Apex chasing Natwest Account i'm already paying to Natwest £1PCM

[blimthepixie]

Hello all,

 

I have another DCA on my back now,

 

this time with an existing Natwest account.

 

This is my existing student bank account and I already have an arrangement with Natwest to pay token payments of £1 pcm until my circumstances improve.

Unfortunately this has been going on for a number of years due to never having enough cash to settle the debt quicker.

 

I've received from Apex.

 

They wrote to me advising that Natwest had instructed them to "manage my account",

I sent them a "prove it" letter as I was still paying Natwest.

 

They replied with some flimflam about being disapointed with me ignoring their attempts at contact

and they have "external sources" that prove I can pay the debt.

 

So I CCA'd them, they replied with this:

 

"I can confirm that this request needs to be made directly to the Royal Bank of Scotland as they are the principle company with whom the agreement was reached.

Your request will need to made in writing to the address below (RBS address) along with the enclosed applicable fee of £1.00 made payable to the "Royal Bank of Scotland""

 

I replied with this, coupled with the original CCA request

 

 

"I recently requested that you supply me a copy of the alleged Consumer Credit Agreement,

pursuant to Section 77-79 of the Consumer Credit Act 1974 (CCA 1974).

 

If it is your view that you are not the creditor, Section 175 of the CCA 1974 applies in the case of a simple assignment,

and places a duty upon you to pass this request to the creditor.

 

In the case of an absolute assignment, you are a creditor as defined by Section 189.

If you contend that you purchased the rights but not the duties of any agreement, you are reminded that Section 189 of the Act

is clear that an assignment is of both rights and duties. Your attention is drawn to Sections 5(2), 3(b), 6 and 7

of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

Attached is a copy of my original request and the original payment in the sum of £1.00, which is the statutory fee

- remember these funds are not to be used for any other purpose."

 

I waited a few days, got a reply and it was the same as their initial reply stating I have to CCA RBS myself.

 

Can anyone shine any light on this?

 

I have been following advice given on this site and it's been great so far.

I am happily paying Natwest. I wish I could legitimately send Apex a letter telling them where to go...

 

Thanks in advance for any advice given

 

Tom

[AndyOrch]

They are only collecting on their behalf hence the debt has not been assigned so they are not at liberty to respond to your section 77 request.Ignore them keep making your payment to RBS.

 

Also you cant use a section 77/78 on a current account ...they are exempt from the CCA1974 except for Part V

 

Regards

 

Andy

[blimthepixie]

Ok thanks Andy.

[dx100uk]

are you saying this is a bank account?

 

dx

[blimthepixie]

Aye this is a bank account.

[fkofilee]

If i remember rightly a CCA request wont work on a bank account. Its not a Credit Account.

But the overdraft element maybe. Some of the forum guys should beable to help.

[blimthepixie]

Well I am paying back my overdraft with the view to close it once I am in the black again.

 

I do admit to opening a student account to take benefits of a 2 grand interest free overdraft...

 

I just wanted Apex to prove to me in writing that they have been instructed by Natwest to "manage" my account.

 

I already have a payment plan in place with Natwest so can't I just continue to pay them back?

 

Screw Apex?!

[AndyOrch]

Well I am paying back my overdraft with the view to close it once I am in the black again. I do admit to opening a student account to take benefits of a 2 grand interest free overdraft...

 

I just wanted Apex to prove to me in writing that they have been instructed by Natwest to "manage" my account. I already have a payment plan in place with Natwest so can't I just continue to pay them back? Screw Apex?!

 

As per my post#2