Apex Letter on Car Finance HP

[little teacup]

Hi All

 

My husband has received a letter from Apex informing him they have bought his debt although we have been paying monthly to them for many, many years. He wrote back asking for a copy of the agreement with the £1 postal order.

 

They have sent a letter back saying "We will continue to chase ++++++ but would like to manage your expectations by explaining that we are limited on the number of requests we are able to send." Does this mean we have to allow them longer than the 12+2 days, which includes the bank holiday (for which we have added an extra day) is the 8th of June.

 

Any advice would be wonderful.

 

Thank you

 

LT

[MONX]

Hi little teacup

 

I would say that its a load of old baloney, a CCA request is an official request for them to provide a "true copy" of your original credit agreement. The period you are expected to wait until the claim goes into dispute are the same whether they are "managing your expectations" or not and the number of requests they have does not affect your rights.

 

Once they have had the 12+2 it puts the debt into dispute, just sit back and wait!

[spamheed]

the 12+2 days refers to 12 working days+ 2 days for service (postage) although you should allow for the bank holiday and weekends, there is no allowable leeway for their administrative failings. This is not an interpretation of the law, this is the letter of the same law that they try to squeeze you with

 

Once the 12+2 days have passed without production of the CCA they should refrain from any enforcement until they are able to furnish the document.

 

One step at a time is the best way to proceed, don't let them worry you, they are all bull and bluster and rely on your fear, panic and worry to maximise their returns on debts they buy for coppers in the pound

[Hardupnotfedup]

Total and utter twaddle on the 9th send this

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[little teacup]

Thank you all so very, very much for all the help and advice. It is very much appreciated.

 

I will follow your instructions. Roll on the 9th!

 

Thank you

 

LT

[Hardupnotfedup]

Please remember that the alleged debt remains live, not receiving the agreement just puts the account into dispute.

This means that the debt cannot be legally enforced.

You can legally withhold payment if you wish, it also puts you in a very strong bargaining position for a low F&F offer, it has been said on here where people have been successful with offers as low as 5%.

Please seek advice before doing this.

Good Luck

[cerberusalert]

...but would like to manage your expectations by explaining that we are limited on the number of requests we are able to send.

Uneducated drivel. They are bound by CCA 1974 to provide a copy... end of.

 

Translated it says they realise that the a/c is so old it is likely that they won't be able to provide an enforceable agreement.

[little teacup]

Good Morning all

 

As I expected I have had no documents from Apex and I am going to post (registered of course!) the letter which you kindly gave me the link to.

 

What will happen next? Sorry for what may seem A dumb question but I haven't done this before. Usually I am just a timid mouse but I am getting fed up of being trampled on!

 

LT

[little teacup]

Hello All

 

Today I have received not one but two letters from Apex from different departments.

 

The first one I opened contained 7 double sided A5 sheets and a letter stating "Please find attached your statement of account as requested. Please now contact the office as a matter of urgency to arrange payment."

 

The second letter states "....most sorry to learn that you have been dissatisfied with the service we have provided and will be conducting a through investigation into your concerns. Once we have completed this we will write to you again."

 

They have also enclosed a copy of their internal Complaints Procedure.

 

The second letter has also given us a new surname!

 

Sorry to mither but what do I do next.

 

Thanks a million.

 

LT:)

Edited June 19, 2010 by little teacup
missed out a space

[cerberusalert]

Sorry to mither but what do I do next.

Nothing, the ball's firmly in their court now 7 the a/c remains in dispute until the produce an enforceable agreement.

[harrassed senior]

Too lazy to look back, did you send the account in dispute letter? If you did then as Cerberusalert says above, do nothing balls in their court and they know it.

[little teacup]

Thanks for the replies, sorry for not answering sooner had to make tea!

 

Yes I did send the account in dispute letter.

 

Also on the statements they have sent some of the payments are very strange. We have always paid either £2.00 or £3.00 and the payments listed are for £1.77 and £2.65. All interest and charges were frozen any idea why the payments received are different to the payments we sent?

 

Thanks for all the help and advice.

 

LT

[cerberusalert]

Did you send payments by Paypal?

[little teacup]

No payments were always by cheque.

 

LT

[little teacup]

Good Morning All

 

A copy of the credit agreement requested from Apex arrived today. Can anyone tell me if it is correct. I have taken off all identifying marks. They also sent a copy of the terms and conditions but only pages 3 & 4. And they also quoted Judge Waksman CCA.

 

Thank you for looking and your help and advice.

 

LT

 

http://i1020.photobucket.com/albums/af322/silverblinds/Apexwithfigures.jpg

[cerberusalert]

One of the other site team have looked at it for you & I'm afraid it all seems in order.

 

Have you been defaulted on it yet?

[little teacup]

Thanks for letting me know! It must have defaulted many, many years ago as we have been paying £3 per month for over 10 years!!!! I just wanted to know it was all above board.

Thank you very much.

LT

[cerberusalert]

Where did you sign this agreement?

[little teacup]

Where? As in the address? It was in a car showroom.

LT

[cerberusalert]

I thought it would have been but I thought I'd ask just in case. If it had been at home we would have had an argument against its enforceability. But alas it closes that particular door.

[little teacup]

Thank you very much for having it checked out for us. No doubt I will asking for more advice soon as we are on the cusp of a financal disaster.

Thanks again

LT