Apex credit management cca

[armyandnavy]

Hi, This is my first thread.

 

First I would like to say thanks for the advice I have seen on this forum,

it has allowed me to take the fight to APEX.

 

About 7 years I got into financial trouble through illness. I bit the bullet and went for a DMP. Debts as follow.

 

1. Yorkshire bank Loan £18000

 

2. Overdraft £2000

 

3. Capital one £500

 

4. Catalouge £2000

 

For the last 6 years I have been paying £177 a month on my DMP.

 

In 2009 I was notified that the loan and overdraft was bought by APEX, My DMP continued payment to APEX.

 

I had no idea until a couple of weeks ago until finding your forum anything about DCA's.

 

I am gald to say that as of last month I have cleared 3 of the debts off with only the loan still outstanding.

 

I asked stepchange if I could reduce payments as I have been living on a tight budget ensuring that I paid the DMP without fail,

this has been quite trying bieng the sole bread winner with a wife and two youngsters to support.

 

Stepchange said I could not reduce payments and insisted that I should in fact increase the payments to clear the outstanding debts off quicker!

 

I took the bold step of cancelling the DMP and foolishly tried to speak with APEX on the phone.

 

I offered them £177 a month and they said no they wanted £300 a month.

 

I asked about a discount for F&F settlement and they offered 25% off immediately taking the amount down to about £5000.

 

As much as I would like to pay I cannot afford this.

 

Then I discovered this fantastic forum.

 

Following advice given I sent a CCA request off to APEX as per your template on the 2nd of July.

 

I recieved a reply on the 10th of July from APEX stating that they would have to refer to the OC for my request

and that the account was now on hold.

 

We are now past the 12+2 days with still no Credit agreement!

 

The letter header said ref our purchased portfilio, does this imply that they have full deed of assingment of my debt?

 

As this has been going on for over 6 years I wonder what state my credit file is in.

 

However I have been accepted for contract phones in the last couple of years and last week I was granted a credit card with Argos

with a £500 pound limit! so it can't be that bad.

Of course the credit card is for dire emergencies!

Whats my next move?

 

I wish I had seen your forum years ago so I could have CCA'd APEX sooner!

 

After reading many other threads I fear that I have been cashcowed by APEX now knowing they buy debts for a pittance.

 

My apologies for the war and peace thread, it feals great to get things off my chest

 

and to be able to get great advice. Having Debts has been truly stressfull and I wouldnt wish it on anyone.

 

Kind regards M.

Edited July 28, 2014 by citizenB
formatting

[fkofilee]

So youve learnt your lesson... STAY OFF THE PHONE!

You offer to Apex what you can afford, they are bottom of the barrel and very rarely if ever go legal.

Why not pay the original creditor on this one?

 

They are probably just administering on behalf of the original creditor. Have you reclaimed PPI & all penalty fees?

Also the cCA Request, until they cough up, you dont pay simple as.

[Stigman]

Hi M,

 

Welcome to CAG

 

Congratulations on taking the fight to a DCA, please remember to never speak to a DCA on the telephone, only in writing.

Grab a file and keep all paperwork safe for future reference.

 

With your credit file, anything on their drops off after 6 years regardless of satisfied, default, CCJ etc.

Equifax & Experian do offer 30 day free trials but please remember to cancel within 30 days or your card could be charged up to £14.99pcm.

If no access to a card then £2 postal order.

Noddle is free to use for life but this is ran by Callcredit, they are the third least used CRA & their information can be either slow to update or accounts not showing at all.

 

Have you claimed back late penalty charges & any PPI from the Loan, Card & Catalogue?

If not, get all of your statements or send each of the Original Creditors an SAR, then get reclaiming.

 

Stigman

[BRIGADIER2JCS]

Hi, This is my first thread. First I would like to say thanks for the advice I have seen on this forum, it has allowed me to take the fight to APEX.

About 7 years I got into financial trouble through illness. I bit the bullet and went for a DMP. Debts as follow.

1. Yorkshire bank Loan £18000 2. Overdraft £2000

3. Capital one £500

4. Catalouge £2000

For the last 6 years I have been paying £177 a month on my DMP

.In 2009 I was notified that the loan and overdraft was bought by APEX, My DMP continued payment to APEX.

I had no idea until a couple of weeks ago until finding your forum anything about DCA's. I am gald to say that as of last month I have cleared 3 of the debts off with only the loan still outstanding.

I asked stepchange if I could reduce payments as I have been living on a tight budget ensuring that I paid the DMP without fail, this has been quite trying bieng the sole bread winner with a wife and two youngsters to support.

 

 

Stepchange said I could not reduce payments and insisted that I should in fact increase the payments to clear the outstanding debts off quicker!

 

 

I took the bold step of cancelling the DMP and foolishly tried to speak with APEX on the phone. I offered them £177 a month and they said no they wanted £300 a month. I asked about a discount for F&F settlement and they offered 25% off immediately taking the amount down to about £5000.

