Well I havent been on here for almost 12 months. Been very quiet as far as the dca is concerned, in fact nothing from them until a month ago when I suddenly received a letter from them sating that if I didnt ring them they intended to get either an attachment of earnings or a second charge on our house. Kindly remined them that my cca request had not been forfilled, then last week they finally provided a copy of the cca & account statement, also enclosed was a letter stating I have seven days in which to ring them to discuss repayment, they are insisting that it has to discussed over the phone & wont entertain letters.

My thread seems to have gone completely off track/topic. This is nothing to do with SB or debt avoidence. My debt has been sold to a dca and although a request was under under cca 1974 for the agreement they have failed to provide it - I HAVE NOT STOPPED PAYMENTS OR THREATENED TO DO SO, I owe the money & intend paying it, however I am continuing to pay the original creditor (EGG) until such times as the dca complies with cca 1974 - if they own it they should be able to provide the document. Their threats & demands are centred around the fact that payments are being made via EGG, I wont speak to them on the phone & although I've had a payment arrangement in place for almost three years the dca says that is now null & void.

For awhile both Egg & dca were showing the debt, but following complaint to CRA Egg removed their data leaving just the dca.

Thanks Rosy, The repayment arrangement has been in place since 2009 and not one payment has been missed. When I fell into difficulties Egg where informed & I sent them a National Debt Line I&E sheet which they accepted. If anything my position has worsened but I have stuck to you arrangement as I want to clear the debt before I retire (providing the Government stop moving the retirement age ). Incidently the last line in their letter states its their final response & they will not discuss it further.

Rosy, Yes I have copy of the DN, letter stating they agree a payment plan (but it doesnt state the amount). Also have print off of the Egg entry on my credit file where it states the 'new' repayment amount & number of monthly payments.

To clarify things :- Yes Egg did issue a default notice but no termination notice Egg agreed a payment plan & marked my CRA file accordingly ** months at £** per month (which I have rigourusly stuck to) Letter received from DCA stating they are the new 'creditor' & enclosed a letter 'allegedly' from Egg stating account sold - but letter/assignment contained NO ACCOUNT NUMBER. Various threats made by DCA - payments maintained to EGG (and ARE being passed to the dca). CCA request made to DCA - months ago - still cant provide copy of agreement I have never refused to pay the monthly instalments, until the DCA supplies the agreement as per my cca request payments to Egg will continue I have never received anything from Egg relating to the sale or 'stop sending us the payments we aint the owner anymore'. Balance is down by £1,000 since dca 'claim' they bought the debt yet they say I havent paid anything & have refused to discuss it with them Agreement dates from early 2005 ps _ I have never refused any payment and dont intend with holding payment, my arguement is that until the dca complies with my cca request & show they do actually own the debt then payments WILL CONTINUE to be made direct to Egg.

Thanks peeps, Alf the dca is the clowns at Apex They keep using the remarks of 'spurious' & 'erroneous' with reference to my complaints. I've checked through my spreadsheet as to what payments have been made & when - checking this against what they say I owe shows that ALL payments have been passed to them from Egg. They also state that when they bought the debt any payment arrangement is null & void and that I HAVE to telephone them to negotiate a new arrangement. Since the 12+2 days have expired I've received several threatening letters ranging from sending someone around, precourt 'team' to we are aware that you are a homeowner. Even though they admit they cant provide the agreement they have only given me 21 days in which to phone them.

