apex credit management

[lainyh]

hi there, hope someone can help. i owed clydesdale bank just over 6k on a credit card. i was on reduced payments of £70 per month when they sold this debt to apex. i have been paying apex for about the last 2 years and the debt is now at £3600. every 3 months or so they phone to ask if i can pay anymore and also to update my income and outgoings. the problem is i havent worked for the last 7 years and i am paying them £120 per month by direct debit. they are taking my husbands wages who only works part time into account and child tax credits and working tax credits. i am married and have 2 kids but surely if the credit card was in my name only, they cant expect my husband to pay this. i also think i am paying far too much each month as i am struggling to live and am left with no money each month. i would just like to know what my options are and what i can do if anything about this. many thanks.

[dpick]

Hi stop the DD and use standing order to pay what you can afford if they dont like it tell them to take you to court no judge would make you pay more than you could reasonably afford. These gutter snipes are just interested in getting as much money as possible. You must remove the DD they can increase the amount as and when they like. It would also be an idea to send them the CCA request to see if they can legally collect on this debt.

 

dpick

[lainyh]

thank you for your quick reply. the last time i spoke to them they said if i missed a payment i would default on my account and would no longer be able to pay by monthly installments and would have to pay full amount at once. they have some cheek. many thanks again.

[dx100uk]

yes def

 

and if they are increasing the DD they should be writing to you FIRST to tell you they are going to take more

if they have done this in the past and NOT told you in writing in advance, then invoke the DD guarantee and get those payments back.

 

not these I&E sheets........

 

they have NO legal right to see you financial details.....

 

ONLY a judge can demand that.

 

pers i'd have a read of sequenci's splendid blog mentioned in my sig.

 

but DEF cancel the DD and setup an SO or just do it by internet banking ONLY when you can afford it, again, you are under NO legal obl to set up ANY regaular payment plan.

 

as a side note: i bet you have been charged hundreds of pounds in late or missed payment charges.

 

ALL of these are an unlawful penalty and can be RECLAIMED + INT at their card rate!

 

what about PPI TOO?

 

dx

[Revenant]

hi there, hope someone can help. i owed clydesdale bank just over 6k on a credit card. i was on reduced payments of £70 per month when they sold this debt to apex. i have been paying apex for about the last 2 years and the debt is now at £3600. every 3 months or so they phone to ask if i can pay anymore and also to update my income and outgoings. the problem is i havent worked for the last 7 years and i am paying them £120 per month by direct debit. they are taking my husbands wages who only works part time into account and child tax credits and working tax credits. i am married and have 2 kids but surely if the credit card was in my name only, they cant expect my husband to pay this. i also think i am paying far too much each month as i am struggling to live and am left with no money each month. i would just like to know what my options are and what i can do if anything about this. many thanks.

 

Hi lainyh

As long as the CC was in your name only his wages have nothing to do with this and do not get taken into account in any I & E calculations

I can't comment on the credits you receive and if they're relevant "Income" but I'm sure someone will know

You've had some great advice to get you started and as such it's time for you to get control back in this matter

Good luck

R

[lainyh]

thanks for all the help. i will stop dd payments asap.

[harrassed senior]

Please also think about challenging the enforceability of the Agreement they may, or may not hold. Send a CCA request:

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.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 s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

This will probably send them scurring for the hills!

 

They are blatently telling lies that missing a payment will mean you can no longer pay by installment, in your circumstances it is probable a judge would only award them £1 per month and they know that!!

 

With regard to I & E Your income only, any benefits for specifically named for disability or children cannot be used to offset debts

[lainyh]

hi there, thanks very much for your reply, i really want them to stop phoning me at home and would like to know how i can stop them also if i ask for a cca request and they cannot provide it what will happen to the money i owe them. will i still be obliged to pay it. if they bought my original debt of £6000 for peanuts and i have payed them about £3000 back then it really annoys me to think they are trying to profit from people who cannot afford it in the first place. many thanks

[rockwell304]

hi there, thanks very much for your reply, i really want them to stop phoning me at home and would like to know how i can stop them also if i ask for a cca request and they cannot provide it what will happen to the money i owe them. will i still be obliged to pay it. if they bought my original debt of £6000 for peanuts and i have payed them about £3000 back then it really annoys me to think they are trying to profit from people who cannot afford it in the first place. many thanks

 

 

Do not under any circumstances speak to them on the phone. There is a telephone harassment letter in the library, send them this. Although perfectly correct, I find the harassment letter a little passive so I spiced mine up a bit!