As much as I would like to pay I cannot afford this.Then I discovered this fantastic forum.

Following advice given I sent a CCA request off to APEX as per your template on the 2nd of July. I recieved a reply on the 10th of July from APEX stating that they would have to refer to the OC for my request and that the account was now on hold.

We are now past the 12+2 days with still no Credit agreement! The letter header said ref our purchased portfilio, does this imply that they have full deed of assingment of my debt?

As this has been going on for over 6 years I wonder what state my credit file is in.

 

 

However I have been accepted for contract phones in the last couple of years and last week I was granted a credit card with Argos with a £500 pound limit! so it can't be that bad.

Of course the credit card is for dire emergencies! Whats my next move? I wish I had seen your forum years ago so I could have CCA'd APEX sooner!

After reading many other threads I fear that I have been cashcowed by APEX now knowing they buy debts for a pittance.

My apologies for the war and peace thread, it feals great to get things off my chest and to be able to get great advice.

Having Debts has been truly stressfull and I wouldnt wish it on anyone.Kind regards M.

 

 

The debt has clearly been sold.

 

 

Get your credit file asap.

[oleg]

So youve learnt your lesson... STAY OFF THE PHONE!

You offer to Apex what you can afford, they are bottom of the barrel and very rarely if ever go legal.

Why not pay the original creditor on this one?

 

They are probably just administering on behalf of the original creditor. Have you reclaimed PPI & all penalty fees?

Also the cCA Request, until they cough up, you dont pay simple as.

 

Lee

Sorry but this advice is not only incorrect but dangerous.

In this case Apex have been assigned the debt and are now the de facto creditor. I can assure you that they do, as assignees, litigate. And as they have now become part of Cabot, that practice is hardly likely to diminish.

[oleg]

A and N welcome. Sorry to see that you've been funding the Opposition for so long, it's sad that you weren't aware of your options.

If you don't own a property I see your 2 main choices now as

1 Pay £1/month and stand firm: the longer you can delay f & f the greater your chance of a larger discount. Even production of a legit CCA should not cause you to rush into payment.

2 Stop paying completely, you've already fulfilled any "moral" obligation, and steel yourself to ride out a storm of threatening letters until you reach statute bar date. As a non-property owner and low earner, they are most unlikely to take legal action.

If you do own a property, I would be less inclined to go down the second of these two roads.

I am helping someone whose debt was assigned to Apes and is now just a few months away from statute bar: they haven't squeaked for the last 2 years . . . because they know he has no assets.

[armyandnavy]

Thanks for all your replies. Brigadier what do you mean by get your credit file?

Oleg thanks also, I've not had a peep out of Apes lol! Digging in for a fight now.

I checked noddle, the only adverse entry is from Capital one, 6 years worth of monthly defaults even though I paid them a sum every month and settled the account last month. Will it come off my credit file as it's 6 years since the first default entry this month???

[oleg]

Noddle which you've already checked is what we sometimes call credit file. In other words credit reference agency. Experian Equifax too.

After 6 years yes the Cap1 should drop off. Well done.

Good luck on your journey. Folks here are always willing to advise.

[armyandnavy]

Thanks Oleg, much obliged.

[armyandnavy]

As an after thought, there is nothing on my credit file relating to Yorkshire Bank,

I know it was over 6 years ago so it has probably dropped off?

 

Nothing from APEX in the form of a credit agreement, well past the 12+2.

 

Do I send a second letter, account in dispute or do I sit tight?

 

Can APEX mark my credit file in the absence of a credit agreement?

and if they cannot provide a credit agreement as requested have I just paid £6000 since 2009 to APEX for the fun of it.

 

Would Yorkshire keep Paperwork for so long if APEX purchased this over 5 years ago.

 

Surely if they had a valid credit agreement would they have not supplied by now?

 

after all they sent me a letter out saying account on hold 2 days after the CCA request went in!

Edited July 29, 2014 by armyandnavy

[oleg]

Do not engage in meaningless correspondence. One CCA request is enough. "Failure to comply" letter serves no purpose. And do not expect a rapid result. Agreements can take weeks or months or not materialise at all. I suspect the latter may be the case

if your Yorks account is old.

You ask whether you have been feeding the Apes out of the kindness of your heart. Sorry to say but I think you have - as well as Cap1, whose agreements often can't be found and default notices were non-compliant.

Yes they can mark your credit file even though your agreement hasn't been found.

Do you own your home? If not, if I were in your position, I would cease charitable donations - you've already made far too many . Threat letters will come and go but with no property they know no point taking legal action.

Do not feel a need to answer every letter but do keep them all, envelopes included.

Also I do not expect to see you online worrying about debts at 0330. They're not worth losing sleep over.

[armyandnavy]

Thanks for the reply Oleg, I was just thinking about it last night at work that's all. I'm not a home owner so they can whistle on that shout! As for any other assets lets just say when I fill my petrol tank up it doubled the value of my car!

[armyandnavy]

Update!

I have received a letter from APEX today demanding payment although the account is in dispute!!

