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    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
    • Just to add, I completely agree with you that a contract to prevent her leaving the employment would be completely unenforceable. However she properly should realise that the situation may be referred to in any references provided to her for a future job. Who is the employer? Their approach to this problem – which of course has been of their own making, is frankly bullying and unacceptable.
    • Please follow the link and read on this forum about estoppel. If she has received the payment completely in good faith – meaning that not only did she accept the fact that the payment was made properly and with authority, but also she had no reason to suspect that there was an error, then she will be entitled to say that they were estopped from recovering the payment – assuming that she no longer had the money and she had not used it to improve her lifestyle beyond what was normal for her. From the sounds of it, she may not be entitled to rely upon the doctrine of estoppel. You say that she was working 20 hours and she received 30 hours – which is a very substantial overpayment. She would have to persuade a court that she really had no way of suspecting that the money she was receiving had been paid to her in error. The courts apply very high standards if people try to rely on the doctrine of estoppel by way of a defence. In terms of them refusing to allow her to leave, they have no right to do this. It's complete nonsense – although they may well decide to hang on to any payment which is owing to her including holiday pay et cetera and she would find it very difficult to deal with this.
    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
    • Just a further update! So far no documentation for SAR request. I have also trawled back through an old BT email account I am still using , found email conversations between myself , HR and union rep. There is mention of my ongoing case with the company, correspondence with HR about coming back to site for follow up interviews and dealings with my rep up to the point I handed in my resignation which was Feb 2014. As far as I can see these conversations prove that I was on suspended leave pending investigation. Coupled with the fact the SAR if it ever appears will not have these email trails as I suspect my works email account was deleted a long time back.  In terms of the mediation I have already noted that I do not have all the relevant information so this will render any mediation useless which should proceed it to court.  For now I will keep these cards close to my chest and provide those documents at a later date. I feel confident that a judge will throw this out on the grounds of their lack of evidence in the first instance. 
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blondiegirl

Apex Credit Management CCA

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Letter sent to Apex (egg loan) requesting CCA. Let's see what they send back!

 

 

 

 

 

 

 

 

Apex (Egg) - £2527


- BlondieGirl

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Originally an Egg load. Nothing on credit report. Paying them through a DMP with CCCS for 6 years. £2,6 owing. £2,7k paid off. SAR not requested yet.

 

 

 

Apex (Egg) - £2527


- BlondieGirl

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Originally an Egg load. Nothing on credit report. Paying them through a DMP with CCCS for 6 years. £2,6 owing. £2,7k paid off. SAR not requested yet.

 

 

 

Apex (Egg) - £2527

 

 

SAR needed, Charges /fees reclaimable??

 

 

Cabot /Apex very litigious at present.


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I will SAR them all - to the OC isn't it? I know there were lots of fees at the time of realising the bills couldn't be paid! Hopefully they can taken off perhaps. They'll be around 6 years old though. Does that matter? I thought it was 6 years to claim them back.


- BlondieGirl

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I will SAR them all - to the OC isn't it? I know there were lots of fees at the time of realising the bills couldn't be paid! Hopefully they can taken off perhaps. They'll be around 6 years old though. Does that matter? I thought it was 6 years to claim them back.

 

 

Yes always to the Data Controller of the OC use signed for post, check delivery date, the 40 days starts then.


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OK, thank you :-) How long do they have to reply to a CCA please?

12 + 2 Working Days, so discount weekends this means the time scale starts from the date the CCA is posted, get free proof of posting from the PO.


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I sent all the CCA letters 'signed for' so I will have proof that they received them.


- BlondieGirl

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I sent all the CCA letters 'signed for' so I will have proof that they received them.

 

 

Good work,!


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Just had a reply from Apex. They said:

 

"Thank you for your letter in which you request all documentation under section 77/78 of the Consumer Credit Act 1974 ("CCA"), with regards to the above noted account.

 

We can confirm that your request is being processed and your account will be placed on hold pending its fulfillment.

 

We will write to you again with an update of our prgress or on completion of the required documentation being supplied in line with the CCA".

 

This a/c was originally a loan with Egg taken out eons ago. It's being reported as AR. Do I just wait? Keep paying? Stop paying? Assuming they don't send the required documents by mid-next week which is the timescale.

