Unenforceable account being chased

[stripper]

Early last year I requested my CCA etc from Apex.They were DCA's for NABG(Was Yorkshire Bk)

Their final response was that they cannot produce the docs and therefore the account is unenforceable in a court of law.They sent the account back to NABG.

Today I get a demand from Jeremy Sutcliffe acting on behalf of YB! and due to my apparent non response to numerous requests for payment have charged a fee to the account for admin.

What can you recommend as a suitable respose(apart frm get stu""ed)

Many thanks

Stripper

[willtheywontthey]

Subbing. Would have given some advice but all my advice is well out of date it seems as I've been out of the info. Loop of late and things seem to be different. If it helps I keep getting threats despite the dca or oc admitting cca is unenforceable in court. I don.t think they should charge admin fees but then again cannot justify my view sorry!!

[ims21]

Hi

 

"Get stuffed" sounds fine to me or just ignore.

 

And you won't be paying JS admin fee either...simples

 

Let them play their cards.

 

Rule of thumb is "No CCA = No Pay"

 

Regards

 

ims

[Fred Bassett]

Well there have been a number of cases on here where people have billed DCAs for having to reply - even going as far as to threaten court action. It would be worth looking around for one of those. I have a feeling that one thread is entitled 'turning the tables on DCAs'. If I can find it I'll post the link. I think this would be the perfect response.

 

Fred

[ims21]

I think there's one where Happyhippy has done just that in the last few days....£25 on a formal invoice no less

 

Can't find the thread though

 

 

ims

[Fred Bassett]

Here's the thread I was referring to: http://www.consumeractiongroup.co.uk/forum/showthread.php?257619-Turning-the-tables-on-DCA-Bullies

[stripper]

Thanks Caggers,most helpful.I will send my response reminding them of 'unenforceable agreement'

Nice to be able to turn the tables on them!

Stripper

[brokebutnotbeatn]

Why don't you send them Apex's letter and ask them is anything has changed???

[stripper]

According to Apex at the time,they had actually bought the account and it was theirs legally etc etc.When they admitted that they could not furnish me with the correct evidence,they said that they were returning the account to NABG and closing the account at APEX.

So who really has ownership as the letter implied that they simply returned it to their client.

How can NABG be a client when the account had been purchased from them.

Or have I missed a trick here?

[postggj]

depends on how the account was assigned from the original creditor to the dca

 

if not absolute then the dca may have a caveat to return the account back to the creditor under certain circumstances

[stripper]

Hi postggj

I quote part of their letter to me:

"please accept this letter as official notification that Apex Credit Management has purchased your account and all rights ,interest and claims in respect of all amounts outstanding on this account as of (date) have been assigned to Apex Collections Ltd."

What's your thoughts on this ,does this imply 'absolute' or is the statement trying to mislead?

[postggj]

Well then

 

with that statement its an

 

absolute assignment

[intend]

I would send letter to OC stating they have no right to collect this debt as they do not own it. And as happyhippy does - send them an invoice for their trouble.

 

Intend

[stripper]

Just as well, it pays to keep records doen't it!

Thanks a lot for the valued help and advice.

I will keep you posted re any further developments