apex not accepting offer

gleeb

Hi,

Had a debt account with Apex for a number of years now. Been paying £15 each month, but this year i wanted to get it off my back by offering a settlement. The debt is for £2800 and the last offer i made was £1120. Each time they have replied i find their responses intimidating almost. For example the letter i received today said
'To prevent this matter becoming unmanageable please contact ...'
Not sure i needed that, i have been the agreed amount each month etc.

Not sure what else to do apart from offering a bit more each time till they agree.. Does this sound like the best way forward ? Can anyone offer any advice how to deal with them ?

Thanks

Tixy

They don't have to accept your settlement offer and sometimes the only way is to leave it a while and try again, or up your offer a bit. If you keep increasing your offer several times - then they are going to assume you will continue to do so and so will likely sit it out.

What was the debt for initially? Have you ever checked they have the correct paperwork for the debt (eg if they have a CCA if its a debt covered by the CCA).

If they don't have all the paperwork currently that would give you a big bargaining chip to get an offer accepted.

gleeb

Tixy wrote: »

They don't have to accept your settlement offer and sometimes the only way is to leave it a while and try again, or up your offer a bit. If you keep increasing your offer several times - then they are going to assume you will continue to do so and so will likely sit it out.

What was the debt for initially? Have you ever checked they have the correct paperwork for the debt (eg if they have a CCA if its a debt covered by the CCA).

If they don't have all the paperwork currently that would give you a big bargaining chip to get an offer accepted.

I believe the debt was initially for £3720, i'd have to check to be certain. It was a yorkshire bank credit card, and no i never did check for the correct paperwork. Is that an option at this late stage ?

Tixy

Yes - if it was a credit card you could do a CCA request at any stage (costs £1).

If they cannot provide a CCA then you could stop paying - and they would not be able to take court action against you, or you could use that to negotiate a low F&F offer.
The advantage of making an offer to settle is that if you just stop paying and they find the CCA at a later point the could then start chasing for the debt again or even take you to court.

Oldfatgrumpy

My experience with these "people" was to receive the same automated letter every month until everything was paid off. This was when my DMP was down to one payment to Lloyds, who sold my debt on despite receiving an agreed payment each month from CCCS for years. When Apex got its claws into me they demanded a breakdown of all my finances, which I refused to give them although I maintained agreed payments. I got default letters from them for a year until they were paid off, I never got an acknowledgement or anything after making the final payment. Good to know there are such caring supportive people out there protecting our interests.

gleeb

Thanks so much for that.. I found a template and deleted the 'dispute account' sentence. Is it wise to also add a settlement offer to the end of this ? .. I'm just so impatient for them to finish this it is doing my head in !

Re:- Account/Reference Number 1234567890


With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account.
3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.
I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
I look forward to hearing from you.

gleeb

Oldfatgrumpy wrote: »

My experience with these "people" was to receive the same automated letter every month until everything was paid off. This was when my DMP was down to one payment to Lloyds, who sold my debt on despite receiving an agreed payment each month from CCCS for years. When Apex got its claws into me they demanded a breakdown of all my finances, which I refused to give them although I maintained agreed payments. I got default letters from them for a year until they were paid off, I never got an acknowledgement or anything after making the final payment. Good to know there are such caring supportive people out there protecting our interests.

I totally agree with you , i have had dealings with a few DC's now and Apex are the absolute worst to deal with. I gave them my finances breakdown, i offered to settle and still they send automated and insensitive rubbish to people that are trying to pay them what they can afford. I want rid of them fast !

Focus05

What's a CCA please

fermi

gleeb wrote: »

I believe the debt was initially for £3720, i'd have to check to be certain. It was a yorkshire bank credit card, and no i never did check for the correct paperwork. Is that an option at this late stage ?

When did you first take the card out?

fermi

Focus05 wrote: »

What's a CCA please

CCA = Consumer Credit Agreement

or Consumer Credit Act (depending on context)

gleeb

Consumer Credit Agreement