Egg, Apex and credit agreement arrived in post???

[iloveapex]

Hi All, First post so Hello to all.

 

I have ( had ) an Egg account that I opened in 2003.

 

In 2008/2009, I had financial difficulties and all creditor apart from Egg played ball and accepted F+F offers. Reading this forum it seems this is the norm.

 

Egg accepted my token payments of £1 pm as advised by the CCCS.

 

At some point, Egg decided my £1 wasnt enough and told me they were going to pass on my debt.

 

Im not sure exactly how or when that happened.

..Im getting old and my memory isnt what it was and also, I cant find some of my original paperwork.

 

To cut a long story short, I stopped paying Egg and heard nothing.

 

Fast forward to today when I receive a letter from Apex stating that as requested they have attached a copy of my original agreement from Egg

and are asking me to ring them to arrange payment.

 

Whilst I have no intention of ringing them,

Im confused as to why I got sent the letter in the first place along with the copy of my agreement.

Perhaps they realise I would have asked for it and decided to save time!

 

So my questions are, What do I do from here?

and what would normally be accepted by companies such as these if a F+F offer is to be made.

 

Many thanks in advance.

 

jeff.

[BRIGADIER2JCS]

High welcome CAG,

Is this agreement complete, signature, all Ts & Cs etc?

 

If you can please post up a suitably redacted copy of the document received it will be easier to judge its' validity.

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

*************************************************************

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[iloveapex]

Thanks for the prompt replies. I have about 25 pages so will scan them ( I can do that ) and ask my son to help convert and upload them. Might take me a little while so bear with me.

[BRIGADIER2JCS]

Ok I don't think you need to do al that, what has been supplied is a ''reconstituted'' agreement which should consist of:

1. The Ts & Cs at the inception of the account.

2. Your name and address at the inception of the aggreement.

3. as above for the creditor.

4. any amendments to the Ts& Cs during the life of the agreement.

5. The Ts & Cs attermination of the agreement.

 

All the details such as interest rates, charges etc MUST be those applying to the original agreement.

[iloveapex]

OK, Done all that...

I think it all looks in order to my untrained eyes. Only thing that isnt mentioned is the actual credit limit.

[ATTACH]41413[/ATTACH]

Edited February 7, 2013 by iloveapex

[dx100uk]

is this debt on your credit file?

 

dx

[iloveapex]

Just checked and yes it is. Shows as in default, last updated 03/01/2013. Credit report shows it as being in default since March 2010, would this have been possibly when it was transferred from Egg to Apex?

[dx100uk]

yes typically the OC will default the loan prior to selling it to a phishing list buyer

 

dx

[dx100uk]

when did YOU make your last payment?

 

dx

[iloveapex]

Not 100% sure but I was paying Egg. I have made no payments to Apex so if what we said above is correct, then no payments since March 2010.

[dx100uk]

i think you need to SAR EGG

 

dx

[iloveapex]

Just double checked some paperwork and I have a default notice from Egg dating to March 2008.

 

OK, so do I need to send the SAR to Egg or Apex and if Egg, would you happen to know if the Derby address is the correct one?

[dx100uk]

SAR to EGG

 

dx

[fletch70]

There is no requirement to provide a signed copy. Also with a credit card there is no requirement to provide a credit limit so long as there is something that says how they will decide.

 

All the prescribed terms should be there as well as a heading this is a credit agreement regulated by the cca. between egg and you.

There must also be a box with your rights to cancel.

If it is just an application form it is not enough,the prescribed terms must be in the same document.

 

In order to enforce in court they should have a copy of the signed agreement and as this is before 2004 a computer tick is not enough.

[dx100uk]

if it was an online agreement then no.

 

dx

[fletch70]

For the OP benefit

 

If you applied online after 2004 then just by ticking a box on your computer you were deemed to have signed. Before 2004 even if you applied online they would have had to send out a valid agreement for you to physically sign

[iloveapex]

@fletch70, I posted the agreement up above, all signed.

OK, Done all that...

I think it all looks in order to my untrained eyes. Only thing that isnt mentioned is the actual credit limit.

[ATTACH]41413[/ATTACH]

 

Will SAR Egg. Just need to sort out what address to send it to. From the sticky but from May 2007, it shows address as

 

The Recon Ops & Clearance (DSIR) Team

Egg plc

Point North

Waterfront West

Brierley Hill

West Midlands

DY5 1LU

 

And later in same post, from 2009,

 

Customer Relations Office,

EGG,

Riverside Road,

Pride Park,

Derby,

DE99 3GG

 

I just tried googling and came up with this address so guess its the best one???

 

If your card was closed before November 2011 or was not transferred to Barclaycard, please contact Canada Square Operations (formerly known as Egg Banking plc) at the following address:

 

Canada Square Operations

PO Box 4903

Worthing

BN99 3AR

[fletch70]

Huge apologies as i missed that. I can not see it clearly but i suspect that what they sent would not comply with a cca request.

In the T&C i can see no mention of payment allocation. Also in the new t&c i can see no mention of penalty charges.

 

However i am reading it quickly on a small tablet.

[iloveapex]

No problems, I appreciate you trying to help. On page 18 I think I see something about how the payments are to be allocated and there are some charges on pages 15 and 19 but these have different values to them.

[ken100464]

Canada Square at Worthing is the address to fire your SAR off too.

 

Derby closed down last year.

[iloveapex]

Canada Square at Worthing is the address to fire your SAR off too.

 

Derby closed down last year.

 

Many thanks Ken, thought that was the case. Will send it off tomorrow and wait for the reply.

[fletch70]

I would also send a cca request to apex as that is clearly not compliant with a cca request. There is not the full list of documents as posted by the brigadier.

If i were a cynic i would think they had tried to trick you into thinking they had fulfilled a cca request.

[citizenB]

I dont think that Apex are Debt Purchasers - they just act on behalf of the original creditor. So unless you have received a Notice of Assignment from Apex, then they are simply acting as a 3rd party collector.

 

You might want to establish the true position - amend where necessary and send the letter below to Apex for confirmation.

 

 

 

[ATTACH]41451[/ATTACH]

[iloveapex]

I would also send a cca request to apex as that is clearly not compliant with a cca request. There is not the full list of documents as posted by the brigadier.

If i were a cynic i would think they had tried to trick you into thinking they had fulfilled a cca request.

 

I didnt actually contact Apex with a CCA request, I just got the letter and copy of agreement out of the blue.

 

I dont think that Apex are Debt Purchasers - they just act on behalf of the original creditor. So unless you have received a Notice of Assignment from Apex, then they are simply acting as a 3rd party collector.

 

You might want to establish the true position - amend where necessary and send the letter below to Apex for confirmation.

 

 

 

[ATTACH]41451[/ATTACH]

 

Will send Apex the request for assignment, SAR to Egg ready to post. Might as well send both together.