Apex Supply CCA on 2006 Abbey Loan - Next Move?

[aliensonline]

Dear CAGers,

In July last year (2013)

 

I sent out a CCA request to Apex Credit Management and all I had back was a letter to say they would work on it.

 

Then last week to my surprise (10 months later!) they sent a copy of the CCA.

 

Now I’ve started to get a few calls a day from them (I haven’t answered any though).

 

Would someone kindly cast an eye over what they’ve sent

 

so that I know whether I have to start paying them something,

 

or suggest any ideas?

 

 

Many Thanks

[dx100uk]

when was the last time you paid anything to abbey

 

and is this on your credit file?

[aliensonline]

Thanks for the quick reply.

 

The last direct payment we made was in August 2007 but then had a DMP set up with Abacus. That ran from September 2007 until July 2013 which was when I sent out the CCA request, cancelled with Abacus and stopped payments awaiting a response.

 

This account isn't on my Noddle credit report any more.

 

Thanks

[Stigman]

Did they supply the Terms & Conditions with the CCA?

 

Also, the box says that the right to cancel will be sent to you telling you how to do this - Was this ever received?

 

Stigman

[aliensonline]

Hi Stigman,

I have the Terms & Conditions from when I originally opened the account, but I've uploaded everything that Apex has sent me now, except for a copy of a bank statement I provided Abbey with in 2006.

 

Abbey originally sent me a Customer copy of the scanned agreement that I posted. That was very similar - it didn't have the signature section, but in the Right to Cancel box said where to write or telephone etc.

 

Many Thanks

[dx100uk]

o god not abacus

 

they really have some bad posts from people here.

 

one guy paid over £10k to them

 

and most of his debts are still live.

 

i'd be sending them [abacus] an SAR

 

so SB will be out the window

 

who are apex's client?

 

i'd suspect this has been sold & defaulted years ago

 

and thus does show on your CRA file.

 

dx

[Stigman]

I have the Terms & Conditions from when I originally opened the account, but I've uploaded everything that Apex has sent me now, except for a copy of a bank statement I provided Abbey with in 2006.

 

It does not matter if you have the terms and conditions, if they have not been supplied then Apex have failed to supply a true, complete & valid CCA request.

 

Stigman

[aliensonline]

Hi, thanks folks,

dx: letter from Apex in November 2008 saying that they had bought the account. It used to show on Noddle as defaulted, but no longer. Is it worth finding out what other reference agencies have?

 

stig: so I'm thinking my plan now is continue to ignore phone calls from Apex and if they write asking me to pay them, tell them they haven't fulfilled the CCA request yet because they didn't supply the T&Cs. Is that reasonable?

 

Thanks again.

[Stigman]

tell them they haven't fulfilled the CCA request yet because they didn't supply the T&Cs. Is that reasonable?

 

The terms and conditions must be the same as when you opened the account, Apex just cannot cobble something together.

 

I would ask for advise from others here but I would be inclined to actually tell Apex why they have failed with the CCA because they can then instantly correct this.

 

Stigman

[theoldrouge]

pers I wouldnt tell apex why, let them work it out, I would just tell them that their reply does not comply with the requirements of s77(1) cca1974. Did you ever receive a default notice? ----

77 Duty to give information to debtor under fixed-sum credit agreement.

 

(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the total sum paid under the agreement by the debtor;

(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

©the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

[goodatresearch]

What's actually wrong with the CCA posted? It has all the PTs on it except for the cancellation term, and it looks likeits been signed to. What am i missing, I'm not arguing that your all wrong but would like to know for myself.

[theoldrouge]

What's actually wrong with the CCA posted? It has all the PTs on it except for the cancellation term, and it looks likeits been signed to. What am i missing, I'm not arguing that your all wrong but would like to know for myself.

shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it

[goodatresearch]

Yes I understand that, but this appears to be an application form signed by the poster, with his/her address (redacted), headed regulated by CCA 1974 etc and with PTs, except cancellation clause, which would be needed. So what else is missing for it to not have fullfilled a CCA request? Or are you just relying on lack of cancellation clause?

 

I was under the impression that if the completed application form includes all of the above, this will be accepted by the court.

[theoldrouge]

the application form specifically refers to condition 3.2 of the terms and conditions, seems a pretty significant reference to any other document

[goodatresearch]

Some of the text is unreadable on my tablet, so I can't see that bit. Thanks for that. I would follow #9 advice and not tell them what is actually wrong with docs but just say not complied.

[aliensonline]

Thanks all for your replies and looking over the agreement – some of the text is unreadable, even on what Apex has sent me.

 

I’ll send off a letter on Monday to say not complied with.

 

By the way, I did receive a default notice back in 2008.

Thanks