Apex Credit have bought card debt from EGG

[Melbel]

Hi All

 

I had a credit card with Egg many moons back and to cut a long story short, got into difficulties and consulted the CCCS for help with my debt.

 

I set up a £1 per month payment plan to all my creditors until further notice which has all been going pretty smoothly. I have been paying these by standing order.

 

I have received a fairly polite letter from apex informing me they have bought this debt to EGG and they will be collectiong the outstanding balance. They have said i need to contact one of their telephone negotiaters to set up a new arrangement.

 

I dont want to telephone them so i will be writing to them to advise them i will be paying them £1 a month and can they send a standing order mandate.

 

I also received a letter from Egg authorising this assignment of debt (which i would have asked for otherwise)

 

My questions are;

 

Obvioulsy they will want bigger installments. am i obliged to do this? i really dont want to be sending out my financial incoming/outgoing to these people, i have already done it with EGG. Can i still pay them £1?

 

Does anybody have any knowledge on Apex and what they are like?

 

Thanks in advance

[IdaInFife]

pass the details onto cccs to deal with

[Melbel]

another thing that just sprung to mind is shall i ask for a CCA? what purpose does this serve? does it prove i owe the debt and can they not chase me until they have done so?

[IdaInFife]

you can ask for a cca at any time

 

this will ensure they have the right paperwork to persue for any payment.

 

you may just want to send a cca request to APEX

[Melbel]

Hi Ida

 

Thanks for your reply

 

The CCCS only gave me advise of how to deal with my creditors, they arent actually dealing with the paper work. They sent me the templates to do it myself. So i need to write to apex myself

[Melbel]

ah right ok. I will do that to begin with then. Can they not pursue the debt if they dont have a cca?

[IdaInFife]

if they cannot provide a cca then you are within your rights to withold payments or puts you in a good position to offer a reduced full and fianl offer to get rid of it

 

ida x

[Melbel]

Brilliant. Thank you ida. i will request that first then take it from there. thanks for your advice. x

[andydd]

Same position so subbing.

[Melbel]

Hi Andy

 

I sent my cca request along with a £1 postal order yesterday, registerred delivery.

 

Lets see what comes back...

 

Will keep you updated and keep an eye on the other related threads

[Melbel]

I have just had a call from 01789 775899. I didnt answer it but called it back from my work phone - guess who - yep Apex bloody credit.. they should have recieved my CCA request today so they have no reason to be calling me.. im tempted to answer to tell them to bugger off but i wont.

[WelshMam2009]

Ok, there are a lot of dodgy Egg agreements out there which don't use the word "credit limit" but "limit" and "approved limit"

 

PT has a court case in March 2010 which is based on this argument so I personally wouldn't fret until then.

 

Look here...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413

[Melbel]

interesting reading, welshmam,, thanks for that link.

 

i cant wait to check my agreement now (if Apex can send me one)

mine is from May 2005.. hmmm

[PGH7447]

egg have certainly dumped a load of crap on to apex in that last week or so, Shame:)

[andydd]

Im in the same situation, I've already CCA's Egg but Ill do Apex too.

 

My question is regarding the Default Notice, I havn't been sent one and like many others I had an agreement with Egg that I stuck to.

 

Should I writre to Egg and/or Apex requesting the DN information ?

 

Note: I already SAR'd Egg some time back but this would be pre the period the DN would of been sent.

 

Andy

[WelshMam2009]

Im in the same situation, I've already CCA's Egg but Ill do Apex too.

 

My question is regarding the Default Notice, I havn't been sent one and like many others I had an agreement with Egg that I stuck to.

 

Should I writre to Egg and/or Apex requesting the DN information ?

 

Note: I already SAR'd Egg some time back but this would be pre the period the DN would of been sent.

 

Andy

 

Are you absolutely sure you didn't receive one Andy?? EGG's policy was to issue these BEFORE agreeing to any repayment plan.

 

As I've already stated on a similar thread, my default was 3 years ago and it makes no mention of terminating the agreement. Furthermore, Apex's licence does not seem to include consumer credit.

 

Thus, in my opinion, either Apex are acting on behalf of EGG and the assignments are equitable or for an absolute assignment EGG would need to have terminated the agreements.