 

Strangely enough the letter is from Stuart Cox,

the same guy who wrote to me saying the account was on hold whilst they investigate my CCA request.

 

The interesting thing is that the signatures are different!

 

Are these clowns for real?

 

When I get a minute I will post up the letters so you can marvel at the significant differences between signatures from the same retarded ape.

[BRIGADIER2JCS]

Update!

I have received a letter from APEX today demanding payment although the account is in dispute!!

Strangely enough the letter is from Stuart Cox, the same guy who wrote to me saying the account was on hold whilst they investigate my CCA request. The interesting thing is that the signatures are different! Are these clowns for real? When I get a minute I will post up the letters so you can marvel at the significant differences between signatures from the same retarded ape.

 

 

One has to wonder if Cox actually exists, it's not an uncommon comment regarding the signatures of He/ She or It.

[oleg]

Hi

You said a couple of days ago you expected to be in this for the long haul . Well as part of the learning curve, get used to drivel such as this letter. Just file as i suggested before; don't throw away in case they try anything nasty or you decide to take action against them.

Being in dispute does not preventing them from begging.

And differing sigs for same clown or same sig for different clowns are par for the course in this Theatre of the Absurd.

You'll soon get used to the mail. As you do, it becomes even comical.

[armyandnavy]

One has to wonder if Cox actually exists, it's not an uncommon comment regarding the signatures of He/ She or It.

[armyandnavy]

Hi

You said a couple of days ago you expected to be in this for the long haul . Well as part of the learning curve, get used to drivel such as this letter. Just file as i suggested before; don't throw away in case they try anything nasty or you decide to take action against them.

Being in dispute does not preventing them from begging.

And differing sigs for same clown or same sig for different clowns are par for the course in this Theatre of the Absurd.

You'll soon get used to the mail. As you do, it becomes even comical.

 

Thanks Oleg, I'm now starting to feel silly as to the fact I was initially worried about these people and I'm shall we say quite a robust individual and a career Soldier to boot!

[ericsbrother]

Stuart Cox took over from Ivor Biggun as the company false name. I can understand why they changed it but as punk poet and lyricist Ivor Biggun's real name is Cox would still be looking for a good libel defence lawyer when he finds out.

[armyandnavy]

Stuart Cox took over from Ivor Biggun as the company false name. I can understand why they changed it but as punk poet and lyricist Ivor Biggun's real name is Cox would still be looking for a good libel defence lawyer when he finds out.

 

 

Well thanks to this forum I have now dropped the pseudonyms of Ben Dover and Phil McCrevis so Ivor Biggun can poke it

Edited July 30, 2014 by armyandnavy

[oleg]

awwwww Come on old boy, nothing to feel ashamed about. I can't pretend that I was cock a hoop with joy when I was suddenly plunged into multiple debts amounting to six figures. But it does eventually become manageable. Even if you get a court claim don.t get scared. There is almost always a satisfactory solution.

 

Stuart Cox x

[armyandnavy]

Although I was relishing the opportunity to have some live Aikido practice should they send an agent in my area to knock my door. I now realise that they are not a legal entity and thus cannot carry out a fraction of the the threats that they spout

Off topic last year I had N Power send me nasty letter informing me that I owed them £3000 and that they would enter my property by force to cut me off then instruct bailiffs to seize goods.

I phoned them and explained that anyone you send to force entry into my property should consider wearing a Kevlar helmet and body armour as things might get a little uncomfortable for them and also may I draw your attention to the fact that indeed my gas is supplied by EDF!! A rapid mumble resembling an apology swiftly followed.

[zydeco]

according to Linkedin http://tinyurl.com/l6dehr8 Mr. Cox does exist working for Cabot, perhaps he has people to sign his name for him?

[armyandnavy]

"Outstanding integrity and professional ethics and driven to exceed objectives"

 

"Specialties: Strategic mindset with strong negotiation and influencing skills often demonstrated in multi cultural and cross border environments"

 

Neither these statements ring true of a snidey bottom feeding company like APEX.

Please lord I don't ask for much, but 5 minutes in a locked room with Mr Cox would make me a happy man

[armyandnavy]

Bump

 

I received paperwork today from Apes, a signed copy of the loan agreement signed by me only even though it was a joint account!! And a another piece of paper with my signature on relating to data protection I think, half of it is missing. Where do I go from here. It's been well over a month since my cca request went in. Help!

[BRIGADIER2JCS]

Bump

 

I received paperwork today from Apes, a signed copy of the loan agreement signed by me only even though it was a joint account!! And a another piece of paper with my signature on relating to data protection I think, half of it is missing. Where do I go from here. It's been well over a month since my cca request went in. Help!

A CCA request should have a compliant copy of the agreement, any documents mention therein and a current statement of the account ( Not Historic Statements).

 

 

I you believe the document received is wrong, write to Apex and inform them that the document received is rejected as non compliant with Section 77/78 CCA 1974 (as amended), do not give any reason other than non compliance.