On a related note, I'm not sure if PT's case will have any bearing on this agreement which was taken out in 2007 and appears to adopt the newer Citi style agreement as opposed to the old Egg one. I did check online to see when Citi took over Egg and that was in 2007. It might be interesting to know on what date the format of the agreement changed though. (I get the impression the deal was finalised on 1 May 2007 but naturally had been going on for a long time before that with regulatory approval obtained in late January).

Yes Cupcake, I did mean the BC letter...only to see if it definitely stated that that had issued proceedings. I'm sure you know that a lot of these letters are strategically written into making you think that things have or will happen when in fact there are a lots of "we may..." type statements in there. I'm slightly bemused as to why they would even bother sending you this letter as the court papers would arrive in the post in due course anyway. On a reassuring note, I get the impression that BC frequently mess up their litigation so that goes in your favour. Quickly looked through your thread. Is your argument that the account was unlawfully terminated whilst in dispute??

Hi Cupcake!! I personally would not make any payment. IF they have issued proceedings then a token payment is not going to stop this. Please don't ring them either. All you can do is wait for the court papers. Are you able to scan the letter up on here with your personal details removed?

I'm interested in the outcome also Dandy as Lloyds are threatening to offset with my account. What concerns me is that I see that they took your Child Tax Credits payment and I was of the (probably mistaken) belief that they shouldn't really touch benefit payments???? Can anyone clarify this??

In my experience, it is unlikely to be Monx. Just as you think you've put the matter to bed, so to speak, it rears it's ugly head and you end up repeating yourself over and over. I have an M&S account with a letter saying that they can't find a copy of my agreement and hence, it is unenforceable in court. Nonetheless, this has been passed to 3 different DCA's plus one "solicitor." I usually ignore them for a while before sending them my standard response. Until the 6 year statute of limitation period expires then I think you may just have to accept that you will be inconvenienced from time to time with such drivel. They no doubt hope that you will eventually cough up something. On a related issue, has your daughter checked her credit file recently?

Yep, I've had 2 of those really scary red letters!!!!! I've just ignored them...PT's case is a matter of days away now so we're not far away from knowing if Apex truly have a leg to stand on.

I've had that letter also and have just ignored it. They threaten litigation and then revert to door step threats and then they offer to negotiate. They seem to run out of their bullshine letters at this point as I have ignored them all and they appear to be repeating the cycle!!

I'm wondering if the Adobe software mentioned was for Photoshop...cough cough!!!

Same here...M&S still maintain agreement is enforceable even though it's clearly not!! I think they're just trying to bluff it out as they know they've got problems, particularly with those whom they converted from a store cared to a credit card without it being requested. PS, Gothia, Red Castle and Resolution Legal Services are all the same group and probably all sit in the same office!!!

By signing and returning the letter you are acknowledging the debt as far as I can tell. This would then start the clock ticking again as regards statute of limitations (6 years - no payment/acknowledgemnt then they can't take court action for this.) My simple advice would be to ignore them.

Yep, they certainly get rather uperty when defendants fight back...as you rightly say Emandcole...HOW DARE WE?!!!!

Because it'ss a jpeg image Patrick you just need an image viewer such as Windows Photo Gallery to open it which should be pre-installed. Anyway, you've done it now!!

I think the problem is not so much that people are not seeing your page MamaG, but they are unsure how best to advise you. If this were a credit card I would be advising you to ignore the DCA for as long as possible before sending them a "deny debt prove it letter." After this I would then be sending them a CCA request to determine whether or not the agreement is enforceable. HOWEVER, as this debt arises from a shortfall in a respossession, CCA74 does not apply and I feel that this is where a lot of member expertise now lies (after reclaiming bank charges of course!). In theory, it would appear that the debt is legitimate (if not unethical) and you need to be searching for flaws in processes and documentation. This is where your SAR will come in useful as you should, in theory at least, be able to view all documentation that is held in respect of this debt. If I were in your position I would be scouring the internet for as much information on this subject as possible (not that you aren't of course) and also be making an appointment with CAB to see what advice they can offer. As for the DCA, I would ignore the first letter for the time being as they will inevitably chase it up. The way the letters progress is also quite telling as regards how strong they feel their case is. Essentially, you have been given a break, for as long as the law permits for litigation, and they are now phising to see if you have any assets worth taking. Best of luck with this and do let us know how you get on!

I don't understand why the Police aren't acting to be honest, except for apathy! You have an independent witness to the incident and damage was caused to your vehicle. I have had 2 similar incidents, many years ago and our local Police came out the same/following day. I would be inclined to write a letter of complaint to the Police also and also check up on the laws regarding failure to stop/report an accident. I'm not sure if there are different rules regarding moving/stationary vehicles and/or injury accidents.

Just quickly Chilli Bird...I've had 2 letters from MDB and yes, they are Hillesden. I thought the profiling letter was the second one I received from them though, but I may be wrong without checking my file. Anyway, nothing has come of it. I imagine Lizzie is just one of Lockie's side kicks to be honest...probably in the office next door or something!!! You are right about the Brackley and diverted phone number bit as I also read that on another thread. However, they're still doing this and I'm really unsure of the consequences to be honest. Just keep the envelope in case something does develop. They haven't called me so I'm not really bothered to be honest. In fact, DLC has probably been the least active in terms of chasing my account to date...not that I want to tempt fate of course!! My advice? Just file it away and ignore it.

