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

angela1980

KingElvis wrote: »

Vanquis especially will be anxious to meet you :rotfl:

I don't think so. I have no problem in obtaining credit, as I already have AmEx plat., Barclaycard plat, etc. Vanquis can bite me.

angela1980

hoggums wrote: »

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

FOR THE LAST TIME... 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).

angela1980

fermi wrote: »

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.

Sorry, what circumstances exactly? They had the agreement, because they sent me a copy, then the lost it along with a whole load of other paperwork pertaining to my case. Apex have already admitted that they've lost the paperwork, and that The Instructor College owes them the money, not me. They also acknowledge the fact that I cancelled the course correctly, as per the T&Cs of the loan agreement.

Incidentally, the original agreement was signed before April 2007, at least 71/2 years ago now.

Rico6.9

Hi Angela,

Apex should remove the defaults. Ask them nicely.

If they have a problem, sue them in the small claims court for £5K. It's a negligent misstatement.

Sounds fairly similar to my case. Quote "Durkin v DSG & HFC".

I'm still being forced to jump through hundreds of stress hoops on my way to the Supreme Court. (which is why I suggest keeping things in the small claims court.)

Good luck. I hope they help you. It'll depend on the humanity factor.

Rico

angela1980

Thank you, Rico. I was sure they were wrong, too, but needed to ask others opinion. I'll have a look at the precedent that you quoted above and see what it says. I could understand their position had I been in the wrong, but, as with most cowboys, Apex conveniently lose things when they don't get their own way.

I wish you every success with your case, too. Keep us updated with its progress.

angela1980

Rico, can I use the Durkin case as a reference in an English court? I'm assuming I can, but just need to be sure. Also, from what I can gather after reading the Durkin appeal, the Sheriff more or less said that, as Durkin had cancelled his contract with the retailer, s75 of our 'favourite Act' allowed him to cancel the credit agreement, as he no longer had the product. Am I interpreting this correctly?

ILW

Was the loan deemed "unenforecable" or "void"?

angela1980

ILW wrote: »

Was the loan deemed "unenforecable" or "void"?

Apex said that they deemed it unenforceable as they didn't have a copy of it. But they do, because they were the ones who sent me a copy.

It's a double-edged sword for me. I'm scared that they'll reopen the case and I'll have to go through it all again (last time it went on for seven years!). Surely, there must be a time limit and some sort of double jeopardy thing.

I'm not interested in any sort of compensation, I just want them to remove the default.

Rico6.9

angela1980 wrote: »

Rico, can I use the Durkin case as a reference in an English court? I'm assuming I can, but just need to be sure. Also, from what I can gather after reading the Durkin appeal, the Sheriff more or less said that, as Durkin had cancelled his contract with the retailer, s75 of our 'favourite Act' allowed him to cancel the credit agreement, as he no longer had the product. Am I interpreting this correctly?

Hi Angela,

You're interpreting the law correctly as did Sheriff Tierney. Yes, you can use the case in England. The high court in Bristol has refered to it as "outrageous"!

There's been a hiccup with the case because HFC persuaded the highest court in Scotland that the law is designed to facilitate extortion and defamation!

Blimey! This just goes to show what power the banks have and how far they're willing to mask the truth.

Anyway, clearly, you, Sheriff Tierney and pretty much everyone else who isn't a banker, practitioner or politician are correct in the fact that the law is designed to protect the consumer.

As long as you're certain that you could rescind the credit agreement you're entitled to £8K! (minimum!)

To avoid the huge stress though, given that you're simply trying to clear your name, I'd keep it to £5K in the small claims court if they're still unwilling to listen.

You can also mention to Apex that new Lending Code guidance is that

"Subscribers can give CRAs default information about a customer’s debts if the amount owed is not being disputed by the customer".

This is only guidance though. It still doesn't prohibit banks from screwing folk "because they can". We're fighting to make this legislation.

It'll be easiest if Apex help. If they don't, they deserve to reimburse you for all the misery you've been put through (as far as money can).

Rico.

Rico6.9

Defaults are supposed to automatically expire after 6 years.