NOt sure what to do regarding this. Have an Egg loan which was sold to a dca, because I asked for proof that they legally owned the debt, not just a copy of an 'questionable' Egg letter (which they haven't done so) I continued sending payments each month direct to Egg. I have sent the dca a request for the cca and the 12+2 days have well and truely expired, however, I have STILL continued with my arrangement and paid Egg the agreed amount each money. The dca started throwing their rattle out of the pram & started getting stroppy with their threats, so a formal complaint was lodged together with account in dispute letter - three months on & I'm still waiting for the agreement. They state (in their original letter) that they will honour any agreed repayment plan in place with Egg, although they now deny this and state no arrangement will be made until I telephone them - which I have told them from the outset that telephone contact - either way - will not be made. Have now received their final response in which they state ' We will continue to request this documentation from the original creditor and will forward this onto you at the earliest opportunity. Unfortunately you are incorrect when you advise that this means the account is in dispute. This very matter was clarified by Judge Wakesman in the High Court on 24th December 2009'. They were advised that although I am entitled to with hold any further payments until they comply with my request, I shall continue to make payments to Egg, their response to this was that if I make payments direct to Egg & Egg dont forward these to the dca then I am still liable for the payments and is totally my responsibility & will not stop enforcement action being taken. Their initial statements shows payments being passed from Egg to them and the debt reducing, there is now a difference between what has been paid and what they say I owe, all payments have been made by standing order. I have asked for a fully breakdown of the account which they have failed to provide.

My brother is taking his daugher to Silverstone & has booked a controlled circuit tour in his car. At the time of the booking the t&c's stated that under 16s were allowed in the cars subject to parents/guardian signature. In March he got his tickets & drivers briefing notes which also states that under 16s are allowed to be passengers, however with just five days to go he has received by email modified t&c's which states that no one under 12 yrs are allowed to be carried in the car. His daughter is naturely very upset (being a bit of a petrolhead ), no explanation for this change has been given & they wont refund the cost as its all unrefundable. Any idea as to where he stands legally over this? If thus was stated prior to booking he would not have made the booking. His daughter is 11yrs & 7mths. Thanks in advance.

Too small to check BUT your signature is clearly visible which should be removed urgently along with that barcode as it would identify you.

Thanks for the reply. It was a straight forward MOT, car passed without any work needed doing & no advisories. I have used the garage several times over the past few years, the owner only does a couple of hours there each day, his mechanics dont handle the invoices/money. As we live a couple of streets away he 'popped' the invoice through our letterbox Thursday evening. Just thought I'd ask about the fee before I go complaining on Tuesday.

Not sure if this is right place to ask this, forgive me if its wrong. Had my car mot'ed yesterday & I was charged for 1hour labour - didnt think labour charges were applied for MOT's? Breakdown was £45 MOT, 1hour labour £10 & £2 vat total £57.

If he''s caught he could end up doing 'Porridge' (Sorry postggj - couldnt resist that one )

Agree completely. Got my own issues with CRA's, OC's & DCA's filing incorrect data i.e CRa allowing both OC & DCA to record two DN's for the same accounts. MaP

Thanks for the speedy response. The Defaults all have the same start dates for both Egg & Apex. Have received NoA's (and 'fake' Egg letter) from Apex, although the cca requests were sent to Apex, what I had in reply was from Egg - strange ! I take it that as Apex 'own them' then it is down to Egg to remove theirs and stop processing the data, and Apex's should show the original DN date (2008). Still paying Egg direct & not received any further begging letters from Apex (and they dont have my phone number) 8)

Had two Egg loans sold off to Apex last year, made a cca request to them - they responded well outside the 12 + 2 days but then only sent two copies of the same agreement to cover both loans (each have different account numbers). Problem I now have is that I checked my credit file this morning & both Egg & Apex have got DN's for these accounts & are both still processing data - two loan accounts BUT FOUR Defaults registered Surely they arent allowed to do this? MaP

Sorry Bazooka Boo, I probably didnt explain it clearly. Had a payment arrangement with Egg which I have stuck to without missing or being late with any payment. Last November received a letter from Apex claiming that they had bought the debt also enclosed was a strange letter from Egg (?) no account number stating that Apex now own the debt - no payment details enclosed so I continued to pay Egg as per arrangement. Apex started threat-o-grams stating they havent received any payments Sept, Oct., Nov. & Dec. Only just received details on how to pay by Standing Order. CCA to Apex end of December & had no response. SAR to Egg for all details (seperate complaint over ppi on credit card), sent loads of paperwork, statements & comms log - nothing in relation to loan being sold to Apex so continuing to pay Egg & ignore Apex til they prove they own it. Hope this explains. MaP