 

If it is the latter then I think EGG may be in trouble with their paperwork, yet again, as certainly my default makes absolutely no mention of the agreement being terminated.

[andydd]

Are you absolutely sure you didn't receive one Andy?? EGG's policy was to issue these BEFORE agreeing to any repayment plan.

 

As I've already stated on a similar thread, my default was 3 years ago and it makes no mention of terminating the agreement. Furthermore, Apex's licence does not seem to include consumer credit.

 

Thus, in my opinion, either Apex are acting on behalf of EGG and the assignments are equitable or for an absolute assignment EGG would need to have terminated the agreements.

 

If it is the latter then I think EGG may be in trouble with their paperwork, yet again, as certainly my default makes absolutely no mention of the agreement being terminated.

 

Well..I had one sent in April,but It says it wouldnt be issued if it was 'remedied'..it was remedied and an agreement was made to pay £10 a month, this was changed to £1 and this agreement runs out in Dec, I have a letter stating that no action would be taken if i stuck to agreement, well i have anhd Egg havnt !

 

 

Anyway..Will check CRA's and find out for sure, im sure there is something fishy, looking at my egg account they have made 2 recent 'corrections' adding £1 to my account..strange !

 

Andy

[Melbel]

Just a quickie update - Apex have called me everyday since last thursday. They would have received my CCA request on Friday so ive no idea why they have called me since, i dont answer.

 

Will update you on any progress

[andydd]

Just a quickie update - Apex have called me everyday since last thursday. They would have received my CCA request on Friday so ive no idea why they have called me since, i dont answer.

 

Will update you on any progress

 

Me too..a call or a text, although when they call they only ring a few times and then hang up, not enough time to answer (not that I'm going to), I reckon they want ppl to wonder who is calling and phone back.

 

Andy

[Melbel]

hi andy

 

Indeedy they are still fishing, i always google numbers that ring me or call them back from my witheld work number and hang up.

 

Got a letter dated 17/11 yesterday....

 

Apex - further to my cca request, contents noted blah blah...

referred back to Egg to provide a credit agreement and statement of account under ccs act 1974..

Account on hold blah blah...

they will continue to chase Egg but would like to explain they are limited on the number of requests they can send out ... Ha.. it seems the caggers have inundated them with CCA requests..

 

watch this space.....

[andydd]

hi andy

 

Indeedy they are still fishing, i always google numbers that ring me or call them back from my witheld work number and hang up.

 

Got a letter dated 17/11 yesterday....

 

Apex - further to my cca request, contents noted blah blah...

referred back to Egg to provide a credit agreement and statement of account under ccs act 1974..

Account on hold blah blah...

they will continue to chase Egg but would like to explain they are limited on the number of requests they can send out ... Ha.. it seems the caggers have inundated them with CCA requests..

 

watch this space.....

 

Yeah..the above response has been posted and discused on another thread, they may be very busy but thats tuff !..they still have the 12 days to respond, lets hope more and more people read this and request their CCA, I guess I should but I'm just playing the ignore them game at the moment.

 

Andy

[Melbel]

Hello all

 

i am in the process of typing up my 'Account in Dispute' letter to Apex. They havent responded to my CCA request in time.

 

I was wondering - do i sign this letter or is it one of the letters we are best not putting our signature on?

[hungrybear]

best never to put your signature on. If you type your name on and post it then that is fine - either way they'll get the message

[Melbel]

okey dokey thanks hungrybear..

 

Just wanted to confirm it would still be valid without my signature on it.

[Melbel]

Hi all

 

I have had a reply to my CCA request.

 

Apex have sent me a print off of an agreement - theres is no signature, there is a box i ticked online which has next to it in brackets (this is instead of your signature) and the date 12 May 2005.

 

On one of the prints they have ;

 

Credit Card Agreement regulated by the Consumer Credit Act 1974

 

Egg Banking plc

and you

Melbel of (wrong address) they ahave put the address i am iving at now even though i wasnt when i took the card out.

 

Does anyone know if this is enforceable?

 

Shouldnt they have sent documents for me to sign after or is this thing i clicked as enforceable as a signature??