Need help with Legal Recovery Company

[Ceejaylo]

Re: Need help with Legal Recovery Company

Blooming-heck CC these little grey cells of mine realy are getting in a jumble.... 12/6d. for the life of me I couldn't recall what the 12 represented, it took a few mins to go through the err - Pounds, errr ???? pence, Pounds err...err... SHILLINGS! got-yer Letter wrote, will be posted recorded delivery on Monday.

[CleverClogs]

Re: Need help with Legal Recovery Company

Blooming-heck CC these little grey cells of mine realy are getting in a jumble.... 12/6d. for the life of me I couldn't recall what the 12 represented, it took a few mins to go through the err - Pounds, errr ???? pence, Pounds err...err... SHILLINGS! got-yer

Five half crowns. 63p for youngsters.

Letter wrote, will be posted recorded delivery on Monday.

Good, but Special Delivery is better if you can afford it. Recorded is tracked a little less and may sometimes not be recorded properly on receipt, whereas Special Delivery is recorded at every change-over. It's also guaranteed to be delivered on the next working day.

[Ceejaylo]

Re: Need help with Legal Recovery Company

Today I have recieved the following letter from APEX Credit MAnagement.... Your thoughts would be greatly appreciated.....


Dear

Apex Ref:-
Original Creditor:- Black Horse
Account Number:-
Outstanding Baqllance:-

Further to you letter dated 07 June 2011, the contents of which have been noted and we apologise for the delay in responding.

We confirm that we have referred this account to Black Horse for them to provide a copy of your agreement, terms and conditions and statement of account, to enable us to deal with your queries efficiently.

We have placed the about account on hold and you will not receive any further contact from us until we have recieved these documents from Black Horse.

We will continue to chase Black Horse and appreciate you patience in this matter.

Yours sincerely etc.. etc...

How does this effect the 12 day deadline? also I note there is no mention of the Deed of assignment.... Do I just sit and waite? Your thoughts on all this kind people???????

[CleverClogs]

Re: Need help with Legal Recovery Company

How does this effect the 12 day deadline?

It doesn't effect (i.e. create) any deadline.

The effect of the missed deadline is that the creditor(s) have now defaulted on their obligations under the Consumer Credit Act 1974; for as long as that default continues, the debt remains uncollectable.

also I note there is no mention of the Deed of assignment.... Do I just sit and wait?

You could take up knitting.

[Ceejaylo]

Re: Need help with Legal Recovery Company

Good Grief CC.... I didn't get to be a Great Grandma without learning how to knit and make jam, bake delicious cakes and sing Jerusalem while tapping my belly and patting my head. However, now I'm retired I do all the wrinkly stuff - play tennis, lunch with me mates, zip around the countryside in me Saab convertible, top down, shades on, and 60's music loudly entertaining the world while I head for Silverstone.

[Ceejaylo]

Re: Need help with Legal Recovery Company

Well, it's now 10 weeks since I posted my letter to Apex (Pinnacle) requesting a copy of the Credit Agreement, Statement of Account and a copy of the deed of assignment. All I have received is the statement of account. This shows that the debt referred to is an old debt I have with United Dominion Trust, (apparently taken over by Black Horse Finance at some time unbeknown to me) on which a CCJ was awarded against me in 1998, instructing me to pay £10 per month and on which I have never defaulted. But no copy of the Credit Agreement or deed of assignment and no contact from UDT or Black Horse Finance.


As I have no proof that Apex have the legal right to collect the debt and I shall not be making any payments to them nor will I make any further contact with them, although I shall continue to pay UDT.

[Ceejaylo]

Re: Need help with Legal Recovery Company

Hello All, I thought this thread was dead, but no, this morning I recieve another letter from Pinnicle (Apex) and before I answer them - should I answer them?- I would appreciate your advice. Quick recap.... I defaulted on a loan to DTD (Black Horse Finance) in 1986. A CCJ was awarded against me in July of that year and I was told to pay £10 per month. I have never defaulted on my repayments. The debt was sold on to Apex last year. I have made NO agreement with Apex nor had any further contact with them since 13th October 2011 when (after recieveing confirmation from Black Horse solicitors that Apex were now collecting the debt) I changed my Bank Standing Order from UDT to Apex)

Here is the letter in full.

"We refer to the above mentioned account and your current proposal of payment. We agreed this arrangement for a period of 3 months to be followed by quarterly reviews, when we would be looking to increase your instalments dependent on your current financial circumstances."

(They propoposed no agreement nor have I agreed to any repayment with them other than the agreement as the CCJ)

"As the current arrangement is due to expire, in order to secure an ongoing payment plan and the continued benefit of paying on instalments, we request that you contact our office on (phone number) within the next seven days to discuss the matter further".