 

I pulled this from another thread, best to check with everyone on here before you send, particularly reference to the relevant acts. As this is a follow up letter when they continue to call, amend to suit. Attack is the best form of defence in my view. Send recorded delivery or obtain proof of postage.

 

 

 

Dear SIr/Madam,

 

Ref. XXXXX

 

Despite my letters stating that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing in order to establish an audit trail for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, any further CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

If you do not understand the contents of this letter I suggest you seek professional advice.

[debbbbsy]

will i still be obliged to pay it

 

If they fail to respond to your CCA request. You'll put the account in 'Dispute'. You still owe the money, they can also ask you to pay, but they cannot threaten legal action, and under no circumstances can they initiate court action.

 

. if they bought my original debt of £6000 for peanuts and i have payed them about £3000 back then it really annoys me to think they are trying to profit from people who cannot afford it in the first place.

 

You could request a copy of the Deed of Assignment, showing when the account was bought. Any failure or refusal, you could challenge there entitlement to take payments from you.

[rockwell304]

You could request a copy of the Deed of Assignment, showing when the account was bought. Any failure or refusal, you could challenge there entitlement to take payments from you.

Debbbsy, am I correct in assuming they would be reluctant to provide a copy of the actual Deed of Assignment as this would include the amount they paid Clydesdale Bank for the debt.

 

I remember someone on another thread here discovered a DCA purchased their Barclaycard debt for 3%. Quite a profitible business if you can extract the full amount from the debtor.

[dx100uk]

so has the cca gone off yet?

 

dx

[debbbbsy]

Debbbsy, am I correct in assuming they would be reluctant to provide a copy of the actual Deed of Assignment as this would include the amount they paid Clydesdale Bank for the debt.

 

Of course. But, it is catch 22 situation, if they refuse to comply, they cannot expect to recieve payments without proof the account was bought lawfully. If they do supply it & prove entitlement to demand payments, it will reveal how much they paid for it.

[lainyh]

hi there thanks for all replies. i really would like to pay this debt off but am struggling with the amount im paying each month. i really havent a clue where to start. firstly clydesdale bank that i had the credit card with in the first place accepted reduced payments of £70 per month then out of the blue i received a card through the post from apex credit management saying i had to get in touch with them. so i phoned the number and they said they had purchased the debt from clydesdale bank. i still have a current account with clydesdale and still have a £100 overdraft limit on my current account. question is do know if i have defaulted on this credit card which was first taken out about 11 years ago. i have been paying apex £120 a month since feb 09. i have never missed a payment . i never received any notice that this debt was sold only card through the door from apex . what is my best options here as i would like to reduce monthly payment.

[intend]

Lainyh - you need to read the replies alredy posted on the thred and follow the excellent advice given. This is the first stage for you to take control.

 

Intend

[dx100uk]

ans post 12 please!

 

dx

[DebtAgent]

For the benefit of your credit file, why would you stop your Direct Debit?

If Apex took more on a Direct Debit than the arrangement states, then that's classed as theft.

Reviewing your finances is something which looks at your income and expenditure and just spans out what you have left every month and what you should typically be paying out each month. Again this is for the debtor to understand financially where they stand.

Apex can only take your husbands wages into consideration when assessing finances if he is actually willing to contribute to this debt.

 

I've got an 8k C/C which Apex took over. Got a phone call last year, asked for the full balance, obviously told them I can't otherwise I wouldn't be in this situation, assessed my finances, got a suitable monthly arrangement in place and have my review every 3 months. I asked them why 3 months and it's just to check for any updates whether I can clear it, settle it with a discount or make any larger payments. I've had no problems, not had to bother with going down legal routes, CCA statements etc. Just paying it, updating my credit file and getting on with life.

 

Sorry if this annoys some people, just the way I've experienced dealings, I borrowed now I owe back.

[dx100uk]

more fool you then

 

no creditor has any legal right to see any pers financial details - only a judge can order that.

 

there are many maNY threads which indicate there were serious flaws in the egg agreements and their charging / ppi fleecing

 

blindly taking what apex say as the truth is also a very big gamble

 

dx