Help with Apex Credit and Wescott Credit

[Rendesi]

Please bare with me, this could be a long explanation before the questions come in. (this has also been asked on another forum, however the more opinions I recieve, the better my decision will be. If this is in breach of forum rules, I understand but, can't hurt to ask in more then one place).

 

(Skip to bold for questions.)

 

 

I have just been on a YouTube 'bender'

(was going to bed at 11pm to midnight yesterday, now 13:35pm lol)

culminating in my discovering a wealth of information regarding Council Tax, Debt Collectors and Debt in general and found some very useful information.

 

I got into financial trouble back in 2009/10.

 

I was dismissed from my place of employment, and did, at the time, advise my then bank, Lloyds TSB of the situation.

 

Things eventually escalated, however I was still in contact with the bank via letters.

I began recieving the calls from their delightful indian call centers.

Most of which I ignored at the time the ones I did respond too, were all told that I was dealing with the situation with the bank.

 

I eventually called for a meeting with my Bank Manager (turns out it wasn't, it was a woman acting on behalf, I believe)

and laid out all my information, the fact that I was in negotiations with them, and nothing seemed to be happening.

She did say she would look into it but negotiations may have to be completely restarted.

 

A couple of weeks later I recieved letters from two 'Credit Services/Management' companies, aka Debt Collectors; Wescott and Apex.

The debts were/are; One Loan, One Credit Card and One Overdraft, all with Lloyds TSB.

 

I, at the time, had, I thought, no alternative other then to agree to make payments to them

(, most letters marked debt collectors tend to make ones bowels move a little quicker),

 

two of the debts to Wescott and one with Apex

(still do not know why the debts were split in this way).

 

All agreements to the Debt Collectors to my memory were done over the phone,

I have signed no paper documents in their possession,

however If I remember correctly I may have signed a Direct Debit confirmation, cannot remember.

 

My question, is there a way to deal with this, or, has the ship sailed long ago?

The direct debits were set up at the end of 2010, It is now 2012.

Have i missed my chance to ask for evidence of debt?

Does my payment via Direct Debit count as me admitting the debt?

 

Answer.You can request information at any time CCA and or SAR.

Any payment is acknowledgment of the debt.

 

Am I able to request a copy of every single dealing I have had with them in the past,

including any possible voice recordings where possible,

and also verification of the debt. Or, as with above, have I missed my chance?

 

Answer: You need to do a SAR for this and a seperate CCA request.

 

From various sources online,

I can request an 'Assignment Notice'.

Could I only do this BEFORE making payments or can this be done at any time.

IF they cannot provide confirmation that I have the debt,

 

Answer: Would be supplied with SAR.

 

I assume a piece of paper with my signature on (contract of some sorts),

the debt is effectively nulled.

Am I right in this assumption?

Or am I waaaaay off target?

(some clarification here would be very nice if possible).

Answer: No Absense of paperwork does not mean that

the debt cannot be collected, just that it cannot be enforced in court.

 

Can I simply cancel direct debits, and send off template letters from another site or do I now not have a leg to stand on. I'm assuming it would not be possible in my case (I always miss good opportunites)

Answer. You have acknowledged the debt and have been paying, stopping payment could well lead to court action.

 

Note;

 

This has been going on since 2009/10. The debt collectors became involved in 2010.

 

I have Direct Debits with both DC's. All three Direct Debits have been running without hitch since 2010.

 

I apologise for the massive wall of text but I would like advice and clarification before proceeding with any foolish YOU WILL BE DRAGGED TO COURT FOR TRYING AND FAILING action.

 

(* note to anyone who may think I'm simply trying to get out of this debt, that was not my original plan, I was in talks with Lloyds TSB on how to pay this debt back. Im [bLANK] off that Lloyds effectively threw me to the wolves whilst I was STILL talking to them, and therefore want to know how I can deal with this.)

[dx100uk]

who owns the debts

 

see you cra file

 

ever though of reclaiming?

 

dx

[Rendesi]

who owns the debts

 

see you cra file

 

ever though of reclaiming?

 

dx

 

I would assume I own the debts as it's effectively my name they are in. How would I check this?

 

With the Credit file, does it cost me to check this. May years ago I was registered with Experian, not sure I could a free report again.

 

Reclaiming? If this is in relation to PPI, that was done back in 2008/09, money reclaimed paid other minor debts.

[BRIGADIER2JCS]

DX means which companies eefectively own the debts

the debt collectors or the original creditors?

[Rendesi]

With the way two of the letters I have are worded;

 

Apex = "Apex Credit Management has recieved instructions from our client Lloyds TSB Bank plc regarding your account above. Our role is to act as an intermediary between you and our client to ensure the debt is repaid". - That seems to me, the debt is still with Lloyds TSB. (this was from an initial letter, before Direct Debit was started.)

 

Wescott = "Further to our recent correspondence regarding the above account, passed to us for collection by our client, Lloyds TSB plc, we note from our records that the balance of £x,xxx.xx remains outstanding." - Again, it seems the debt is still 'owned' by Lloyds TSB (this was on a, hey you've been paying regularly, we can reduce the amount if you pay in full now letter).

[dx100uk]

the cra will tell your the owner

does it show?

 

try noodle its free.

 

dx

[dx100uk]

are you saying here also you've had offers of 'discounts'

 

dx

[Rendesi]

are you saying here also you've had offers of 'discounts'

 

dx

 

Just signed up to Noddle, waiting for the PIN to come through. Yes, as I have been making regular payments via Direct Debit, they have from time to time made offers of reductions IF I were to clear the balance in full, which is out of the question.

