Bump for advice In addition to the last post I made, I have searched out the agreement & DN for this loan, it has a completely different account number. So it looks like Egg have drawn up a new agreement & payment terms without my knowledge, surely they cant do this without informing me & requiring my signature on a new agreement? All payments made have been done under the original agreement number. MaP

Thanks for your advice, template letters downloaded from Experian to send off. Printed off copies of the CRA report & while cutting out the relevent file to stick to the letter noticed something very strange & dont know if it effects anything, brief history :- 2005 loan taken out for £13k at £200 per month repayment term 84 months. 2008 fell into financial hardship, Egg informed & agreed (in writing) to freeze interest and accept £100 per month - stuck to this arrangement religously until debt sold off to Apex (cca requested & details of setting up Standing order). On checking the CRA DN date changed from original date to a more recent date but still showing original loan agreement date & still in Egg's name. However, as I was cutting out the file I noticed that the 'Repayment Period' is Monthly Payment : £75 over 157 months ? ? I have never agreed any 'new' terms & have never signed anything relating to those terms. I did SAR Egg beginning of the year and the only CCA supplied was the original one for £200 over 60 months & nothing relating to £75 also nothing listed in their comms log or paperwork. Not really sure what to do about this or whether I can formally dispute this debt as there is no cca for £75 per month x 157 months. Any advice would be greatly received. MaP.

Thanks hs, Firstly I do have a print out of my CRA file prior to Apex buying this debt, so have proof of the original DN date. It still shows as Egg being the OC & with the original loan date. I have signed nothing regarding any new agreement, in fact I have been paying Egg by arrangement since '08 without any problem so was a little P'd off when Apex said they bought all rights & duties.

Update to this, have requested cca from Apex, not received back yet BUT they are getting stroppy coz I've not paid them yet (I will only pay via Standing Order but cant until they supply the info), they told me to stop paying Egg, however, the day after the 'normal' payment to Egg Apex sent a stroppy letter demanding the missed payment or they would serve a Default Notice. Now the interesting part for which I would like to seek advice, Egg served a DN in October 2008 which shows on my CRA file, however I checked my CRA file today & was shocked to find that the date of this DN has been changed to December 2010 - surely this isnt allowed? MaP

Bump

Hope someone can advise on this one, in addition to what i've already posted I've been trawling through the paperwork from my SAR and have found something I am convinced makes the assignment to CL wrong. Firstly in the comms log it shows that the debt was 'sold' to CL * August 2007, however, the NoA obtained from Cohen shows a date of ** August 2008? Furthermore, I have also found a letter from GE quote 'Credit facilities have been withdrawn. Please cut in half and return to us any cards issued to you (and additional cardholders) for this, and any other GE Money accounts that you hold' so surely this confirms 'termination' without a Default Notice being issued first and that as a result it could not have been sold to CL as a LIVE debt? I really value any thoughts on this. MaP

Thanks DJ, Statements? There lies the problem - after doing a SAR to Santander , they replied that due to the age of the account statements were unavailable pre April 2003 (account opened 1989 - PPI cancelled Dec 2005). They did confirm that PPI payments totalled £2300 which they would take into consideration on any refund request - I did try and reclaim PPI due to mis selling (self employed with no fixed contracts), but was told to naff off as they werent regulated at the time. I did consider making a complaint with the ICO for non compliance, but I had the same problem with Barclaycard & the ICO sided with them stating that if they creditor says they dont have statements older the six years then I have to accept it. The debt is roughly £4k with £2300 being ppi premiums without any interest added. thanks in advance, MaP.

Trying to work out the PPI premiums interest ready to counter claim against Mr Cohen & Co. Did work it out as the APR, but looking very closely at the bad microfiche copy they have provided I can just make out that the APR interest on PPI was zero as they charged **p per £100. Does this mean I cannot claim interest or just statutory 8% on each premium paid? Really confused by this one. MaP

D'OH -Posted twice MaP

Thanks DB, Santander sold it to CL & the full balance showed on my CRA file, after two years of CL 'owning' it they have just updated my CRA file as 'settled' and amount outstanding is £0. Any thought on my query regarding ppi interest? Thanks again MaP

Hi Rocky, Thanks for the pm, sorry I havent had time to reply, will do so later - I have not checked the agreement yet - will do so in the morning. I still feel that by withdrawing credit facilities Santander effectively terminated the account without first issuing a DN so selling it off to a dca was incorrectly done. I also have another query/problem that has just come to light - had an ALERT from Experian and I found that the alert was a change in CL's report, the type of account has changed from 'Credit Card/Store Card' to 'BANK' CL is certainly NOT a bank is it? Also the amount outstanding has changed from £**** to £0 and is marked as 'SETTLED' but then on looking at the actual report itself CL has registered a Default & the balance is £12 more then last time I looked - really confusing. I do have a query if anyone can assist - I intend counterclaim for PPI (I have good reasons) when they issue their court claim - on checking (on what I can read) is that APR for PPI is zero as GE charged **p per £100, does this mean I cannot claim compound interest either at card APR or 8% Statutory (compounded) on each premium paid? Any help/advice would be most welcome.

