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    • I hear what you say.   What does Theresa need to do, and pull together as a basis for the skeleton arguement? Proof of mental health assessment from her GP? Reference that part of the alleged debt is now statute barred? Lack of requested information from SW&S?   scmreferrals@justice. sent her an email 11th March 2020 offering mediation "A telephone mediation session of up to one hour is available to you on 01/04/2020 between 11.45 and 17.30." THEN: Another email from scmferrals was then sent within 2minutes withdrawing this offer of mediation.   Aside from the above. Would an SAR be of any use?
    • That advice is all good.  Thanks for everyone's help. its appreciated 
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    • A utility company is certainly a service provider and they are generally treated as such by courts, regulators et cetera.   Please don't be vague about any details that you give us if you want help. Were the advice we give here is free of charge – and it is generally speaking excellent advice and we help thousands of people, you should treat it as if you are paying £300 an hour for it and that means your best to help us so that we can help you solve your problems quickly and efficiently
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Apex credit management harassing me over overdraft payments


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Hi guys,

I had a student overdraft with hbos which I defaulted on because they added charges I wasn't aware of. This took me outside my agreed limit. After a while the debt was passed on to Blair Oliver and Scott debt collectors. After missing a few payments I was contacted by Apex Credit Management. I agreed to pay £20pm which I did for about 14 months until the last couple of months when I was out of work and couldn't afford it. I am a full time student.

 

They have since been harassing me on the phone so I asked them to send me a copy of my original credit agreement and to only contact me in writing. Before doing this i offered to pay £20 next week and again at the end of August. They refused to accept this.

 

Have I done the right thing by asking for the original agreement? Just worried they might seek the full amount now. What should I do? Any advice would be gratefully received.

 

Thank you.

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My first piece of advice would be to stop dealing with them over the telephone, you have no way of proving that they have refused your payments.

 

I would write and offer this amount, and inform them that you require their answer in writing, which will give you a paper trail for production in Court should it go that far.

 

The fact that you have been paying, and want to continue paying, will sit well with a Judge if they take you to Court.

 

Not too sure with requesting a CCA as do not know the 'ins and outs' of Student Loans. I cannot see it would cause any problems, they may well seek the full amount, but nothing to worry about there either, just lets take one step at a time and see what they come back with.

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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Thank you both very much. I do receive student funding but it doesn't go far. It's an overdraft rather than a loan the student loan payments don't start until you earn over £15000pa.

I am just fed up with the patronising and harassing attitudes and was hoping I could get them off my back. Any more help anyone could give regarding cca requests if applicable to overdrafts would be great. I really appreciate your help so far.

I will correspond with them in writing offering the £20pm and if they are ok with that then fine. If not I just want to know if there is anything I can do.

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**BB waves to guests**:p

 

TBH if I were in your shoes I would offer them only what I could reasonably and comfortably afford to pay them each week/month, regardless of whther they choose to accept payment or not.

 

A good way to go about this is to write offering an amount, say £10 a month, then when they refuse it, offer them £9 a month, and reduce it each time they refuse your offer of payment.

Well thats what I'd do, :rolleyes:.

 

If £20 is the amount you can comfortably and realistically afford to pay them, set up a standing order to pay this amount, however you will need to open up a new account with a different banking group else they will simply offset your payments using your account with them.

 

As for their harassing and patronising attitude, unfortunately they think this is the best method to use to get people to pay them, so put up the brick wall, ignore any phone calls you MUST keep EVERYTHING in writing so you have a paper trail of evidence if needed.

 

Always PRINT your name, there is no Legal requirement which states that you have to sign anything.

 

NO PHONE, NO SIGS, & STANDING ORDERS ONLY.

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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Thank you both very much. I do receive student funding but it doesn't go far. It's an overdraft rather than a loan the student loan payments don't start until you earn over £15000pa.

I am just fed up with the patronising and harassing attitudes and was hoping I could get them off my back. Any more help anyone could give regarding cca requests if applicable to overdrafts would be great. I really appreciate your help so far.

I will correspond with them in writing offering the £20pm and if they are ok with that then fine. If not I just want to know if there is anything I can do.

 

I think BB advice is sound and would be good to follow.

 

With regard to the CCA Route this is not applicable to an overdraft, it is only for Consumer Credit Accounts, ie Loans and Credit Cards. Many Creditors for a time, did not bother to keep an original copy of these and as they would need these to prove to a Court that you owe money, many accounts, although still owed, became unenforceable through a Court.

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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