[Rendesi]

Ok, having checked on Noddle, I see no owner listed, only Lender, which is Lloyds TSB for all three accounts, I would assume this counts as the owner?

[BRIGADIER2JCS]

Correct.

[dx100uk]

urm..

 

something doesn't sit right here with these debts

 

are you aware from statements from lloyds that the balances ARE going down.

 

i bet there must be PENALTY charges / PPI involved somewhere here too

 

as a discount usually means that or no enforceable paperwork.

 

pers i think you need to SAR lloyds.

 

dx

[Rendesi]

Just noticed my initial post has been edited, thank you.

 

So, request CCA and SAR on all three accounts (in one letter or seperately),

in writing to Lloyds TSB or via debt company?

 

When it comes to reference numbers, whose do I use as the Credit card was destroyed once this began, cannot find full number, effectively the same with Loan and Bank Account numbers.

 

EDIT in light of post above;

Haven't recieved anything from Lloyds TSB in relation to these accounts since the Debt Collectors took over,

they have also been cleared from my Lloyds online account (still have that as I have an ISA with £0.01p balance).

 

PPI was definately reclaimed on everything I could. The reductions offered are in light of my paying on time every month I believe.

 

Detailing more from the letters. Wescott says "Our client is prepared to assist you in clearing this debt by offering you the opportunity to make a reduced settlement on the outstanding balance on very favourable terms." This was on a letter sent 4 months after Direct Debits were set up.

 

I have several for Apex;

 

11/2/2011 - "We have recently reviewed your account and acknowledge that you are making regular payments to clear the above outstanding balance" blah blah blah " we would like to take this opportunity to offer you a reduced settlement on this account."

 

19/7/2011 - "Our client is aware of the difficult financial circumstances that a number of their customers are currently experiencing" "As a result they have authorised us to consider a discounted settlement figure against the above listed debt."

 

16/11/2011 - "With the new year only a few months away we are pleased to inform you that your accound may be eligible for a significant settletment. Discounts of up to 20% may be available depending on your current financial situation".

 

13/12/2011 - Exactly the same as 11/2/2011. Always offering 20%.

Edited April 28, 2012 by Rendesi

[dx100uk]

for an sar you dont actually need to put any account numbers etc

 

though if you wish you can indicate you think it might be..

 

the SAR is ALL data they hold on you.

 

SAR ALWAYS goes to the OC never a DCA

 

as for copies of agreements.

 

you can insert a line in the SAR

 

this is to include any/all agreements i have ever had with your company

 

dx

[BRIGADIER2JCS]

A SAR will produce the data for all the accounts you

have with them so only 1 £10 fee for each creditor.

 

You will I believe have to make a separate CCA request

for each account, in confirmation of a question I posed

to the ICO they have stated that although the may expect

a creditor to send a copy of the agreement there is actually

no obligation for them to do so.

[Rendesi]

SAR it is then.

Having looked at the link, I assume this is the address I should send to, recorded delivery of course.

 

With the postal order (been a long time), does it need to be 'crossed' or marked to Lloyds TSB, or simply place in the envelope?;

 

Data Controller LLOYDS TSB BANK PLC

25 GRESHAM STREET

LONDON

EC2V 7HN

 

Once/if I recieve the information, what should I be looking for? (apologies for all the questions).

[BRIGADIER2JCS]

Worry not about the questions we are here to try to answer them!

You have the correct address, when you get the data let us know

and we will help you through it.

[Rendesi]

Will do, do like the avatar pic Brigadier. One final question before I start this (printer is ready to go), with Account numbers, what can I actually put as I have no record of them anymore (2 years ago, stupidly, all papers were shredded when I thought I would get no further). From Noddle, the final 4 numbers are there, should I copy paste that, including the X's?

[BRIGADIER2JCS]

Ok, Your full name DOB and all addresses that you have

lived at while you had the accounts, any references that

the DCAs have used on correpondence because they should

contain the original account numbers.

Send the SAR recorded delivery so you can track delivery

date the 40 days run from when it's signed for..

[Rendesi]

Roger that, I shall be back in 40 days (we know it will be exactly 40 days before they respond, I assume), and also periodically from time to time see if this has had any other visitors.

 

Thank you to all for the assistance so far.

[Rendesi]

Assuming the above people remember me (it's been a while). I received a letter from Lloyds TSB on the 22nd May informing me that the SAR had been received (nice of them, it only took 21 days to tell me it had arrived).

 

They clearly state in the letter that the information I had requested would be sent by the 10th June. It's now the 8th, assuming it doesn't arrive tomorrow, the deadline they placed (I have 40 days on the 9th) will have passed.

 

What action could I take, assuming the date on their letter is 11th +? This is a bank who charge exorbitant fees for late payment, I believe I would be justified in taking action against them for late delivery.

[Old Cogger]

if they are late and you still not received complaint to ICO who will chase, but be prepared for yheir answer after you receive package that LLoyds apologise and have rectified their system end of matter. ( happened to me with HSBC)

[Rendesi]

Right then, the 4kg package containing (almost) all my data has arrived. I have no idea where to begin and what to look for. According to a letter included, they are still awaiting information to come in from Apex Credit (what could they be waiting for, why would Lloyds need information from them?).

[BRIGADIER2JCS]

Probably details of what ''action'' Apex took to

recover the debt and correspondence between

all 3 parties.

[dx100uk]

have a browse through looking for PENALTY charges

 

you could get a reclaim going here that might wipe the debt too.

 

dx

[Rendesi]

PPI was done on everything many months ago. I'm assuming you are talking about Overdraft/Late Payment. I did try once before, and got told no by them (this was in 2009, my letter to them was included in the SAR so I shall take another look), have the rules been changed on this since?