Apex Credit Management

[Bemusedwithbanks]

I'm new to the site and I've just had the first letter from Apex Credit Management claiming to recover a debt due to LLoyds TSB in the order of 11K, and offering to settle for 50% of the debt. I'm not sure if they have any entitlement to claim for the outstanding debt as the agreement is with LLoyds TSB and had no prior knowledge of them prior to the receipt of the ir correspondence.

Does anyone know if they have any third party rights in respect to this debt?

By way of background, the overdue debt has arisen because I changed bank accounts form LLoyds TSB to Barclays and asked them (Barclays also wrote and asked them) to transfer over standing orders/direct debits etc to the new account but Lloyds refused because of contested bank charges.

Any advise anyone can give in respect to Apex and whether or not they have a right to claim this money would be greatfully appreciated.

[Pinky69]

Tell them you have received no Notice of Assignment from Lloyds and will have no dealings with them whatsoever until and unless you do.

[jed52]

Welcome to Cag, BWB.

If Apex are offering a 50% discount, it sounds like Ltsb have sold the alleged debt on to them. You should have had a notification (NOA) from Apex telling you they have bought the debt, and usually one from the bank telling you they have sold it. I would ask the bank if they have sold it on.

Report them to the relevant bodies FSA, TS, etc, for not following guide lines.

Next, if they have sold it on you will have to deal with Apex from now on. Look in the template section for the 'Prove it' letter and send that to them.

Send it recorded del. and DO NOT sign it. Print your name only. If it proves they have a right to chase the alleged debt, then send them the CCA 1974 request letter with a £1 postal order and dont sign the letter again, and once again, recorded del.

Other people will be on to help you more, the advice I have given is just what I have done in the same situation. If they have no credit agreement they cant take you to court to make you pay.

If you have not acknowledged or paid anything on it for 6 years then the debt is statute barred, which means that nobody can collect on the debt at all.

Hope this helps. jed

[angryandy]

What are the debts for?

 

Bit more info in order to get the best advise please.

[Pinky69]

The Notice of Assignment must come from Lloyds and under the Law of property Act 1925 S136 they must send it by Recorded Delivery. There is no "usually send one" - they must send one by law.

[Bemusedwithbanks]

Thank you Pinky69 your advise is greatly appreciated.

[Bemusedwithbanks]

What are the debts for?

 

Bit more info in order to get the best advise please.

It was an unsecured loan to buy a car. The issues in respect to payment have arisen because I changed bank accounts (and both myself and the new banks wrote and asked them to transfer the direct debit over to my account with Barclays and they refused due to alleged non-payment of bank charges which are being disputed. Lloyd then wrote to me several months later to ask me to fill in direct debit forms to transfer the loan agreement, which I did the next thing I know (2 months) later is that Apex have materialised on the scene.

[Bemusedwithbanks]

Welcome to Cag, BWB.

If Apex are offering a 50% discount, it sounds like Ltsb have sold the alleged debt on to them. You should have had a notification (NOA) from Apex telling you they have bought the debt, and usually one from the bank telling you they have sold it. I would ask the bank if they have sold it on.

Report them to the relevant bodies FSA, TS, etc, for not following guide lines.

Next, if they have sold it on you will have to deal with Apex from now on. Look in the template section for the 'Prove it' letter and send that to them.

Send it recorded del. and DO NOT sign it. Print your name only. If it proves they have a right to chase the alleged debt, then send them the CCA 1974 request letter with a £1 postal order and dont sign the letter again, and once again, recorded del.

Other people will be on to help you more, the advice I have given is just what I have done in the same situation. If they have no credit agreement they cant take you to court to make you pay.

If you have not acknowledged or paid anything on it for 6 years then the debt is statute barred, which means that nobody can collect on the debt at all.

Hope this helps. jed

Jed69, thanks for all the advise its greatly appreciated.