 

Thanks :-)


- BlondieGirl

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Just had a reply from Apex. They said:

 

"Thank you for your letter in which you request all documentation under section 77/78 of the Consumer Credit Act 1974 ("CCA"), with regards to the above noted account.

 

We can confirm that your request is being processed and your account will be placed on hold pending its fulfillment.

 

We will write to you again with an update of our prgress or on completion of the required documentation being supplied in line with the CCA".

 

This a/c was originally a loan with Egg taken out eons ago. It's being reported as AR. Do I just wait? Keep paying? Stop paying? Assuming they don't send the required documents by mid-next week which is the timescale.

 

Thanks :-)

 

Wait for them to comply or say no agreement can be found.

BTW for how long has this been reported as an arrangement to pay on CRA files?


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My mistake, this must have defaulted because it's not showing. I have this confused with Aktiv who are reporting that debt as AR.


- BlondieGirl

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Should I wait for the 12+2 days to pass, and if no agreement is found, stop paying?


- BlondieGirl

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Should I wait for the 12+2 days to pass, and if no agreement is found, stop paying?

Yes.


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Apex has responded. The letter states:

 

"I write further to your request for information under section 77/78.......

 

Unfortunately, Apex has not been able to provide you with the requested information within the relevant time period.

 

We shall continue to request the information to assist you with your request. In the meantime, we would like to inform you that your account shall remain on hold until such time we can comply with your request.

 

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in Court.

 

We will write to you again with an update of our progress or on completion of the required documentation being supplied in line with the CCA".

 

Is this as good as them admitting defeat and that they are unlikely to chase me for stopping payments?

 

Thanks :-)


- BlondieGirl

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The chasing may continue but it will never go near a court unless they can comply.:-)

 

Regards

 

Andy


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they wont chase you now, until or unless they can comply

 

nothing more to do, nothing to worry about atm

 

I have the same thing on behalf of a relative, and they have kept their word

 

for over 3 years now:wink:


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Hello

 

I have received the same response today from Apex to my CCA request re: a LLoydsTSb account. I thought I would check if you have heard any more since October. If not, are you paying anything?

 

Thanks.

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Hi, I haven't done anything yet. I'm fighting Barclaycard and MBNA about getting AP/AR markers removed from the credit file first. Barclaycard have agreed, just battling with MBNA. Once I've had a final over that, then I'll be reducing my payments right down. From what I've read on here, these DCA will just issue threats but do nothing about it.


- BlondieGirl

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Oh, and yes, they are being paid as part of a monthly DD to Stepchange.


- BlondieGirl

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Great -thanks. But just to confirm - you haven't heard any more from Apex since they sent you the letter saying they can't provide the CCA?

 

Good luck!

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I am having problems with Apex ,well I assume it is Apex. My mother has Alzheimer's disease and is in a care home . I sorted all her credit cards out some were written off and some accepted a small payment to close the accounts as she did not have much money. I am now getting letters addressed to her sent to my home address (she has never lived here) I keep returning them unopened but still they keep arriving once a week . Where do I stand with this as I am getting fed up of the harassment ? I feel like writing to them and giving them the address of her care home. I mean she does not recognise any of her children now so they have no chance of getting any sense from her regarding finances !! The problem is if I write then they will start pestering me then !

The letters are sent from Mailing Services Cardrew Way a google search brings up Apex . I have not opened any letters as they state that they are private and confidential and only to Addressee only.

Edited by redwon
Missed something

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I am having problems with Apex ,well I assume it is Apex. My mother has Alzheimer's disease and is in a care home . I sorted all her credit cards out some were written off and some accepted a small payment to close the accounts as she did not have much money. I am now getting letters addressed to her sent to my home address (she has never lived here) I keep returning them unopened but still they keep arriving once a week . Where do I stand with this as I am getting fed up of the harassment ? I feel like writing to them and giving them the address of her care home. I mean she does not recognise any of her children now so they have no chance of getting any sense from her regarding finances !! The problem is if I write then they will start pestering me then !

The letters are sent from Mailing Services Cardrew Way a google search brings up Apex . I have not opened any letters as they state that they are private and confidential and only to Addressee only.

 

 

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of your own.

 

 

might be an idea to pop some sentences and blank lines in too

 

 

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