guitarlady
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Posts
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Thanks anyway. I appreciate all the help and support I've had on here over the years. I thought I was doing the right thing - I made genuine offers to Egg for F and F and hoped that I could get it passed back from the DCA (Apex) on the basis that they had been unable to provide a CCA and shouldn't have passed my account out. I'll wait and see what happens and post an update if anything changes. It'll still be statute barred by Feb 2020. I can wait. Thanks again for the help.
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Will do. Thanks. It's Feb 2015. Found my file with my notes and bank printout. The token payment was returned to my bank in Feb 2015. It's not 5 years yet. Is there anything else I can do other than a recorded letter with "written correspondence only" to remind them. Cabot did send someone to the door (8am) despite me writing to say "written correspondence only". I refused to discuss anything or confirm my identity.
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Update: The Canada Square phone number - they don't take calls - you've to write. The automated options presented appear to be focussed on claims and PPI complaints. I held on and spoke to a general operator and now have the info for making an Egg query. I apologise for asking this again, but are you absolutely sure that me writing to them, with an account number to find out when the last payment was made, will not start the 5 year clock going again. I was making two different token payments -one for a card, one for a loan. This is the loan one. The card token payment was returned first (my bank phoned). The loan one continued to go through for a time after that. It may not quite be 5 years. Guitarlady
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Two things - firstly, who would I contact? The Egg I dealt with no longer exists. I've been online before trying to figure out who to contact. Barclaycard seem to have acquired Egg credit cards and Yorkshire (?) the banking arm. PPI claims are to some subsection of Citibank with an address in Canada Square. An important thing here is the "in dispute status" - they cannot pass the account out or sell it on. If they ceased to exist as an organisation and they can't pass out an In Dispute account - who do I contact. If I contact someone other than the OC is this not in some way going along with recognising their decision to pass an In Dispute account to a third party? The second thing - if I query the account in the wrong way, I thought it resets the clock (6 years, maybe 5 in Scotland)? I'll hunt out my notes from storage and see if I've the date of the last token payment. I let it run until it was returned. I never changed the payment to the account that the first DCA requested. https://www.nationaldebtline.org/S/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-(sole-name).aspx I've put a link above - if it's more than 5 years since the last token payment to Egg, is this a suitable letter to send to Cabot / Global Recovery (who have been sending letters) or do I send this one to Citibank? Guitarlady
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Hello and thanks for moving the thread. I cannot remember when the last payment was made - it was years ago and it will have been to Egg (and it will have been a token payment). Egg refused a full and final settlement offer (maybe twice) and I did a CCA request. It's absolutely ages ago but I do remember they missed the deadlline and when I wrote again to tell them the account was now in dispute, they told me on the phone - not in writing - that they didn't have the documentation required and asked what I was planning to do. I said I'd continue making a token payment but that it would stop if they passed the account out to a third party. They said that wouldn't happen - I asked them to confirm this in writing - they never did. A while after this - they passed it out to some DCA - possibly APEX, I'd need to hunt out my old files. I remember sending "signed for" letters pointing out to both the DCA and Egg that they couldn't do this. Egg never responded. The DCA said they weren't aware of any dispute. I phoned the ombudsman and who agreed that Egg shouldn't have passed it out but said it happens all the time and there was very little that could be done. It's years ago - there was never any more contact from Egg despite me writing and it's just been a series of computer generated letters from DCAs ever since. I was hoping I could do something with the new GDPR stuff. Thanks again for looking at this. Guitarlady
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Hello GDPR I've a letter form Global Debt Rocovery Ltd. They've written: "Client Cabot (Egg Banking Plc)" and given an account number? I've consistently told Cabot I've no relationship with them. If Egg want to get in contact, fine, but anything will be from a decade ago (maybe more). Do Egg even exist as a company any more? Years ago I told Cabot to tell Egg to get in touch if they wanted to discuss something with me. They don't respond in any meaningful way (Cabot), they're impossible to deal with - it's computer generated stuff. I wrote to Egg years ago when Cabot first got in contact and they just ignored me. This new company - can I go for them under GDPR? I've never given them permission to process my data. If so, could I do the same to Cabot? Thanks in advance. GuitarLady
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Letter sent recorded delivery to RMA. Letter back to say they're investigating (not sure what exactly they're looking into). Letter arrived from Moorcroft. Phone calls have started - ignoring them. I'll give them a few days then send them the written correspondence only letter. Update. Same cycle of weekly letters from Apex. Going to wait a few months then try a Full and Final offer provided they can show paperwork - going to reduce my Egg payment to £1/month. Egg are ignoring my letters asking why it's been sold on when in dispute.
