Apex Problem

[cscarlsson]

Hi Everyone,

A few weeks ago I received a charging order against my house for amounts owed under an old loan and an overdraft on an old Joint Bank account, the action was bought by Shakespeares on behalf of Natwest.

Today a letter from Apex arrives chasing my wife for payments against this same overdraft saying that she is in arrears with the payments. Effectively attempting to obtain the 'outstanding' amount from us twice. Whilst I understand that technically the charging order is not payment, it basically assures the payment at some point so as far as I am concerned Apex are attempting to defraud us.

Any ideas?

Kind regards
Jason

[ceylon]

yes they are i would take send of a demand for administrative costs for there errors following it up in a time scale you set with notice of fault and opertuity to cure then a defalt notice then take them to court

[cscarlsson]

Hi Ceylon,

I will send a bill in my wifes name for say £2,500.00, thats the figure I use for dealing with letters when billing DLC and the like.

In terms of the Notice of Fault and Opportunity to Cure, what is involved in this? I haven't heard of one of these before.

[ceylon]

NON-NEGOTIABLE

NOTICE OF FAULT AND OPPORTUNITY TO CURE

Notice To Agent Is Notice To Principal, Notice To Principal Is Notice To Agent

Ceylon-Cey: Ceylons© Authorised Representative for
CEYLON CEY CEYLONS™ and any derivatives thereof
C/o 123 you’re Street
Town


01.02.2068


Re: Asshole Reference Number: 123456789

Dear Billy Bob Thornton.

The above named were sent numerous letters and on SOME DATE a warning notice giving you A NUMBER days to correct your error you failed to do so. You were sent a letter on SOME DATE, SOME DATE and a demand for administrative costs as well giving you a further A NUMBER days to correct your error, you again chose to ignore this, so you have been offered many chances to settle this without the need for legal proceedings and each time you decided to ignore this, so now proceedings will be commenced without further delay.

To avoid proceedings please send me a correction within A NUMBER days from the date of this letter.

Please note there will be no more chances to correct your error after this.

Failing this please send payment.



No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved

WITHOUT RECOURSE – NON-ASSUMPSIT

There name and address




You can put what you want in the main body of the notice that’s one I found somewhere

[cscarlsson]

Thanks again Ceylon, I have completed the letter now along with complaint to OFT against both theirs, and Natwests credit licence. If nothing else, they'll get severe grief from the OFT as well as court action from me.

[cscarlsson]

We got a letter back from Apex. Quite the lengthy one too.

Apparently having a charging order against our house in my name for the full amount doesn't stop them chasing my wife for it.

"this has no bearing upon your liability to repay this outstanding balance"

"entirely within current legislation to request that a joint party repay their outstanding balance when the other joint party has had legal action taken against them in relation to the outstanding debt, provided this debt has not been paid."

They also state that Natwest have not told them to stop chasing so they won't. Perhaps a delegation of responsibility there.

They do say we have offered to pay in the past £1 per month, we did write to them twice, both letters were ignored, but we've never paid them a penny despite what they say.

I'm finding this one quite a bit more difficult than the others.

Kind regards
Jason

[ceylon]

as they get more desperate they try that bit harder the whole thing is coming down though

[renegadedaydreamer]

How much was the alleged debt if you don't mind me asking?
I'm also finding apex to be one of the more stubborn ones. I had 6 seperate loans and credit cards and don't hear a thing from any of them except the one who sold the deby to apex.

[cscarlsson]

Alleged debt is £345ish

[polo126]

Did you have court details before charging order?