Here comes the threats, intimidation -

"If you default on your agreement or fail to contact us, the account may be passed through our pre-letigation process where the relevant validations and checks may be completed. This may consist of a credit check to review your current financial commitments; a possible Land Registry check against owned property; and further personal checks. Your account may then be passed to our solicitors who will commence legal action.

We look forward to hearing from you shortly"....

Your advice would be greatly appreciated.....

[Curlyben]

Re: Need help with Legal Recovery Company

File it under I.
Unless they are willing to take this back to court to have the terms of the CCJ redetermined, then they will have to swallow your current arrangement.

[wales01man]

Re: Need help with Legal Recovery Company

We got almost the same from a debt collector to who my wife is paying £4 a month on a ccj as ordered by the court it like the OPs debt has always been paid and in advance i think that at £4 a month they are getting pennies in commission and are trying it on in an attempt to get more i presume as long as you keep to the agreement made with the court that their only action would be to u know what off

[Ceejaylo]

Re: Need help with Legal Recovery Company

File it under I..

????

Hi Curlyben...... Are you saying I shouldn't bother answering them?

As they intended, I guess their intimidation has worked on me...


I know and I know they know that to vary the CCJ, they must apply to the Court. But can they do as they threaten if I don't answer and will this mess up my now good credit rating?

[CleverClogs]

Re: Need help with Legal Recovery Company

The account can only have one default marker applied and that would long since have fallen off the file.

They might try to take the case back to court but, after some 26 years have elapsed, I doubt they'd succeed. Indeed, I doubt that any court would have any record remaining of the judgement having been made.

Furthermore, section 24 of the Limitation Act 1980 (link) seems to say that the buggers haven't a hope.

[Ceejaylo]

Re: Need help with Legal Recovery Company

Thanks for your input Clever Clogs. I know you and Curly Ben are right, it's just I have this question about, - should I answer their letter or not?"....

Hubby says ignore them and I think that's what Curly Ben is also saying, but if I do, will they carrying out their threats and ruin my good credit reference which I have now built up?????? What do they mean when they say they will make, "a possible Land Registry check against owned property; and further personal checks".?? What can they hope to gain by doing this ?????

I can't believe the lies they tell.... I have never made any agreement with them and they know it... and then they threaten and intimidate... Companies like this shouldn't be allowed to write these kind of letters...

BTW sorry it was July 1996 not 1986 when the CCJ was awarded against me.

[CleverClogs]

Re: Need help with Legal Recovery Company

Thanks for your input Clever Clogs. I know you and Curly Ben are right, it's just I have this question about, - should I answer their letter or not?"....

That is entirely up to you; ignoring it to see what the arrogant buggers send next may be the best option, as all they can really do is to huff, puff and fart in your general direction. They don't have much likelihood of getting a charging order let alone an order for sale, but their threat-o-grams will doubtless suggest otherwise.

Hubby says ignore them and I think that's what Curly Ben is also saying, but if I do, will they carrying out their threats and ruin my good credit reference which I have now built up??????

It would be difficult for them to do that, especially as you are still paying your £120 per annum as ordered by the court.

What do they mean when they say they will make, "a possible Land Registry check against owned property; and further personal checks".?? What can they hope to gain by doing this ?

They hoped to gain what you have done - started to panic and/or worry. Their letter was intended to intimidate, in the hope that you neither knew the law yourself nor knew whence to find out if their threats could be carried out.

They cannot unless they succeed in convincing a judge that the CCJ was given in the last six years, or if they obtain a charging order by subterfuge or by preventing you from knowing about their application. Even then, it would be difficult and should be easy to be set aside with damages payable to you for their abuse of process.

I can't believe the lies they tell.... I have never made any agreement with them and they know it...

That's largely irrelevant, as the debt has been assigned to them.

and then they threaten and intimidate... Companies like this shouldn't be allowed to write these kind of letters...

They are not and your local Trading Standards wallahs are probably the best people to whom to complain.

BTW sorry it was July 1996 not 1986 when the CCJ was awarded against me.

That is a mere technicality, as it was still more than six years ago.

[Ceejaylo]

Re: Need help with Legal Recovery Company

Thank you so much Clever Clogs... yes I needed it all spelling out to me... and yes, they did almost manage to get me into their correspondence clutches again.. and round and round we would have gone. Monday I will be contacting my local OFT. I dread to think how vulnerable other OAP's who do not have access to advice from people such as yourself, feel after receiving this kind of letters from these sum-bags.

[bluebottle]

Re: Need help with Legal Recovery Company

In addition to your local Trading Standards, you should make a complaint to the OFT's Credit Fitness Team by email at enquiries@oft.gsi.gov.uk. Insert the words CREDIT FITNESS in the subject box. It would help if you can quote the DCA's CCA Licence Number. OFT Credit Fitness Team deal with complaints against businesses holding licences under the CCA, including DCAs and bailiff companies. Sometimes it takes a number of complaints before enforcement action is taken, but it may only take a few serious complaints to trigger action.