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@Hopster - why was your one in dispute (without posting anything that can reveal who you are to any Apex reps reading this) - and did you write to whomever told you they'd purchased it and pointed out the status? I did - and phoned the Ombudsman who was very helpful. I was told they shouldn't be sold on though it happens. I asked if I could complain on those grounds - they said yes but there was no legal action I could take and nothing to stop a third party asking me to give them money - it's up to me whether I pay them or not. They did say that paying might be construed as acknowledging their right to collect the debt. I have never (and will never) make a direct payment to Apex or anyone other than Egg. Occasionally I get a letter that says I need to change the account I pay into and that my payments may be returned if I don't. Haven't had one back yet. While the account in IN DISPUTE - Apex can act for Egg but the account is Eggs until some valid paperwork (a credible CCA) is produced. I will post immediately if I find out otherwise.
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Getting regular letters from Apex - every two to three weeks - but nothing new. I'm in some computer generated cycle. I'm still paying monthly (voluntary payment) into an Egg account. Haven't heard from Egg in years. Haven't bothered sending a CCA request to Apex. Egg didn't comply all those years ago and they were the original creditor. Amount is going down on the Apex letters. Are they acting for Egg? I'm presuming that I mustn't ever pay Apex anything or acknowlegde their right to collect. makes it easy to argue that the account isn't theirs - Egg failed CCA request, IN DISPUTE status - can't be sold on. Apex can keep asking me for money - it's just begging though. I'll argue they've no right to anything until Egg supplies the CCA. Interesting point - if Apex subsequently supplies a CCA to a court - why didn't Egg give it to me at the time I originally asked for it?
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Update. Single threatening letter from Barclaycard. Usual stuff - Mercers will be in contact and will issue a blah blah blah ... nothing from Mercers. Sent response recorded delivery asking for clarification - they've booted me straight to RMA. That was quick. Waiting to see what they do. Ignoring the calls from their 0177 number and sent a letter asking for written correspondence only. RMA have said in their letter that Barclaycard will not accept any correspondence from me. Update. Nothing new. Weekly letters from Apex since last post in may. Same old, same old.
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Update. My voluntary monthly payment (to Egg relating to an old credit card) has been returned to my account. I have continued making a monthly payment to Egg though the account is "in dispute" via a failed CCA request a number of years back. Barclaycard have sent a few computer generated letters with the details of where I've to send my payments. I spoke to the Financial Ombudsman Service a few years ago about an "in dispute" account being passed or sold on to a third party. I was told that companies aren't supposed to do this but they do it anyway. I asked if I could trigger any legal process against an organisation that did this and was told no - basically anyone can write and ask me to pay them money. Next move Barclaycard I suppose. I'll post back if they contact me. Hoping to offer a full and final worded so they are acting for Egg. Still concerned that any payment to Barclaycard may look like I somehow acknowledge a debt to them (when it's with Egg and in dispute).
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Very interesting. If Egg don't exist any more - who are my payments going to? How do you know that Egg doesn't exist? What's your basis for saying that? Re: barclaycard being "fair" - five years ago the national press described a "culture of dishonesty" that permeates the company from top to bottom. Did you CCA Egg and find your paperwork was in order? http://new.egg.com/visitor/0,,3_11060--View_819,00.html Link above shows Egg still online - so ....?
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Update. Generic letter received - change your payments to this accout instead. Stop paying Egg. You may incur late charges if you don't." My position is still that the account is "In Dispute" - inadequate response to CCA request to Egg years ago. Just waiting to see what they send next - if anything. This is the first correspondence from Barclaycard in ages. They just ignored my F & F letter (Egg copied to Barclaycard).
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Update - still getting the cycle of letters from Apex. It repeats every few months: (1) "phone us" (2) "we haven't received your monthly payment" (3) "we're passing your case to our legal team" then back to (1) Had the legal team one multiple times - then back to (1). The offer for just under 10% for full and final (was clear it was being offered to Egg - copied to Apex) has been ignored - that was a while ago. I suspect the Apex position gets weaker every month. No CCA paperwork from Egg (a few years ago now) - that 10% may start looking good if I stop my standing order. Waiting for now - Barclaycard (Egg credit card passed to them) are very quiet. Will offer the money to them if they come knocking call anytime soon. Update - absolutely nothing from Barclaycard. Still making a payment into the Egg account - I didn't change to the account requested by Barclaycard (twice). Going to offer a Full and Final to Egg (copied to Barclaycard) if I get anything from Barclaycard that isn't just a computer generated general notice. Just three left (Egg card, Egg loan and another card) since the financial difficulties kicked in big style back in 2007. Today - totally calm and collected and working hard at getting up again after the knocks (and the threats) - I owe this forum and the community on here a big thank you.
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Ah well - just keep offering the full and final. Have you another creditor? You could offer it to Apex one last time with a time limit and warn them you'll use it to make an offer it to the other creditor if they say no. Just a thought - though £30 a month seems a good amount. If I was Apex I'd take it and stop bothering you.
