Lloyds TSB debt; passed from AIC to Apex Credit Management

[jimmyjobby]

I was being chased by AIC for an overdraft debt just under £2,000. I sent them CCA request in October - this was ignored. I then received two letters from AIC last month which told me court proceedings were going to start and that they would pay me a 'home visit'. I sent them a letter two weeks ago telling them the account was in dispute (currently waiting for a copy of my statements from the bank because they took over £1,000 in charges on that overdraft), to stop harassing me, NOT to visit my house and that I would contact them in due course.

 

Now, just 10 minutes ago, a letter from Apex Credit Management pops through the door claiming the overdraft debt. What do I do now? I will obviously tell them the account is in dispute, but do I need to send a new CCA request?

[ScarletPimpernel]

No, you don't need to send a new CCA request. Just send a short reminder of the situation:

 

Dear Curs

 

You are in criminal default of the formal request I made on (date) pursuant to s.77/78 of the Consumer Credit Act 1974. It should not be necessary to remind you that the law is clear that whilst in default, you may not demand payment. If you do not understand this, you should consult a qualified solicitor.

 

Until you comply fully and properly with my request, or confirm in writing that you are unable to do so, I will not enter into further correspondence.

 

Yours etc.

[jimmyjobby]

No, you don't need to send a new CCA request. Just send a short reminder of the situation:

 

Cheers; do I send it to the new DCA (Apex), the old DCA (AIC), or both?

[ScarletPimpernel]

Edit the first line to read: " Your client is in criminal ...", and send it to the latest DCA.

 

They may claim that AIC returned the file to the client; however AIC were under a legal obligation, as the original creditor's agent, to pass the request on, and so as long as the request was received whilst they were still acting, it remains extant. Presumably you haven't had the £1 fee back, thus demonstrating that they acknowledged the request.

[jimmyjobby]

Further to this, just received a letter from Apex which offers a 50% discount of my debt...this makes me suspicious; why would they do this?? Is it possible that they know they cannot implement the debt as the CCA is lost?

[MoonHawk]

How is s.77/78 relevant to an Overdraft? I believe an overdraft does not require a CCA and is covered by your agreement.

 

Best Wishes

MoonHawk

[Tinka Bell]

Can someone please help me? I am new on here today, found this site accidentally. I am looking for advice on dealing with Apex management who have taken over an outstanding debt originally owed to Lloyds Tsb (approx £14,500) Having read some posts on here i am concerned should not be paying Apex who want £130/mth for approx 14yrs! Can anyone advise me pleas?