Thanks everyone, TBH the cca request slipped under my radar until their latest 'you have not paid us since September YOU MUST ring us immediately to resolve this matter' letter arrived. Said I havent paid them since SEPT but they didnt inform me til November - can see fun & games ahead, aint worried as I'm still paying EGG & up to date with my arrangement with them. 12+2 days expired nearly three weeks ago

Update Apex has failed to respond to my cca request but continue to send begging letters. Starting to get a little shirty in their tone. Stated I havent paid them since September, incorrect as until they prove they own the debt payments have been paid direct to Egg & will continue paying Egg. SAR Egg and got all info on the account, difference in account numbers explained as the number quoted in letters & CRA data processing is my customer number and not agreement number. Also, trawling through the paperwork they sent (stacks of pages) there is no mention of the account being sold on. MaP

Hope everyone had a good Xmas This is strange, sent cca request to Apex (as they claim all rights & benefits as per their 'welcome' letter), however, letter from EGG stating that I did not include the statutory £1 fee & before they can supply a copy of the agreement I need to send a £1 postal order (good job I photocopied the PO before sending it). Guess its now formally in dispute? Hope everyone has a good time tonight & best wishes for the New Year. MaP

Hi Molly, Not a problem, great to have some company Latest letter from Apex is that account has been passed for pre litigation review (whatever that is) as they are now aware that I am a homeowner. Other than a cca request Ive not contacted Apex & have maintained payments to Egg, as I have serious concerns over the Egg letter supplied by Apex with no account number. Apex claim I am in default with my 'arrangement' - how wrong they are ! Account sold mid September but didnt receive Apex 'welcome' letter until mid November so September & Octobers payment went to Egg as per arrangement, Apex wants a Direct Debit set up or monthly on line payment, I will only use a Standing Order which they have not suppied details of, so Novembers payment was also paid direct to Egg. Apex statement is balance up to August, my account is bang up to date so Apex can 'P' in the wind. They also state that they will honour the arrangement made with Egg BUT I MUST telephone their 'trained' negotiators - hell will freeze over first As you said why have they referred to Egg as their 'client' if they own it outright? MaP

After Egg agreed lower payments they stopped added interest to the loan - or so they stated - found an annual arrears statement that shows that out of the payments made after the arrangement £260 was taken as interest. Would this invalidate the assignment? Is there any difference as to who signs and dates an agreement? My agreement is signed & dated by Egg BEFORE it came to me for signature.

Hi BB, Regarding Sharkleys, I hold my head in shame (my pre CAG days) after threatening all sorts action they admitted mis sellling ppi on a loan, after refunding premiums & interest there was a balance of about £1200 which I was told I had to either pay in one lump or new agreement over 12 months - if only I knew then what I know now. Returning to Egg, finding several things wrong apart from different agreement number & repayment terms. After Egg agreed lower payments they stopped added interest to the loan - or so they stated - found an annual arrears statement that shows that out of the payments made after the arrangement £260 was taken as interest. Is there any difference as to who signs and dates an agreement? My agreement is signed & dated by Egg BEFORE it came to me for signature. Although payments are still going to Egg, Apex is now threatening litigation (as they have found out that I am a homeowner) because no payments are being made ( even though the balance on their threat-o-grams is reducing!).

Once again thanks BB. At the mo their still within the 12+2 days. For my own peace of mind I am still paying Egg by S/O the agreed amount under the original agreement. Just wanted to clarify if they (Egg) can change agreement & repayment terms without my consent (and signature). Had a similar thing with Barclays last year when after admitting mis selling ppi there was a balance still owing in which I had to sign a new agreement for the balance. Thanks again

Thanks BB much apprieciated. Letters re cra have gone off in todays post. Ia at a loss regarding this new agreement number & repayment terms - everything I have is in the original agreement account number. Not heard from Egg for two years, just kept paying them the agreed amount (under original agreement number). The Apex 'wecome' letter also had an Egg letter (with no account number) obviously printed on Apex printers stating they had sold the debt to Apex. Apex have not as yet replied to cca request, they wont be able to supply one under the account number they are chasing for. Tempted to send a bemused letter denying all knowledge of the quoted reference number. MaP