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Apex Credit Management & Monument

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First time using this forum so please excuse me if I have not posted in the right section.

 

My husband had a credit card with Monument in excess of 6 years ago, credit limint £250. He used the limit on the card and then stopped making payments. He then ignored any request for payment.

 

Over the years Apex Credit Management have been in touch via letters and telephone calls. My husband has acknowledge the debt and in the past offered to make a lump payment of half the balance outstanding, this was refused on several occasions. There is no record on my husbands credit file in relation to this debt, not sure if that is relevant or not.

 

I am in possession of a recent letter which states that the current balance outstanding is £911.25. We have no information on any of the charges that have been applied to the account. My husband has requested a breakdown of the account from Apex several times but has never received one.

 

What I want to know is is my husband required to pay the full outstanding balance in order to get rid of the debt? Where do we go from here in order to settle the account?

 

I'd appreciate any advice on this matter.

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what

 

dont pay anything!1

 

have you CCA'd them ever?

 

dx


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First of all, do you live in Scotland ?

 

Questions..

 

When was the last payment made to this account ?

 

If longer than 5 years in Scotland and 6 in England, this debt may well be statute barred (this means that whilst the debt hasnt gone away - then they will not be able to take court action to recover the debt).

 

If the answer to the question above is yes.. then simply send a Statute Barred letter from the CAG library do make sure you send the correct one as there are versions for both Scotland and England. Once they are in receipt of your SB letter, they should according to the OFT and their own agency guidelines cease pursuing you for the debt. If they continue then this is purely harrassment and can be stopped.

 

If the debt is not statute barred, then you are entitled to a complete breakdown of the sum they are claiming, to identify any default/penalty charges and from what you say, any balance is likely to be all charges !

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Thanks for the quick response!

 

I live in Scotland

 

No payment has been made to the account in the last 5 years. I will send off the Statute Barred letter and see what happens.

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Excellent - Make sure you choose the one for Scotland SB debts - give a shout if you are having problems locating it.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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