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    • emma1301
    • By emma1301 11th Oct 18, 10:22 PM
    • 10Posts
    • 2Thanks
    emma1301
    Dca advice needed
    • #1
    • 11th Oct 18, 10:22 PM
    Dca advice needed 11th Oct 18 at 10:22 PM
    Hi
    I got into financial trouble in 2007 with an unsecured loan my now ex husband got me into (it's in my sole name). I divorced my husband and missed payments on my loan. It went into default and got passed to Apex. I made an agreement and started paying 60pcm. Life moved on, the default timed out on my credit file, 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?
    thanks in advance
Page 1
    • sourcrates
    • By sourcrates 11th Oct 18, 11:15 PM
    • 15,543 Posts
    • 14,630 Thanks
    sourcrates
    • #2
    • 11th Oct 18, 11:15 PM
    • #2
    • 11th Oct 18, 11:15 PM
    Hi,

    Apex was bought out by Cabot in 2011, and Robinson way is now a part of hoist finance, so yes, it looks like your debt has been sold on.

    Myself I would start proceedings by making a sec 77/79 CCA request to RW, see what comes back from that.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • emma1301
    • By emma1301 12th Oct 18, 8:49 AM
    • 10 Posts
    • 2 Thanks
    emma1301
    • #3
    • 12th Oct 18, 8:49 AM
    • #3
    • 12th Oct 18, 8:49 AM
    Thank you for taking time to reply to me. Could you help me by signposting me for how I start these proceedings?
    Also....Could help me with....
    Would you call them 1st to make sure they have the debt?
    I wonder where all my payments (excess of 6k have been going)?
    Would you carry on paying in the meantime?

    Thanks
    • sourcrates
    • By sourcrates 12th Oct 18, 12:41 PM
    • 15,543 Posts
    • 14,630 Thanks
    sourcrates
    • #4
    • 12th Oct 18, 12:41 PM
    • #4
    • 12th Oct 18, 12:41 PM
    Thank you for taking time to reply to me. Could you help me by signposting me for how I start these proceedings?
    Also....Could help me with....
    Would you call them 1st to make sure they have the debt?
    I wonder where all my payments (excess of 6k have been going)?
    Would you carry on paying in the meantime?

    Thanks
    Originally posted by emma1301

    Hi,


    You should send a CCA request, also ask for the notice of assignment whilst your at it.


    Template letter here :


    https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Just Di
    • By Just Di 13th Oct 18, 9:12 PM
    • 139 Posts
    • 61 Thanks
    Just Di
    • #5
    • 13th Oct 18, 9:12 PM
    • #5
    • 13th Oct 18, 9:12 PM
    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?
    Originally posted by emma1301
    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
    • By emma1301 16th Oct 18, 10:43 PM
    • 10 Posts
    • 2 Thanks
    emma1301
    • #6
    • 16th Oct 18, 10:43 PM
    • #6
    • 16th Oct 18, 10:43 PM
    Hello Di

    Apologies for my delay in replying to you.
    In answer to your questions....

    Yes I continued to make payments up to present date
    There is no PPI on the loan

    My circumstances have moved on since my last post as after doing some digging for advice I got worried that they would apply a 'back door ccj' on me at my old address.....I really want to avoid a ccj
    So I called them. I have given my new address. 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 expressed my concern of the validity of the debt and them owning it due to the age of it (considering they referred to me by a name I have not been known by in 11 years)
    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.

    I guess I just wait now!

    Thanks for listening.
    • Just Di
    • By Just Di 17th Oct 18, 1:10 PM
    • 139 Posts
    • 61 Thanks
    Just Di
    • #7
    • 17th Oct 18, 1:10 PM
    • #7
    • 17th Oct 18, 1:10 PM
    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.
    Originally posted by emma1301

    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
    Last edited by Just Di; 17-10-2018 at 1:13 PM.
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