Apex credit management

[garythai]

hi guys after about six months of fighting with AIC i think they have given up and sold my debt on to apex, are these people to be treated in the same manner ie request CCA and so on and so forth ? any advice much appreciated.

cheers

garythai

[harrassed senior]

Have you already CCA'd AIC, if you have and they supplied nothing, or nothing enforceable then it would just be the 'why has this been passed on, this is not allowed' in dispute letter.

[garythai]

hi yes i sent AIC dispute letter but they just kept ringing which i ignored they supplied nothing now it seems they have passed it on to apex what should i do now ? any idea's ?

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Just send them that, then ignore any other drivel they send you, they should pass it back to the OC.

[garythai]

oh dear i did not know what to do so i sent the new DCA ( APEX) a new cca request. They have replied and say i must apply to RBS for this but as they have taken this debt from AIC surely they should be the people to supply this to me. shall i still send them the above letter ?

any help much appreciated

cheers

gary

[cerberusalert]

It's their responsibility under CCA 1974 to provide the CCA when requested;

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.

 

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale & edit the quoted paragraph into it.

[garythai]

Hi all, this is the latest instalment from apex, having sent them the CCA request they replied with the you must get in touch with RBS routine which i ignored, i waited the 12+2 days and then sent them the account in dispute letter.

Today i have just received a letter from HL LEAGLE & COLLECTIONS solicitors

saying:-... THAT UNLESS OUR CLIENT RECEIVES PAYMENT IN FULL OR A VALID REASON FOR NON-PAYMENT TO THE ACCOUNT WITHIN THE NEXT 7 DAYS THEN COURT PROCEEDINGS MAY BE TAKEN AGAINST YOU WITHOUT FURTHER NOTICE.

A few other threats follow all containing the MAY word, now from experience i take this to mean that they, may not or cannot, as they obviously cannot suppy the correct documentation (CCA). any way just wanted to check with you professionals what if anything i shoud do now.

thanks in advance for assistance in this ongoing saga.

cheers

gary

[cerberusalert]

Send them this;

 

Dear Sirs

 

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

DO NOT SIGN

[garythai]

could i possibly send them the letter in BAZOOKA BOO'S reply ? (above)

gary

[garythai]

wow that was quick thanks, does this go to HL LEGAL or apex ?

thanks again

gary

[cerberusalert]

Hl Leagle & Collections

[Bazooka Boo]

Desperate desperate fools, this is going to be a good few years watching all these lowlifes go to the wall, or be forced to toe the legal line!

[harrassed senior]

You know, sometimes just sometimes, don't you feel like you are banging your head against a brick wall.

 

Edited June 30, 2010 by harrassed senior

[garythai]

hi guys just to you let you know i never heard anything back from HL Legal, but just recieved this from APEX hope i can upload this ok just need some advice on what the next move should be, sorry but there's three pages of it here goes

 

 

sorry guys see two posts down

 

 

 

 

any advice much appreciated

gary

Edited July 23, 2010 by garythai

[garythai]

apex.jpg

 

 

 

ihope this is it now

[garythai]

 

 

 

 

i hope this is right now getting a bit stressed