Harrassed by Apex

[Itsmenothim]

I tried to arrange an IVA but it failed because MBNA said that the IVA company were taking too much money.

 

So I contacted every company myself and said that I would pay them all directly the same percentage of the money which they all agreed and I have been doing....

 

I agreed with EGG to pay them £45 which I was doing but then they sold the debt to APEX.

 

APEX then started harrassing me every 3 months or so saying that they need a new full breakdown of my income and outgoings OR can I borrow the money off family or friends etc

even when I told them that nothing had changed or my income has not changed but some of my bills have increased but I will carry on paying the same amount.

 

Can I just refuse to enter into discussion about it beyond saying "Nothing has changed so you have the details" we've agreed £45 and that is all I can afford and all you are getting.

[i hate bailiffs]

you are right by not giving them income details they have no right to it

 

if they are being difficult £45 per month sounds far too much!!!

[Itsmenothim]

My disposable income using the calculations done by the IVA company was £300

I split this up as a percentage of all the debts giving £45 for this EGG account.

 

I've been paying it for about 3 years now without fail but they keep harassing me.

 

MBNA as an example of the opposite just let me get on and pay it.

 

I had an EGG loan and an EGG CC.

 

One was sold to APEX the other was sold to another company who also kept harassing me but they stopped when I said that if they try and force me to pay more I'll go bankrupt

and they will not get anything. It wasn't a serious threat but they have been ok since.

[BRIGADIER2JCS]

The statenent from Apex re borrowing further to pay them are these in writting?

This is a serious breach of the OFT Guidance on Debt Collection 2003/2011 and

must be reported.

May I suggest the following letter to the Compliance Manager at Apex.

 

Ref:xxxxxxxxxxxxxx

 

Breaches of OFT Guidance 2003/2011.

 

Dear Sir Or Madam,

 

I refer to your recent contact regarding the debt for £ xxxxxx which you claim is owed by me, and your demand for a statement of my income and expenditure as I

am sure you are aware I am under no legal obligation to supply this unless order to do so by a court, however as a gesture of goodwill I have reviewed my finanace and have calculated that as my day to day priority living expences have increased and my income has not I must reduce my payments to £xx ( you decide what you can afford).

 

Perhaps you should be reminded of the OFT Guidance on Debt Collection 2003/2011 and the section on pressing debtors to increase borrowing to pay such debts.

 

I am today forwarding a copy of this letter to the OFT.

 

The first reduced payment is enclosed herewith.

 

send recorded delivery.

[citizenB]

It is a breach of OFT guidelines to even suggest that you borrow money from friends and family or from any other source.

 

If you had an agreement with Egg at the time then Apex should be honouring that.

 

Are you absolutely certain the debt has been sold/assigned to APEX - they usually on act as collection agents.

 

You can establish if a sale/assignment has taken place by sending them the following letter.

 

Draft request for assignment - Amended Draft.doc

[BRIGADIER2JCS]

My guess is this is a simple assignment>to collect manage the account as they see fit.

[Itsmenothim]

It is a while ago and I have not got the letter to hand but I am sure that the letter stated that the debt had been transferred to Apex.

 

The information given is very useful re them trying to harass me into borrowing money to pay them back.

[Itsmenothim]

Oh and I am sending them the CCA letter for good measure.

 

and when they rang they asked me to answer security questions... I told them that I know who I am but I can't be sure who they are, they didn't like that and said they would send a letter.

[dx100uk]

PPI

PENALTY charges?

 

anyone that messed me around would get £5 LESS

 

its YOUR MONEY

YOU call the shots NOT THEM!!

 

either they FREEZE the interest and stop charges or they get £1PCM tlll you die

 

TAKE CONTROL.

 

dx

[BRIGADIER2JCS]

It is a while ago and I have not got the letter to hand but I am sure that the letter stated that the debt had been transferred to Apex.

 

The information given is very useful re them trying to harass me into borrowing money to pay them back.

It is very important to report this to the OFT.

 

Get that letter off to Apex asap.

[ScarletPimpernel]

It's also a breach of OFT Guidance for them to press a debtor to make unaffordable payments.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

 

Have a read of the article above, it has information that might help

[Itsmenothim]

Thanks everyone. Everyone except Ikea froze all interest and charges although HSBC are charging an inflation like rate.