Apex Credit management unable to provide CCA but still chasing me for payment

SusieDo · 7 March 2011 at 5:17PM

I bit the bullet a couple of years ago after hiding away from my debts, I am getting there and it's been a struggle. I had been paying £33 a month regularly up until Dec last year and Apex contacted me out of the blue saying that I must provide details of my income/expenditure so that they could decide if I should increase my payment to them. They called me at least 5 times a day, at all times of the day.
I decided to offer them a reduced payment of £25 (mainly just to be awkward but also because my income has been reduced recently due to having been made redundant and taking a job for less money, further away)
They continued to call saying they could not accept the reduced payment as they had not agreed it etc etc.
Anyway, I looked through my paperwork and couldn't find the CCA so I asked them for it (mainly just to be awkward but also because I think I should have this)
Have used the templates on here to request the CCA from APEX for a Mint/RBS debt. I also asked them to stop calling me (which they did) and just to communicate via letter.
To cut a long story short, I sent the CCA request in Dec, they sent it back in Jan (the actual letter I sent) saying I had to contact RBS. I sent a reminder back to them in Jan, they sent it back again and said that I had to contact RBS and that my account would be put on hold to give me time to sort. I sent the 'account in dispute' letter and I stopped my SO to them. They have ignored this and have now just sent a 'you have missed a payment to us'
It seems they just ignored all the letters I have sent and that by sending my originals back they have absolved themselves from addressing the issue - it is clear that they dont have the CCA. But they have collected the money from me in the past and are now starting to harrass me again.
I just wondered if this was something that they just did, what do I do now that I have stopped payments to them. I know it is up to them to provide the CCA or at least contact the OC on my behalf or have I got that wrong?
Sorry for the lengthy post!

nottoolate · 7 March 2011 at 6:11PM

they are obliged to pass the request on. if they don't then thats their problem

SusieDo · 7 March 2011 at 6:19PM

Thanks, do I need to remind Apex that this is the case?

FTW · 7 March 2011 at 8:42PM

SusieDo wrote: »

Thanks, do I need to remind Apex that this is the case?

No. Report Apex to the OFT, Consumer Direct and the Financial Ombudsman Service - the account is in dispute, and Apex should not be continuing to pursue.

If they pass it on to another agency (which they will), all you have to do is refer to the CCA request you sent to Apex - and no, you don't have to send that agency a copy of that request.

As nottoolate has already said, if Apex haven't forwarded that request on to the client as they should have - and for which you paid them to do so - that is Apex's problem.

You've already done your part, and you don't have to do anything else for the moment.

SusieDo · 25 March 2011 at 10:22AM

Update on above - had a letter through the post from H L Legal & Collections solicitors in association with SAMPSON & CO

Notice of pending legal action

They have been 'instructed by' Apex and unless I pay in full in 7 days then court proceedings may be taken against me and I may be liable for all costs blah blah blah

I am not to reply to HL Legal, but instead go back to Apex.

Who are these cowboys? Are they really solicitors? I will report them to the OFT for harrassing and threatening me anyway but is there anything else I should do?

PS they haven't signed it, except maybe unless there is a real person called HL Legal ??

king100 · 25 March 2011 at 10:36AM

They can still chase the debt even without a CCA, all it means is that they cannot take you to court to enfore the debt.

1.You have CCAd thyem and no CCA sent within 12+2 days? Yes/No
2. You sent letter in dispute? Yes/No
3. Have you sent harrasement letter yet? Yes/No

If not here is the letter so no more phone calls

Your Street
Town
City
Postcode
DATE HERE
Company Name
Road
Town
City / County
Postcode

Dear Sirs
Harassment by telephone

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls.(Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any furthertelephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE] (type don't sign)

king100 · 25 March 2011 at 10:37AM

SusieDo wrote: »

Update on above - had a letter through the post from H L Legal & Collections solicitors in association with SAMPSON & CO

Notice of pending legal action

They have been 'instructed by' Apex and unless I pay in full in 7 days then court proceedings may be taken against me and I may be liable for all costs blah blah blah

I am not to reply to HL Legal, but instead go back to Apex.

Who are these cowboys? Are they really solicitors? I will report them to the OFT for harrassing and threatening me anyway but is there anything else I should do?

PS they haven't signed it, except maybe unless there is a real person called HL Legal ??

I may do this I may do that.

Sparklyfairy · 25 March 2011 at 2:54PM

Hi there,

I'm in a similar situation with Apex at the moment re Barclaycard. Apex chased for debt, I sent CCA, we too'ed & frowed back & forth, then Apex assigned me a REAL person lol to "look into my complaint." They asked Barclay's to send me the CCA, Barclays only sent 1 cover page - no CCA back in Nov, in Dec 2010 Apex complaint manager sent me a letter saying that Barclay's don't have the cca & it is unenforceable & they're returning it to barclays, blah blah blah, then out of the blue yesterday I got another letter from the SAME person (actual signature & everything lol!) saying you've received the cca back in Nov & we're continuing collection activities!!

They, as are MOST dca's, really unorganised. Make sure you keep all paperwork that you receive together to refer to & if it continues make sure you make a formal complaint about them with the above named ombudsmen (include Samson & HL). Also be sure to tell them in a letter about these complaints b/c they are clearly acting outside of the guidlines...but try not to stress. Try to have fun with them!

SusieDo · 25 March 2011 at 8:45PM

king100 wrote: »

They can still chase the debt even without a CCA, all it means is that they cannot take you to court to enfore the debt.

1.You have CCAd thyem and no CCA sent within 12+2 days? Yes/No - SusieDo- yes to Apex
2. You sent letter in dispute? Yes/No - SusieDo- yes to Apex
3. Have you sent harrasement letter yet? Yes/No - Susiedo- I asked them to stop calling me when I asked for a CCA, in fairness they do not call me anymore - Apex

It's just the letters now, 2 from Apex and now this one from HL Legal - is this still harrassment? I just got concerned when they mentioned that they were solicitors. If they are trying it on, then I will just wait it out.

Apex Credit management unable to provide CCA but still chasing me for payment

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