natwest credit card and the debt collection angency

rog2

Okay kurjam - I think that the following 'template letter' best suits your current situation. It was posted, by fermi, on 16.03.08, in response to another poster who was in a similar situation.

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir/madam

Account Number xxxx xxxx xxxx

I must admit that I am somewhat bemused as to why this account has been passed to yourselves as it is in dispute with the **original creditor/dca** and has been since **Enter date of your original cca request**.

Not only is this a breach of the OFT Debt Collection Guidelines, but also in breach of the Consumer Credit Act, 1974 and Data Protection Act, 1998.

As **original creditor/dca** are now in default of my Consumer Credit Request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware, whilst my Consumer Credit Act request remains in default, enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequently any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the ** original creditor/dca ** for resolution of these defaults and breaches as ** enter new dca name (Apex) ** cannot lawfully pursue any enforcement activities.

If ** new dca (APEX)** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair trading, Information Commissioners Office, Financia Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act, 1970 - Section 40, as well as breaching a number of the OFT Debt Collection Guidelines.

I hope that further action will not be necessary and that an amicable solution can be accomplished.

I would appreciate your due dilgence in this matter, and look forward to hearing, in writing only, from you within the next 14 days.

Yours faithfully



Sorry it took so long - ordinarily I would have 'cut and pasted' but I am not that computer literate. :rolleyes:

Send this letter (with the green bits filled in appropriately) to Apex, with a copy to Allied and the Original Creditor.

kurjam

thanks rog so i need to send this 3 times to the original dca, allied and apex ?? is that correct

rog2

kurjam wrote: »

thanks rog so i need to send this 3 times to the original dca, allied and apex ?? is that correct

Address the letter to APEX - print off THREE copies of the letter (still addressed to APEX) - Send ONE copy to APEX - send ONE copy to Allied and send the THIRD copy to either the Original Creditor (NatWest) or the original dca.

Good luck.

kurjam

have sent a complaint to the commisioners office today !
thanks for your help will keep you updated...
apex letter says they will send someone round within 3days to check elligability of my residency at my address can they do this ??

rog2

kurjam wrote: »

apex letter says they will send someone round within 3days to check elligability of my residency at my address can they do this ??

Not really, kurjam - whilst there is nothing to actually 'stop' them from calling at your address, please be advised that they will have 'no authority whatsoever' in regard to the alleged debt.
They would have no powers of entry, to your house, whether peaceful or otherwise, and must leave immediately when you ask them to.
Equally, you would be under no obligation to discuss anything at all involving the alleged debt' with them:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Fallenangel152

Hope everything goes well for you Kurjam!

I sent my letter of offer to AIC and haven't heard anything for a couple of weeks now ... should i be worried?

Have they rejected my offer and are likely to be applying for a court letter?

kurjam

Fallenangel152 wrote: »

Hope everything goes well for you Kurjam!

I sent my letter of offer to AIC and haven't heard anything for a couple of weeks now ... should i be worried?

Have they rejected my offer and are likely to be applying for a court letter?

they will probably do what they did to me, just sell it on to another debt company, very frustrating, i am considering wether its just worth making an offer to repay, i am so fed up with all of this... good luck to you

Fallenangel152

Well for me AIC came up with the goods - a full signed CCA and up to date statement ... damn!

I sent them a letter making an offer of payment, but not heard anything back.

kurjam

well surprise surprise i got a reply from apex today, this is what it says...
I can confirm that we have placed your account on hold while we refer the contents of you letter to our clients, the royal bank of scotland group (as they own natwest), so your concerns regarding the previous collection agents and your cca request may be registered with themselves. once we have a response from our clients in relation to this matter we will inform you of there response....

is this good news or bad ??

rog2

kurjam wrote: »

is this good news or bad ??

A bit of both, kurjam - Apex don't want to drop it, probably because hey stood to make a tidy 'profit' out of you, but they are 'checking' the authenticity of your claim.
They should withdraw gracefully, once they have confirmed that you requested, and never received, the cca, as this debt' is now irrideemably unenforceable - no Court is likely to rule in their favour, given the history.
But, don't expect people of the 'ilk' of Apex to do anything 'gracefully'. My instinct is that they will still try to appeal to your 'moral' obligations to 'pay this debt' even though the debt is unproven.
Keep us posted.