Apex Credit Management

[hobster]

Hi First post!!

 

My debts are as follows;

 

£13000 Loan (8500 remaining) loan with Lloyds

£2000 credit card lloyds

£2000 credit card Capital One

£4000 credit card Barclaycard

 

All taken out before April 1997

 

Have now got Apex Credit Management ringing and sending threatening letters, have read a few posts on here with people asking them to prove the orginal debt with a caa?? Is this my best course of action and how do i go about it?? they are acting on behalf of Barclaycard

[Melbel]

If you havent acknowledged or paid anything toward those debts they are statute barred.. there should be a standard letter template on this site for that. someone with more experience with me should be along soon

[hungrybear]

send them the bemused prove it / cca letter. ask for statements showing when last paid and how the amount is made up.

[vjohn82]

Your address here

 

 

 

Date

Their address here

 

 

Their reference here

 

 

 

To Whom It May Concern,

 

I am writing to you in response to a letter I received dated [insert date] referring to the above reference number.

 

I have no knowledge of this account and do not recollect owing money to either [insert original creditor/company name if one is specified] and/or [enter debt collection agency name]. If you wish to pursue me for this debt then I require you to provide adequate proof that I owe the money in question in line with the Office of Fair Trading Debt Collection Guidance (updated in December 2006). I do not feel I should be coerced in paying something I do not owe for obvious reasons and, therefore, it is in your interests to furnish me with any information you have on record which links me to the above account.

 

There are a number of documents which you can provide to me in order to prove your lawful entitlement to this debt such as a Notice of Assignment, a default letter, a consumer credit agreement OR a full statement of account showing how the balance has been made up and payments made.

If you cannot provide such details then I require this in writing without undue delay. Please note section 40 of the Administration of Justice Act 1970 applies:

 

"Section 40 of the Administration of Justice Act

 

“S40 Punishment for unlawful harassment of debtors.

 

1. 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 a contract he-
   
   • harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
     
   • falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
     
   • falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
     
   • utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not."
     

 

 

I look forward to receiving your response.

 

 

Yours faithfully,

 

 

[insert your name here]

DO NOT SIGN YOUR NAME

[42man]

You mentioned that you had taken them out in 1997...when was the last time you made a payment towards them ?

[PGH7447]

correct 42 man:D, I would in the first instance send a cca request to apex for what ever card / loan they are chasing

[hobster]

Hi thanks for all the reply's

 

42-man It was nearly a year ago I paid Barclaycard - yes the card was issued before April 1997 although most of the spending on it was a later date

[hungrybear]

Hi thanks for all the reply's

 

42-man It was nearly a year ago I paid Barclaycard - yes the card was issued before April 1997 although most of the spending on it was a later date

 

 

when you 'allegedly' spent on it is irrelevant what matters is that its a very old agreement. as said above send a cca request and see what you get back

[hobster]

Excellent thanks for all your help I'll keep you posted - do you think it's worth while trying this trick with all my lenders?

[hungrybear]

Excellent thanks for all your help I'll keep you posted - do you think it's worth while trying this trick with all my lenders?

 

 

It is not a trick to ask them to prove that they have a legally enforceable debt. I would cca everyone if it were me, just to see at what level of repayment I need to be negotiating.

 

If you know it is/isnt enforceable you can then decide what to do/pay next

 

and just for the record I dont pay anyone that cannot prove it - 100% g'tee that a bank would not give me a penny they didnt legally have to, so I return the favour.

[hobster]

Ok thanks hungrybear nice to get some honest advise, all companies I've ever asked for debt advice have always tried to sell me something!! So if the agreement is unenforceable the debt is written off? or does it mean they just cant take me to court?

[F_DCAs]

If they're that old, and especially LTSB, the chances the CCA requests will ever be honoured is slim.

 

LTSB will also try to fob you off by saying that statements pre-1999 (if you ask for them) can't be provided - this is a lie, as they're supposed to keep accurate records for at least 6 years (this is to do with money laundering regulations) after the closure of an account.

 

Has anyone else had a letter stating the same, as written admission of this may get LTSB into trouble for contravening money laundering laws?

[F_DCAs]

If they're that old, and especially LTSB, the chances the CCA requests will ever be honoured is slim.

 

LTSB will also try to fob you off by saying that statements pre-1999 (if you ask for them) can't be provided - this is a lie, as they're supposed to keep accurate records for at least 6 years (this is to do with money laundering regulations) after the closure of an account.

 

Has anyone else had a letter stating the same, as written admission of this may get LTSB into trouble for contravening money laundering laws?

[hobster]

Sorry just realised my earlier mistake I said all pre 1997 i meant pre April 2007 does this change anything?

[GAVBU28]

I sent a CCA to apex a while back and they ran for the hills never to be heard of again.

 

Certainly the route to go down.

[hungrybear]

Ok thanks hungrybear nice to get some honest advise, all companies I've ever asked for debt advice have always tried to sell me something!! So if the agreement is unenforceable the debt is written off? or does it mean they just cant take me to court?

 

 

It means they cannot take you to court. They can ask you to pay and you can say no. You can also say I'll give you x% final settlement if you remove all traces of a default from my cra files.

 

In other words you are in the driving seat.

 

It is worth noting that cca request does not constitute any kind of 'notice of legal intent' or anything. All you are doing is saying do you have a copy of the agreement for me please.

[hobster]

Ok thanks hungrybear your advise apprichiated - just had another company called Red chasing me after an amount I owe to o2 dated from about 3 years ago does a cca apply in this case?

[hungrybear]

Ok thanks hungrybear your advise apprichiated - just had another company called Red chasing me after an amount I owe to o2 dated from about 3 years ago does a cca apply in this case?

 

 

No mobile contracts are not CCA. Still need to send them a prove it letter, that it's your account and the amount is right and they have the right to ask for it. So same basic principle as a CCA but without the CCA (if that makes sense:roll:).