Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

[tic-tac-toe]

Last year I received a letter from Apex regarding a Natwest debt. I immediatly went requested the CCA They wrote back saying "I can confirm thos request needs to be made direct to the Royal Bank of Scotland as they are the principal company with whom the agreement was reached."

I wrote back using one of Niddy's template letters (from MSE) that included "I clearly explained in my original letter what I expected from you, therefore your response telling me to go and speak to the original creditor is way out of line and I refer you back to your legal obligations, in particular s.175 (CCA1974); quoted from my original letter, below;"

They wrote back basically saying the same thing again. Having read "If you have put the account into dispute, you just sit and wait for them to make a move" on various MSE threads; I did just that. And didn't hear anything more from them until last week (8 months since their last letter).

Is the Threat by Lender/D.C.A - To commence litigation the correct template to use in this instance when writing to Apex?

[Never-In-Doubt]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Last year I received a letter from Apex regarding a Natwest debt. I immediatly went requested the CCA They wrote back saying "I can confirm thos request needs to be made direct to the Royal Bank of Scotland as they are the principal company with whom the agreement was reached."

I wrote back using one of Niddy's template letters (from MSE) that included "I clearly explained in my original letter what I expected from you, therefore your response telling me to go and speak to the original creditor is way out of line and I refer you back to your legal obligations, in particular s.175 (CCA1974); quoted from my original letter, below;"

They wrote back basically saying the same thing again. Having read "If you have put the account into dispute, you just sit and wait for them to make a move" on various MSE threads; I did just that. And didn't hear anything more from them until last week (8 months since their last letter).

Is the Threat by Lender/D.C.A - To commence litigation the correct template to use in this instance when writing to Apex?

What did they send you, have they made a threat? At the end of the day so long as you have a copy of those letters you sent requesting a CCA and the proof of postage from royal mail website then you'll be fine - you would request a strike-out if they pursue court action.....

Don't send anything yet, please clarify what they sent you - or upload a copy to the secure section (see my signature)....

[oscar]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Last year I received a letter from Apex regarding a Natwest debt. I immediatly went requested the CCA They wrote back saying "I can confirm thos request needs to be made direct to the Royal Bank of Scotland as they are the principal company with whom the agreement was reached."

I wrote back using one of Niddy's template letters (from MSE) that included "I clearly explained in my original letter what I expected from you, therefore your response telling me to go and speak to the original creditor is way out of line and I refer you back to your legal obligations, in particular s.175 (CCA1974); quoted from my original letter, below;"

They wrote back basically saying the same thing again. Having read "If you have put the account into dispute, you just sit and wait for them to make a move" on various MSE threads; I did just that. And didn't hear anything more from them until last week (8 months since their last letter).

Is the Threat by Lender/D.C.A - To commence litigation the correct template to use in this instance when writing to Apex?

Moorcroft keep trying that trick with me - "you need to write to Natwest". Bullshit I do. I have told them (several times) that Natwest refuse to deal with me. (cos they didnt like being told what they HAD to do) To be honest they have been quiet for a little time now.

[tic-tac-toe]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

What did they send you, have they made a threat? Don't send anything yet, please clarify what they sent you - or upload a copy to the secure section

I have copies of the letters I sent along with proof of postage - I know to keep these and always to communicate in writing & never by phone. Apex's most recent letter to me includes the following:

Our above named client has now formally requested that we commence proceedings to recover the outstanding debt. We remain keen to discuss the full repayment of the balance outstanding on your account and would therefore request that you contact our office immediately on xxx.

However, please note that unless your full balance is paid or an acceptable proposal of payment is received within 72 hours, your account manager will assess your account and the following steps may be taken as a consequence:

1: Legal action may be taken to obtain a County Court Judgement against you so that enforcement action can be taken.

2: If it becomes necessary to issue proceedings to enforce the debt, legal costs and fees incurred through this process may be levied to your account any you may become liable for their repayment.

3: Your account may be passed to a recovery specialist who will arrange a visit to your home to obtain payment to recover the outstanding balance.

[Deepie]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Hi They seem to use a lot of if's and may's

[tic-tac-toe]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Which template letter do you suggest I use in this instance when writing to Apex?

[Never-In-Doubt]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Dont send anything yet! I've asked if you can upload the letters.....?

[Never-In-Doubt]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Ok for the sake of clarity I suggest you send a letter saying that you've sent a cca request which remains outstanding and until such time you comply with my lawful request ( attach a copy) then any claim will be vigorously defended followed by a counterclaim as any action would be unlawful and vexatious.

That ought to do it.

[tic-tac-toe]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Hi Niddy,

I've received some documents and would very much appreciate it if you'd please take a look at them. They're uploaded to the secure area.

[Never-In-Doubt]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Hi Niddy,

I've received some documents and would very much appreciate it if you'd please take a look at them. They're uploaded to the secure area.

Hiya

That agreement is not legible, I certainly can't read it but with everything attached is may be enforceable..... any chance you could email me the actual agreement in full size please?

[tic-tac-toe]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Hi Niddy,

I posted to the other thread in the 'secure documents' section over the weekend; not sure if you received the alert to to say I posted or my email.

[Never-In-Doubt]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

I'll sort it all tmw and catch up then mate.

Bear with me.

[Never-In-Doubt]

Re: Natwest debt passed to Apex (who claim it's my resposibility to request CCA from Natwest)

Hi Niddy,

I posted to the other thread in the 'secure documents' section over the weekend; not sure if you received the alert to to say I posted or my email.

The documents uploaded are indeed enforceable in my opinion, they have sent everything as required to fulfil s.78 plus the documents look fine to me, however that said they did send a recon along with the original application so check for inconsistencies/errors, ie does the terms they sent actually relate to that account etc - how to tell? Check the rates etc - usually if there is a fault, it'll be in the finer details.... back in 1998 the late payment charge would have been between £25-£30 with natwest, if your terms show £12 or even £15 then they are the incorrect ones.

As Paul always says, the devil is in the detail