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Hi All

 

My husband has received a letter from Apex informing him they have bought his debt although we have been paying monthly to them for many, many years. He wrote back asking for a copy of the agreement with the £1 postal order.

 

They have sent a letter back saying "We will continue to chase ++++++ but would like to manage your expectations by explaining that we are limited on the number of requests we are able to send." Does this mean we have to allow them longer than the 12+2 days, which includes the bank holiday (for which we have added an extra day) is the 8th of June.

 

Any advice would be wonderful.

 

Thank you

 

LT icon7.gif

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Hi little teacup

 

I would say that its a load of old baloney, a CCA request is an official request for them to provide a "true copy" of your original credit agreement. The period you are expected to wait until the claim goes into dispute are the same whether they are "managing your expectations" or not and the number of requests they have does not affect your rights.

 

Once they have had the 12+2 it puts the debt into dispute, just sit back and wait!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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the 12+2 days refers to 12 working days+ 2 days for service (postage) although you should allow for the bank holiday and weekends, there is no allowable leeway for their administrative failings. This is not an interpretation of the law, this is the letter of the same law that they try to squeeze you with

 

Once the 12+2 days have passed without production of the CCA they should refrain from any enforcement until they are able to furnish the document.

 

One step at a time is the best way to proceed, don't let them worry you, they are all bull and bluster and rely on your fear, panic and worry to maximise their returns on debts they buy for coppers in the pound

Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Please remember that the alleged debt remains live, not receiving the agreement just puts the account into dispute.

This means that the debt cannot be legally enforced.

You can legally withhold payment if you wish, it also puts you in a very strong bargaining position for a low F&F offer, it has been said on here where people have been successful with offers as low as 5%.

Please seek advice before doing this.

Good Luck

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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...but would like to manage your expectations by explaining that we are limited on the number of requests we are able to send.
Uneducated drivel. They are bound by CCA 1974 to provide a copy... end of. :rolleyes:

 

Translated it says they realise that the a/c is so old it is likely that they won't be able to provide an enforceable agreement.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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  • 2 weeks later...

Good Morning all

 

As I expected I have had no documents from Apex and I am going to post (registered of course!) the letter which you kindly gave me the link to.

 

What will happen next? Sorry for what may seem A dumb question but I haven't done this before. Usually I am just a timid mouse but I am getting fed up of being trampled on! :oops:

 

LT

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Hello All

 

Today I have received not one but two letters from Apex from different departments.

 

The first one I opened contained 7 double sided A5 sheets and a letter stating "Please find attached your statement of account as requested. Please now contact the office as a matter of urgency to arrange payment."

 

The second letter states "....most sorry to learn that you have been dissatisfied with the service we have provided and will be conducting a through investigation into your concerns. Once we have completed this we will write to you again."

 

They have also enclosed a copy of their internal Complaints Procedure.

 

The second letter has also given us a new surname!

 

Sorry to mither but what do I do next.

 

Thanks a million.

 

LT:)

Edited by little teacup
missed out a space
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Sorry to mither but what do I do next.
Nothing, the ball's firmly in their court now 7 the a/c remains in dispute until the produce an enforceable agreement.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Too lazy to look back, did you send the account in dispute letter? If you did then as Cerberusalert says above, do nothing balls in their court and they know it.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

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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Thanks for the replies, sorry for not answering sooner had to make tea!

 

Yes I did send the account in dispute letter.

 

Also on the statements they have sent some of the payments are very strange. We have always paid either £2.00 or £3.00 and the payments listed are for £1.77 and £2.65. All interest and charges were frozen any idea why the payments received are different to the payments we sent?

 

Thanks for all the help and advice.

 

LT :)

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Did you send payments by Paypal?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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  • 1 month later...

Good Morning All

 

A copy of the credit agreement requested from Apex arrived today. Can anyone tell me if it is correct. I have taken off all identifying marks. They also sent a copy of the terms and conditions but only pages 3 & 4. And they also quoted Judge Waksman CCA.

 

Thank you for looking and your help and advice.

 

LT

 

http://i1020.photobucket.com/albums/af322/silverblinds/Apexwithfigures.jpg

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One of the other site team have looked at it for you & I'm afraid it all seems in order.

 

Have you been defaulted on it yet?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thanks for letting me know! It must have defaulted many, many years ago as we have been paying £3 per month for over 10 years!!!! I just wanted to know it was all above board.

Thank you very much.

LT

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Where did you sign this agreement?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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I thought it would have been but I thought I'd ask just in case. If it had been at home we would have had an argument against its enforceability. But alas it closes that particular door.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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