Yes, please do...I had that letter back in February Melbel. The next for me is dated 10 days later from Rob Franklin, who identifies himself as my personal case handler. Since all this, I did write and ask for information and received a letter saying that collection activity on my account was on hold. Am still receiving weekly-ish letters though which means that someone forgot to take my name off the automated bullshine sender!!

I've found ignoring them to be the best policy so far Lex. Both myself and Andydd received letters threatening solicitors, court action and bailiffs if we didn't respond within 10 days. Needless to say, neither of us did and all we got was a letter threatening a doorstep collection! I have since received a letter saying we know you may be having financial difficulties and we just want to help you out etc. I haven't even CCA'd them yet as I have my original agreement. I only wrote to them to tell them to stop calling. PT's case is now on 4th June and I don;t think Apex will be starting any litigation before then. Quite a few Apex threads around...we're all receiving the same drivel. Entirely up to you but I would sit back and relax!! Best of luck EDIT: PS...hope your rough few months are over!! Think it may have been Melbel who spelt it out for them exactly what was wrong with the agreement and she got a cracking response which is too insane to comprehend!!

The debt still exists and they can still ask you for the money back. An unenforceable agreement simply means that they cannot enforce via the courts...providing the agreement was pre April 2007. Post that date, the court has an element of discretion. Also, whilst there are a number of flaws with Egg agreements (pre and circa 2005 I believe, but don't hold me to that) it doesn't necessarily mean that Egg will concur with your view that the agreement is unenforceable and may commence proceedings regardless. They usually rely on the ignorance of the defendant and/or judge to obtain a CCJ in such circumstances. Oh, and if you don't acknowledge the debt and/or make a payment over a 6 year period then the debt will become statute barred.

Such a beautiful girl Guje...I have 2 daughters and cannot begin to imagine your loss or how you are coping with this, even after these years. I will sign this petition for you naturally. Have you started a Facebook Group to raise awareness and support even more? Lots of hugs xx

I've just received another letter which basically says that they are sorry I haven't contacted them; appreciate I probably have financial difficulties and are willing to work out a repayment plan etc. However, this has come AFTER the threat of court action and bailiffs...think they've got the order of their letters a bit jumbled up!!

Just ignore them for now Sussex...this is the first in a long line of letters you will receive. Furthermore, that letter from Egg isn't actually from Egg as it has been produced by Apex. (No doubt with Egg's consent but misleading nonetheless in my opinion). Myself and loads of other Caggers are in the same boat...check out MelBel and Flubbers threads here.... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/231975-apex-credit-have-bought.html#post2570954 http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/245000-apex-enforceable.html#post2737449 I have ignored them for approx 6 months although did write to them recently to tell them to stop calling as they were ringing every day. As regards your documentation, I believe that recent case law does allow them to reconstitute agreements, although I'm guessing that your signature was on the second page of the first agreement also. I actually have my original agreement and the contents seem pretty authentic to me to be honest, even if there is some doubt about it being a cut and paste. It's the final bit of paper that I find misleading as it would seem to suggest that there an agreement exists between you and CitiBank (I know Citi have taken over the Egg credit accounts but you didn't enter into an agreement with Citi directly). I guess this is to reflect current terms and conditions but I can't help wondering if the layout is intended to confuse consumers into thinking that an enforceable agreement exists as all of the prescribed terms are present. Anyway, best of luck with this...but still very much early days for you!

Yeah, just ignore them Mel like Andy says. Perhaps we should start a thread with all the standard Apex letters so that those of us who are not as far ahead in the bullying process will know what to expect next!!

Just ignore them Flubber...I received the same letter at the beginning of February. The next will probably be a red headed Debtors notice followed by a letter saying that they are going to pass the account to solicitors if you don't contact them within 10 days. Just when you think that they're going to "bring it on" so to speak, you'll just get another letter saying that the account is going to be passed to their doorstep collectors. As I've said before, Apex will be awaiting the outcome of PT's court case just the same as us. Thus, I think it highly improbable that they will instigate court action on older agreements just yet. It's just a question of holding your nerve. I also believe that Apex think that we are like lambs to the slaughter as most, if not all of the debtors, had monthly arrangements to pay in force with Egg. They may also have paid a premium for this...eg 12% instead of 10% lol Andy does have a point insofar as now may well be the time to negotiate a low F&F, assuming that you have the funds, as there is always the possibility that PT's case may not succeed. However, if he does win, then you may well have settled on an uneforceable agreement. In my case, I don't have 2 brass farthings so a F&F is out of the question!!

I'm expecting a similar letter from DLC, in respect of an MBNA agreement, as they have already told me that they are going to undertake the checks. It's just another bullying letter to make you worry about losing your home. Remember, they have to be successful with their litigation first.

I know Bookie...just re-read that...totally gutted!!