR and have a look at all the charges etc they have been placing on account, if I remember correctly after the issued default notice no more should have been added and you should be able to claim this back

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I already tried this, it seems the overdraft interest is all something they can charge me for I think. I was convinced I could get some money for this, but I don't think I can because it's my fault.

 

Is there anything else I can try?

 

Thanks

Edited by iamintrouble

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hey hey dont threat LLoyds is one of the many peple i owe debt to. I right now have them by the balls. Listen I am in trouble, demand that subject request letter. If they call you at your home tell them to stop or you will report them to OFT etc. They are not allowed by law to send people to your home unless you have given permission, If they say that they can They are lying. These people lie all the time to scare people like me and you. I only wished I knew now a few years ago.

 

I recently asked for my charges and after a few months they have said they cant find my charges. As far as I am concerned I am not paying no more money on my debt as they could be owing me money. YOu have to stand strong. These people can wear you down and you do feel as though you want to give up. Just think theese people lie and threaten you and most times act unlawfully, telling you that you have no rights well you do. Reaasearh on the internet there is plenty of office of fair trading guidelines.

 

Demand that they stop interest. It still amazes me that these companies threaten people in different ways and the really pounce on the ones that are scared. I NEVER SPEAK to them only contact by writing as this is a great eveidence if ever it goes to court.

 

Listen

 

I made an arrangement to pay £5.00 a month and all interest stopped. They did that for about 1 1/2 years a few months ago they started charging me £4.60 interest and they didnt even tell me they were charging me. I wrote them a letter complaining of this they wrote back saying they are sorry the didnt inform me and the will refund all interest. I threatend them with oft. As i can only afford £5.00 i was not prepared to pay the ineterst as you can see i would never finish paying my debt. So i wrote to them and said I can no longer afford the £5.00 stop the interest. I also sent them the letter for my charges. I told them untill my account is sorted I am refusing to pay them any money.( As I had stopped paying them they put charges on my account). They refunded me all my recent charges and interest. Hoever I recieved a letter this morning stating that they can not find previous charges and they want me to send them evedience.These people are trying to wear you down. I will be contacting lloyds and tell them until they sort it out they are not getting a penny. And as my account iis in default they would be hard pushed to take me to court.

 

SO dont frieght. I thought Ill give you my story to let you know you are not alone.

 

Satoriea

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PS it is not your fault I use to think that. If they wasnt so greedy your debt would spiral out of controll. PLease dont frieght its just a way to make you get yourself into more debt.

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Thanks for your reply and for the reassurance. It does get me down as I feel like no one I know has been through this and they scare me into thinking I am under serious threat from bailiffs and from being taken to court.

 

I already have a Subject Access request but it is all just interest. I have asked them to stop the interest on the account, I thought they might have done it anyway considering it has been passed on to other DCAs. Does anyone know how to get them to stop charging interest?

 

Yesterday I got a letter from Geoffrey Parker Bourne solicitors, with the heading of 'Pending legal action' Does anyone know who GPB solicitors are? They have a very similar address to Apex.

 

Anyway the letter says:

 

"We have been instructed by Apex Credit Management in relation to your outstanding account in the sum of £1,980.14

 

Unless our client receives payment in full or a valid reason for non-payment of the account within the next 7 days, court proceedings may be taken against you without further notice.

 

Should court proceedings be issued, you may be liable for court fees and solicitors costs which will significantly increase your balance. In addition, if judgement is entered against you, it may impede your ability to obtain credit in the future.

 

Should you wish to avoid such action, you should telephone our client on 0871 2442808 and one of their advisors will discuss the matter with you.

Please note, we are instructed not to enter into correspondence with you at this stage but to refer you to Apex Credit Management. You can contact them on the number stated or at the address on previous correspondence."

 

 

Should I be worried? I have never heard of this firm before, not sure what they can do to me, can they take me to court?

 

Thanks

Edited by iamintrouble
my stupidity

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Yesterday I got a letter from Geoffrey Parker Bourne solicitors, with the heading of 'Pending legal action' Does anyone know who GPB solicitors are? They have a very similar address to Apex.

 

Anyway the letter says:

 

"We have been instructed by Apex Credit Management in relation to your outstanding account in the sum of £1,980.14

 

Unless our client receives payment in full or a valid reason for non-payment of the account within the next 7 days, court proceedings may be taken against you without further notice.

 

Should court proceedings be issued, you may be liable for court fees and solicitors costs which will significantly increase your balance. In addition, if judgement is entered against you, it may impede your ability to obtain credit in the future.

 

Should you wish to avoid such action, you should telephone our client on 0871 2442808 and one of their advisors will discuss the matter with you.

Please note, we are instructed not to enter into correspondence with you at this stage but to refer you to Apex Credit Management. You can contact them on the number stated or at the address on previous correspondence."

 

I have sent Apex a letter explaining that I can't afford it and that I am willing to set up repayment on the account. It seems like they passed the account straight on to Geoffrey Parker

 

Should I be worried? I have never heard of this firm before, I looked them up on here and apparently these guys don't play around. I am really scared this guys could take me to court.

 

Thanks

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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 working days from receipt, 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.

 

Furthermore, with regards 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 Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution 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 the Consumer Protection from Unfair Trading Regulations 2008, 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 if it is your intention to arrange a call from your 'Doorstep Collectors', 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.

 

(Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

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