Apex and Wescott related questions.

Satos

Good morning all

Could I start by saying there will be a couple of questions here, and in any response, please DO NOT use abbreviations, not everyone knows what they mean, me included.

1) Having told Apex Credit Management to stop phoning me after I called them to check a balance (during which the very kind vulture tried to get me to increase my payment), they continue to do so. As I have since learned never to answer the phone to a Debt Collector, the call inevitably goes to the Answer Machine. Should they be identifying themselves as Apex? I seem to recall from the past they should not, and are in breach of rules if they do.

2) I will be CCA'ing both my creditors next week, Apex Credit and Wescott. Assuming they cannot provide me with adequate information, what are the next steps before cancelling Direct Debits to them. What else do I need to send them letter wise.

I will also be questioning as to why I have to pay Apex and Wescott when it is Lloyds who still own the debts, assuming the CCA's do arrive.

fatbelly

2 x Lloyds debts. Are these loans or credit cards or one of each?

Were they started pre-April 2007 or afterwards?

mildredalien

I thought that if another company is trying to chase you, it's because the original creditor has sold the debt on although I suppose this may not always be the case.

Have you sent them a recorded letter stating that you do will only correspond by post? Also I may be confused, but why are you going to cancel your direct debits to them? Is it because you think you should be able to pay Lloyds directly?

(p.s. I was a little amused by your comment about abbreviations and then referring to 'CCA-ing' which I have no idea what that means )

fatbelly

Lloyds could have sold the accounts or are just using a DCA (debt collection agency) to pursue the debt. Sometimes it's clear which is the case, sometimes it isn't. It doesn't matter as in either case you pay the DCA as Satos is doing, but standing order is a safer method than direct debit.

I'll wait for the answers to my questions before I get into the CCA arguments.

Satos

I did Subject Access Request (SAR) them a while back and the information included clearly states (as does my credit file, Noddle) that Lloyds TSB still own all three debts. Hence, why should I pay a bottom feeding vulture when they have nothing to do with my debts at all.

Cancelling the direct debits will be done if Apex and Wescott don't provide me with evidence that I need to pay them, I believe this is what the CCA, regarding the Credit Agreement. If they cannot provide it, I understand the debts can then be put in dispute until Lloyds TSB get their finger out and deal direct (as they were supposed to when I and they came to an agreement).

I want to be clear, I am not trying to use loop holes to get out of debt deliberately. I and Lloyds came to an agreement which THEY went against, this is why I am extremely 'annoyed' with them and will do whatever possible to cause trouble for them. Banks mis-sell insurance, mess up the mortgage sector and now rig rates to suit them. They want a war, then I shall give them one.

Lensman_2

Satos wrote: »

They want a war, then I shall give them one.

I salute your fighting spirit.

I am on a bit of a mission to try to "clip the wings" of a DCA who kept phoning threatening court, attachment of earnings etc. The more I learn, the more I know about how wrong their behaviour has been.

However, you should be aware that the ultimate "end game" in your war might be sitting in court defending your position in front of a judge. I think you should start getting your head around what this might mean. I really hope it doesn't go that far and I hope I am not scaremongering. (This is where I am with my situation right now).

But being prepared for this will help you along the way and stop you getting put off the battle by any nasty surprises they might throw at you. Forewarned is forearmed I think.

Good luck with the battles.

P.S. I am hoping my first battle has been won. They didn't respect the "in writing only" letter, but I haven't had a call since I made a formal complaint about that. Time will tell but I am in this for the long haul...

fatbelly

fatbelly wrote: »

2 x Lloyds debts. Are these loans or credit cards or one of each?

Were they started pre-April 2007 or afterwards?

If you're going into battle, these are important questions for you to answer.

Satos

fatbelly wrote: »

2 x Lloyds debts. Are these loans or credit cards or one of each?

Were they started pre-April 2007 or afterwards?

Missed this sorry. There are three debts in total; Loan, Card and Overdraft.

The original agreements were all pre 2007 if memory serves me correct, Debt issues began 2009. Can check through information again though.

Satos

Lensman wrote: »

However, you should be aware that the ultimate "end game" in your war might be sitting in court defending your position in front of a judge. I think you should start getting your head around what this might mean. I really hope it doesn't go that far and I hope I am not scaremongering. (This is where I am with my situation right now).

But being prepared for this will help you along the way and stop you getting put off the battle by any nasty surprises they might throw at you. Forewarned is forearmed I think.

I know what you mean. Court is always a possibility, just means the banks are running scared and have nothing else to throw at you (I feel anyway). It would be dreadful if this goes that far, but, I shall prepare.

fatbelly

Satos wrote: »

Missed this sorry. There are three debts in total; Loan, Card and Overdraft.

The original agreements were all pre 2007 if memory serves me correct, Debt issues began 2009. Can check through information again though.

OK, the loan and the card can be cca'd. But that doesn't apply to the overdraft.

The OFT issued this guidance

OFT1272

Satos

fatbelly wrote: »

OK, the loan and the card can be cca'd. But that doesn't apply to the overdraft.

The OFT issued this guidance

Ah, a shame but not too bad. Overdraft is by far the lowest of the three and is easily manageable.

CCA's shall be typed up later today and sent off.

I have seen that a debt collector once said to someone a Postal Order they included had been 'misplaced'. If a PO is crossed it can only be paid into a bank, I think.

Is this a nice way of tracking it's progress also through the Post Office, check the numbers, surely on their systems it must say if a PO has been cashed via a bank or not and prove them to be talking male cow poo.