Dca advice needed

emma1301 wrote: »

went into default and got passed to Apex. I made an agreement and started paying £60pcm. . . . . I changed address but carried on paying. I struggled financially and lowered my payment to £50pcm. 1 year after lowering my payment brings me to today. I have had Robinson Way call me today. They asked for me by my married name so im making an assumption its to do with this (i have no other unpaid debts). I didnt confirm security details as I was suspicious being called by a name I haven't used for 10 years. They said they had been sending me letters (none recieved) and would be issuing another today.!
my questions are:
as i lowered my payments by £10pcm could apex have sold my debt on?
they obviously don't know my correct surname and am assuming they are writing to me in my old name at an old address. Could they commence ccj action in my old name/address?

Have you only received a phone call (I think that's what you're saying)?

From what you say you didn't pass security on purpose so I'm guessing that means they don't know whether the person on the end of the phone was the person they're trying to trace. Do you have the same phone number (mobile?) as you had to your old address?

Is it possible that you continued to make payments by standing order to Apex for some time oblivious of the fact that the debt may have been assigned to another debt purchaser? Or was there any contact made by you/Apex to agree to the lower payments? Does your post mean that you are still paying Apex? My apologies if I've not completely understood the situation.

If you've not received any correspondence from Robinson Way so far (presumably it would have been sent to your old address) you won't know if they send you a Letter Before Claim informing you of any intention to issue court proceedings 30 days later if it's also sent to your old address. The LBC would come from Howard Cohen Solicitors not Robinson Way if the debt has been assigned to Hoist.

However a debt owner should carry out due diligence (check) before issuing a claim so if you're visible on the CRA files at your current address (are you on the electoral roll etc?) then they shouldn't serve the claim on another address. That doesn't mean they won't, but it would help with any set-aside application if needed.

How much is the outstanding balance as that might give some indication of how determined they would be to pursue this old debt? And who was the original creditor?

Did you have PPI on the loan?

At the moment they don't appear to have your current address so ask yourself whether it would be a good thing or a bad thing to let them have it (if you write to them).

If you do receive anything in writing then perhaps respond with a Prove It! letter.

Di

emma1301 wrote: »

Yes I continued to make payments up to present date

. . . . They said they took on the debt in September from Lloyds (Not Apex) and £17k is what they are chasing me for.
I never mentioned about me paying and never mentioned Apex.
. . . .
I said I wanted a copy of the original agreement, a statement of account and assignment of debt.
They agreed and said action would be in hold whilst this was organised.
To back this up, I issued a cca request in writing with £1 postal order.

Can you just clarify if Robinson Way are chasing you as the Debt Collection Agent for Lloyds, or are they chasing you on behalf of Hoist Portfolio?

It's odd that there was no mention of Apex if that's who you have been paying over the years (£6k?). I'm glad you didn't mention it either because you need to do some background research before showing your hand.

I would send a Subject Access Request to Lloyds to discover what's been going on with assignments. Some debt purchase agreements allow the purchaser to return the debt to the original creditor under certain circumstances.

Eventually (not yet) you may benefit from sending a SAR to Apex to discover the history of their involvement.

See what comes back from Robinson Way in response to your s 77-79 CCA Request. Strictly speaking the request should be sent to the current debt owner (Hoist?) but I'm unclear on who that might be so sending it to Robinson Way has at least got them to put this £17k debt on hold.

Does the maths add up? Is £17k more or less the correct outstanding balace taking into consideration the thousands of pounds you have been paying to Apex?

Now that you have given Robinson Way your current address there should be no nasty surprises behind your back. If they did issue/serve a claim on your old address then you will need evidence that you'd given them your new address to get any CCJ set aside. If they write back to your CCA Request to your new address then you'll have that evidence

Di