Apex - Unenforceable agreement, but won't remove default... Help!!

angela1980

Hi all,

Need some advice/help...

At the back of last year, I got a bittersweet victory against Apex Credit Management for a muck-up The Instructor College made with finance (long, long, long story!).

After checking my credit file recently with Equifax, I noticed that Apex have applied a default on my file. When I called them to ask why, they said that the original case had been closed by them, as they couldn't obtain a copy of the original loan agreement (from The Instructor College/Clydesdale Bank). When I asked them to therefore remove the default, they refused saying that as far as they were concerned, I was still technically liable for the loan, albeit that the case had been closed as unenforceable, i.e. closed on a technicality.

Surely, this is a contradiction. And besides, they did have a copy of the agreement, because it was they who sent a copy to me.

Shouldn't Apex advise the three credit reference agencies to remove the default, seeing as the case was closed in my favour?

If the answer is "no", then I guess I'll have to live with it, however unfair it may seem. But if Apex are wrong, I need to write to them without delay.

Your help is much, much appreciated - thank you

Blitz01

You had the money and got off on a technicality.
It doesn't mean the money isn't owed....it just means they cannot persue you for it.

You have a default and rightly so, as other creditors should be made away that you have not paid previous obligations regardless of the facts surrounding it.

fermi

The issue of whether they can still report a default in these circumstances has been decided by a case in the High Court.

It was decided that they can. Sorry.

fermi

Also : https://forums.moneysavingexpert.com/discussion/2796562

PNPSUKNET

aqua, capital one or vanquis are your new friends for 6 years

CHR15

Can we assume you didn't give them the money back after the error was discovered?

KingElvis

PNPSUKNET wrote: »

aqua, capital one or vanquis are your new friends for 6 years

Vanquis especially will be anxious to meet you :rotfl:

hoggums

If you pay the money you owe, I'm sure they;d be happy to mark the defaults as satisfied.

PNPSUKNET

theres another dormant user id for 2011 lol

angela1980

Blitz01 wrote: »

You had the money and got off on a technicality.
It doesn't mean the money isn't owed....it just means they cannot persue you for it.

You have a default and rightly so, as other creditors should be made away that you have not paid previous obligations regardless of the facts surrounding it.

I haven't though, that's the point. The loan was for a driving instructor course, which I never did, as I wrote to both The Instructor College to cancel the course and the finance company (Clydesdale) to cancel the finance. Both were sent letters within 24 hours of me originally signing up for the course (as per the T&Cs of the agreement, I was allowed to cancel).

angela1980

CHR15 wrote: »

Can we assume you didn't give them the money back after the error was discovered?

I don't have their money - it was never given to me. The money was paid directly to The Instructor College by Clydesdale. Both were sent letters (recorded delivery) within 24 hours of me originally signing up for the damn course. I had the right to cancel under the T&Cs of the agreement (and yes, I have already had this particular point clarified and agreed by Apex).