Incidently, its Mr Cohen who is threatening & states that just the microfiche + the NoA & a few statements will be enough to secure judgement. MaP

Thanks Elsa, Store Card taken out 1989, yes have done cca request as part of the SAR, the OC stated that due to the age of the account they no longer have the agreement. CCA request to the dca & they provided an unreadable photocopy of a microfiche, their solicitor then informed my of intended court action was then given CPR 31:16 & again provided a bad copy of a microfiche & T&C's which I cannot connect to the agreement. Incidently, I chased the OC for ppi T&C's that applied when I took out the card, they provided some T&C's stating that they were the correct ones BUT looking closely in the bottom corner there was a 'version'date of 2008 I cancelled ppi in 2005. I am sure the dca doesnt have a licence to provide 'revolving credit facilities' & by the OC informing me that facilities had been withdrawn & no longer able to use the card the account couldnt have been live when sold on. Hope this makes sense. MaP

Can an OC 'sell' a debt onto a dca without issuing a DN? Looking around the forum it seems the majority of OC serve a default notice & terminate accounts before selling debt onto dca's. I have a Store Card debt that has been 'sold' to a dca who has issued their own DN & their solicitor is threatening court action. The OC, when I fell on hard times, withdrew credit facilities and said they would issue a default notice (none was issued & confirmed by CRA search). Did a SAR to the OC & regarding a DN they stated that DN were 'electronically generated' and they dont keep copies, they couldnt confirm the date one was issued but enclosed a template DN as an example. By withdrawing credit facilities would that be considered as 'termination' resulting in the debt being incorrectly sold to a dca as it was not 'live'. Just trying to cover all angles ready for the next step from the dca & solicitors ( both well known on CAG - especially the underhanded tactics of the solicitors by what I've read.

In the same position as you, although not received their claim form YET. Your agreement is quite good compared to mine which is from 1989, exactly the same 'wavey line' T&C's. Did GE serve a default notice ?

Very interesting thread. On the subject of Assignments - can a creditor 'sell' a debt without a default or termination notice if the dca doesnt hold a consumer credit licence? Also if the account has a large amount of fees/charges added would that make the Assignment unlawful as the assigned amount would be wrong? Still learning - if you dont ask you dont learn

Snap - exactly the same scenerio as you. Been paying egg coz I was under the impression its enforceable, never challenged it. They got me to convert my egg cards into loan, again as you thus was '03/04 ish. Just had another look at the 'Egg' letter & there is no account number

Been in a payment plan with Egg for the past two years in respect of an egg loan (pre CAG days, was paying more then I could 'comfortably' afford), all of a sudden Apex sent a letter stating they've bought all rights, interests & benefits. Advised to phone them to discuss payments & set up a direct debit so payments can be made direct from my bank. Included was a letter from Egg, doesn't look like a genuine Egg letter as its in black & white. I suppose first step is a cca request & not to telephone them.

Having suffered at the hands of Mercers & then Calders (still Barclaycard), I strongly recommend True Call, I have call records of over 900 calls from Mercers (most silent) until Barclaycard eventually 'caved in' over mis sold ppi which wiped the debt out completely, all the time BC didnt/couldnt provide a copy of the cca agreement.

Under OFT Guidelines they have to provide you with a Statement of Account every 12 months. Nothing to worry about

Dont want to name OC or DCA. Account in dispute with OC over (unreadable Microfiche) application form/agreement?, unfair charges & mis sold ppi, no default issued but account sold to a dca (OC communicated to correct address). Made a further cca request to the dca who replied with the same (bad copy) of the microfiche together with T&Cs which again is a very bad photocopy - sent to correct address. However, their 'account statements', Notice of Assignment (or should I say a letter advising they own debt) & usual threats have all been sent to old address together with a Default Notice, my concern is that they will obtain a judgement via this underhanded way of using our old address - they know full well what our current address is as I have written to them several times. Incidently, the debt is about £2k LESS then what my charges & ppi claim is for. Really not sure which way to play this one? MAP

Thank you both for your comments. Yes, I have already stopped payments & my claim for PPI is £1500 MORE than the balance outstanding, so when they take me to court if they own the debt worts 'n all do I counter claim PPI against them? PPI claim is currently going to & fro' GE (original creditor), they wont budge at the moment. MaP

After being quiet for so longer Capital One have suddenly remembered I exist, and have started chasing me again saying the agreement is totally enforceable. Could someone give me the heads up as to whether they are right in saying it is enforceable? Never heard from any dca or their own pet poodles Debitas, it looks like I managed to dodge their radar until now. MaP

Hi, Have had a debt passed to CL Finance who have wriiten to me and told me to carry on paying them as I was to GE Money. After reading other threads, I not sure if I have been doing the right thing by paying CL - CL only sent me a letter by normal post & I have had nothing from GE to say they have sold the debt, have I acknowledged the debt by paying CL? I have done the obvious in making a cca request to CL who have ignored me completely, and then to GE Money who responded that they no longer have a copy of the agreement due to how old the account is. I do have claims in against GE over charges & PPI which have yet to be acknowledged. For future reference as far as Notice of assignments are concerned, what is the best way to deal with these, should any others arrive by normal post from other dca's, is it best to send a bemused letter or ignore them completely. MaP

sorry