Snakebite V Apex & LloydsTSB

[Snakebite]

Hey all,
I could really do with some advice on my current situation regarding the latest letter from a DCA. I will detail the history of the dispute in brief firstly:
-LloydsTSB contacted me on numerous occasions to pay back an overdraft, I refuse and counter-claim –letter tennis ensues for quite some time, till they hand the alleged debt to Apex Credit Management. I sent off “prove you own the debt” letter, to which Apex replied:

“...ACM collects on behalf of LloydsTSB. LyoldsTSB remain the data controller and therefore does not report on your account to credit reference agencies. As such, requests for documentation should be made directly to our client. Please be advised, we have contacted LloydsTSB and on 23rd February they confirmed that notice of Apex’s assignment would be sent to you.”

I did receive a letter from LloydsTSB shortly after stating:

“Please be advised that your account has been passed to Apex Credit Management.

They will now be dealing with your account on our behalf and all correspondence should be sent to then at the following address.”

I really do not see how this is proof of debt for ACM, they have not provided sufficient evidence to my request of a lawful contract; a hand signed affidavit or invoice sworn under oath or attestation in accordance with The Bills of Exchange Act 1882, under penalty of perjury and upon your full commercial liability; a deed of assignment number and proof of agency.

Apex have continued to send me letters requesting payment, to which I have ignored. The latest letter has implied they MAY take court action along with other nasty threats, such as:

"We have attempted to contact you on numerous occasions without success. Please note that unless you make payment to this debt within 10 days, legal action may be taken against you.

County Court Judgment – a CCJ will be obtained against you. Once this is obtained, it will remain on your personal credit file and seriously affect your ability to obtain credit in the future.

Warrant of execution – a Court Enforcement Officer (Bailiff) will be assigned to attend your address and remove goods from your property to the value of the outstanding debt.

Charging order – the total outstanding debt will be secured against your property."

It doesn’t appear to me like APEX are acting lawfully, I feel I owe them nothing, even though Lloyds have said “the account has been passed to ACM.” Should I just continue to ignore their letters or should I be contemplating coming to some sort of financial resolution?

Cheers
SB.

[natweststaffmember]

Re: Snakebite V Apex & LloydsTSB

Is this a bank charges or a credit card or loan account(just for clarity purposes)?

[Snakebite]

Re: Snakebite V Apex & LloydsTSB

Is this a bank charges or a credit card or loan account(just for clarity purposes)?

This is for bank overdraft charges which they "passed" [is that a lawful term? I doubt it] to Apex Credit Management...

[natweststaffmember]

Re: Snakebite V Apex & LloydsTSB

So the issue is assignment of the debt to Apex and whether they have done so lawfully, right?

[Curlyben]

Re: Snakebite V Apex & LloydsTSB

They will now be dealing with your account on our behalf

So Apex are acting as agents in all of this.
Guess how much legal power they have

Have a read of this: Debt purchasing and assignment - Legal Beagles Consumer Forum

[Snakebite]

Re: Snakebite V Apex & LloydsTSB

So Apex are acting as agents in all of this.
Guess how much legal power they have

As I suspected, just a 3rd party interloper. So I can assume, these are just empty threats by APEX and they have no intention of taking legal action?
------------------------------- merged -------------------------------

So the issue is assignment of the debt to Apex and whether they have done so lawfully, right?

Indeed Sir.

[natweststaffmember]

Re: Snakebite V Apex & LloydsTSB

I think Curlyben has answered the question, ie that they have no legal power whatsoever.
Can I ask if this is for the LloydsTSB Overdraft(you had a thread last year about this)? Have they already declined the complaint yet? Did you respond to it?

[Snakebite]

Re: Snakebite V Apex & LloydsTSB

I think Curlyben has answered the question, ie that they have no legal power whatsoever.
Can I ask if this is for the LloydsTSB Overdraft(you had a thread last year about this)? Have they already declined the complaint yet? Did you respond to it?

Yes they declined the complaint on multiple occasions, once the verdict came through on bank charges I stopped the counter claims procedure. Whatever the situation I'm strongly averse to paying back THEIR overdraft [they owe me more than I owe them.]

[natweststaffmember]

Re: Snakebite V Apex & LloydsTSB

Yes they declined the complaint on multiple occasions, once the verdict came through on bank charges I stopped the counter claims procedure. Whatever the situation I'm strongly averse to paying back THEIR overdraft [they owe me more than I owe them.]

Why did you stop the counter claims procedure? Were you in court with LTSB? Is your case stayed?
Unless you can legally argue your case then it will be difficult so if you haven't read the OFT case transcripts then you need to and read a lot to argue your case.

[Snakebite]

Re: Snakebite V Apex & LloydsTSB

Why did you stop the counter claims procedure? Were you in court with LTSB? Is your case stayed?
Unless you can legally argue your case then it will be difficult so if you haven't read the OFT case transcripts then you need to and read a lot to argue your case.

I'd let things go stagnant, I had other commitments and other stuff at the time and a court case would of been way too time consuming to deal with. Its not an excuse I know I've left this to snowball, so this time I'm going to clean it up once and for all. Guess I have a lot of reading to do then and prepare myself for a court case. I'm thinking that Apex still have no lawful ground proceeding with court action right, only LTSB and I should be the one to take lawful action on them?

[TUTTSI]

Re: Snakebite V Apex & LloydsTSB

Please read here http://www.legalbeagles.info/forums/...ad.php?t=22786

I'd let things go stagnant, I had other commitments and other stuff at the time and a court case would of been way too time consuming to deal with. Its not an excuse I know I've left this to snowball, so this time I'm going to clean it up once and for all. Guess I have a lot of reading to do then and prepare myself for a court case. I'm thinking that Apex still have no lawful ground proceeding with court action right, only LTSB and I should be the one to take lawful action on them?

[Snakebite]

Re: Snakebite V Apex & LloydsTSB

Please read here http://www.legalbeagles.info/forums/...ad.php?t=22786

"...the chances of success for individual litigants in person - are very slim and the costs risk is far too great to justify continuance."

Doesn't look to promising then...

[TUTTSI]

Re: Snakebite V Apex & LloydsTSB

No it does not that is why I wanted you to read it.:tinysmile_cry_t:

Tuttsi

Doesn't look to promising then...

[Snakebite]

Re: Snakebite V Apex & LloydsTSB

No it does not that is why I wanted you to read it.:tinysmile_cry_t:

Tuttsi

Thanks for the heads up TUTTSI.

So as far as APEX are concerned, they are agents for LTSB they do NOT have absolute assignment of the debt, they do NOT have lawful standing and I should just ignore their letter harrasment of CCJ's, Bailiffs and other nasties? And a complaint to the OFT should be in order?