Apex Credit Management - Point in the right direction CCA

[mat02920]

Hi everyone!

 

Been a few years since I have posted but I have a new issue where I think I may be able to challenge a debt. This time with Apex CM. I just need pointing to the right thread or to just get advice here.

 

To cut a long story short I had an overdraft with Lloyds TSB however, at the time of being a young immature student I decided to open an account with Natwest too. This resulted in me ignoring my overdraft with Lloyds for a number of years and as a result they sold the debt to Apex credit management.

 

Fair enough it's my debt and I have been paying it off steadily at £60 per month but I am now unemployed and this takes quite a large chunk of my jobseekers (which I hope not to be on for very long!). I stumbled accross something in the consumer credit acts' 2006 amendment which allows you to challenge the debt as being unenforecable if the original 'prescribed items' cannot be found and if the debt was taken prior to April 2007. This would apply to me I think.

 

Question 1) Does this apply to an overdraft as well as credit cards and loans?

 

Q 2) Are there any threads where I can get advice?

 

Q 3) Should I stop the payments to Apex, wait for the letter telling me I have stopped after which I send a letter back explaining the CCA jargon and thus challenging them to a duel?

 

Thank you in advance for you help! From a poor 27 year old who is still paying the price of 'free money at uni'.

 

Mat

[harrassed senior]

Question 1 - No, not this part.

 

Question 3 - As you are on Jobseekers, the maximum you should be paying is £1 per month.

 

How long since you made a payment? This will be the date that the SB clock will commence.

 

How much was the O/D originally, have they been adding interest, and how much have you paid off?

[firstship]

Question 1...........No you cant CCA an overdraft CCA 1974 does not apply.......Question 2............The route I would take is advise Apex of your current situation and only pay what you can honestly afford,they will probably ask you to fill in I&E form you do not have to,just pay the amount you can afford...Question3..........Do not stop paying as CCA does not apply but as my reply to Question2 only pay what you can afford,Apex wont like it but if it went to court ,you have been making regular payments the court will be on your side.................FS

[mat02920]

Hi Both, Thank you for your replies. OD was for £2k and last payment made was 27th Oct - fortunately they haven't added interest. I've paid off around £780.

 

So in summary best I can do is try to reduce the payments? I know if I had the money to hand they would settle for a lesser amount but unfortunately I dont.

 

Cheers

 

Mat

[firstship]

A payment this month,so as I said in thread 3 carry on paying the reduced amount that you can afford,Apex will not like it just pay what you can ...............good luck..............FS

Edited October 29, 2010 by firstship
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[babybear39]

SAR the OC. You may be surprised what you find and might end up not owing them anything if charges are found to be unfair...