APEX trying to collect an old Student Overdraft past its limit from Lloyds

[dhonky]

Hi guys,

 

New user here. I was a student many years ago and had a student overdraft paying of £1500 paying no interest on it. Once I graduated, they started charging interest on it for the next few years.

 

I used to keep an eye on it through internet banking as I've lived abroad since graduating. If it was approaching its limit (-£1500) through the interest charges (approx £25 a month) I would transfer some money into it.

 

After having post delivery problems in Spain (unreliable post) I decided to change my address to my parents' in the UK. Did this as I moved around a lot anyway.

 

So last August they sent a letter to my parents address informing me I was over my limit. I hadn't visited for a while so hadn't read my post. In October I transfered some money accross to the account as I noticed it had gone over its limit through checking my internet banking. Without me realising it, the money was returned due to the account being "cancelled". In November I tried to access internet banking and it didn't work. Called them and they couldn't tell me anything. They told me to go to the branch in person which I can't do. After my Dad then opened all my post I realise now my debt is with APEX credit management.

 

I contacted them and asked them what info they have on me and got an email back telling me to pay into their account and also this sentence -

 

"I can advise that clients will hold the information regarding the account as Apex Credit Management are dealing on behalf of and this information will not be given."

 

Not quite sure what that means really. Am I the "client"? Or is my bank?

 

My questions are as follows -

 

1. Lloyds had both a telephone number for me and email address but contacted neither. Can I not complain that they could have actually spoken to me before passing the debt on. I would prefer to pay the money back to Lloyds and keep a clean credit record.

 

2. This is a blemish on my credit record right? Will I have many problems in the future if I move back to the UK? How long will this last?

 

3. How do I know APEX have the right to collect my debt? Shouldn't they send me all the info they have on me? Do I have the right to request it?

 

4. How should I proceed with dealings with APEX? Is by email ok? Writting letters would take quite a while for delivery.

 

Would happily pay the debt back to Lloyds to avoid all these issues. I haven't actually had any contact with them as I can't speak to my branch by phone and sending a letter would take forever.

 

Many thanks for any replies.

 

Dhonky

[42man]

How old is this ? Any chance it may be statute barred (bearing in mind the information below)

 

STUDENT LOANS

Student loan agreements are simple contracts

and this gives the Student Loans Company

(SLC) six years from the date you last paid or

acknowledged the debt to go to court to

enforce the agreement. There are two sorts of

student loans and different rules apply

depending upon when you took out the loan.

Old style student loans

Old style or ‘mortgage’ student loans are

consumer credit agreements. Payments cannot

automatically be deducted from your wages.

The SLC has to go to court before they can

enforce the debt against you. This means that

the Limitation Act can apply if you have not

paid or acknowledged the debt for over six

years.

WARNING

Asking for the loan to be deferred could

count as acknowledging the debt and start time

running again.

New style student loans

From

September 1998 new style or ‘income

contingent’ student loans include rules to say

that repayments will be automatically deducted

directly from your wages or through your tax

return if you are self-employed. This means

that the SLC are still allowed to take money

from your wages for a loan over six years old

as they do not have to go to court to do so.

[Guest]

dhonky

you should've been given some sort of official notice in the proper form in writing re the 'calling in' of the overdraft/account. if it was 'by reason of any breach' by you, then a default notice may have been required. they would be entitled to write to your given address only.

the email from apex you mention prob refers to loyds re 'client'.

check your credit file to see what's been recorded.

yes, you should've received some form of written notice that the matter/payment was now being serviced by apex.

email correspondence should be ok.

you can do a sar to get info, prob to loyds first.

[dhonky]

Thanks for the reply guys.@42man - Thanks for the suggestions but its just a student overdraft and not my student loan. That is still ongoing but I have never paid anything back and the've never asked me to (due to me not earning enough and living abroad the whole time).@ford - Brilliant. So I'll send an SAR to Lloyds and see what they answer. I'll send one to APEX after that to see what they have on me before I pay them back.I sent Lloyds a message anyway to see if I could pay them back in full anyway. I'll see what they reply.Thanks for the help!!!

[Guest]

apex are not likely to have much more info on you than what loyds has as they are, atm, only acting on behalf of loyds and would prob only receive a computerised instruction from loyds, which loyds should have anyway.

if you are going to pay it all back try and do so before they record a default (if applicable), check your credit file for any defaults.

Edited January 20, 2012 by Ford