Apex Credit management

cassie03

Hi

I was wondering if someone could help me out-my partner has had his Halifax credit card debt sold on to Apex however the the account was currently in dispute as so far Halifax have failed to provide a copy of the CCA. I have found the template letter to sent to Apex informng them the account is in dispute but what I wanted to know was in the letter it states the account should be returned to the Halifax for resolution. If the Halifax have sold it on then can Apex just hand it back to the Halifax or can I assume Halifax have washed their hands of it???

Many thanks

Cassie

GeorgeUK

I don't think you can assume anything here cassie.

As Halifax have not provided you with an executed copy of the CCA, they have not fulfilled their legal obligation. Even if they have sold the debt, they are still required to provide a copy of the CCA. If they are unable to do so then the debt is unenforcable and should not be passed on to another party and they cannot enforce the debt so you are not required to pay until they can enforce the debt.

Did you send Halifax the 12+2 day letter?
If so, have you notified TS that they have not provided a copy of the agreement on request and have sold the debt on?

cassie03

Hi Georgeuk

Yes I did send the 12+2 letter, we had a letter back from them beginning of Jan to they they are sorry for the delay in sending the requested documents and they will send them on within the next 30 days, they also stated that Blair oliver & Scott (inhouse collectors) would hold off any further action for the next 30 days. Never heard anything back from them and then received this letter from Apex this morning so even though Halifax had acknowledged my CCA request they still sold the debt on!!

GeorgeUK

In the 12+2 day letter you informed Halifax of your intentions. Now you should act on them.

Send a letter of complaint to the TS in the area of wherever Halifax are based. Inform them that you made a request for the cca and they failed to provide a copy, then passed/sold the debt on to Apex.

Did you include the £1 fee for the CCA? If so then there was a legal obligation for them to fulfill and they have failed to do so.

Cyril

I had the same situation but with different companies ie MBNA couldn't provide a cca and I sent all the correct letters ie disputing a/c and they still sent it to a dca. I wrote to the DCA and said I wanted the account transferred back to MBNA as the account was in dispute. That was two weeks ago and I have heard nothing.