Ive now had the RED HEADED Letter!!!! So scary!!! NOT... When will these morons learn? I am now ignoring them, i no longer have the time, want or need to reply to them!!! What should i expect next? A doorstep collector may call?

Hi Melbel, im in same boat too.....Gone thru all the CCA requests, account on hold, we are managing your expectations, OFT, Failed to contact us and now Im on the PRE-LITIGATION letter!!!! OOH Sounds scary!!! I have given up even replying to these morons now!!!! Hope all goes well for all.

Thanks for re-assurance, thought it was that!! I love the "You have failed to contact us letters" What they mean is you have contacted us but not what we wanna hear!!! I'm now ignoring these idol threats too....Wasted enough time on these timewasters already!!!!

update well after a reply from ombudsman! Basically saying they can't rule on validity of CCA!! Only a court can!! Had a couple of letters from Apex since, STD you have not contacted us letters, now had a letter saying as I have not contacted them they are going to hand it to their PRE LITIGATION Dept!!! I'm guessing this is horse apples!!! Any one else had these with Apex and advice?

Hi Mel, i have exactly the same letters....3 days apart too Makes you feel real special.....I have complained to The ombudsman about them, and sent them something similar to this http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/246638-egg-cca-enforcable.html#post2777891 with of course bits added and removed. As of yet had no reply, but keep an eye on this thread too http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/249132-egg-apex-ombudsman.html I am going thru the same process as you....I did not default with EGG after the agreed reduced payments, so unsure why Apex would be assigned debt? I am seeing this all the way to court if need be!!! Keep us updated 8-)

WOW your CCA looks so similar to mine its uncanny!!! Except mine is 10 days earlier with different layout? (Guess EGG mustve changed their CCA's over those 10 days? Or did they just create them out of thin air?)

Does your CCA look something similar to mine? I was surprised how quickly the Ombudsman replied and how seriously they are taking it!!! So far at least... Good luck with yours keep us posted too

I dont know either? Why send the supposed un-enforcable cca and a typed out CCA that has no signature and means what? Any ideas/explanation?

Mmmmm interesting, i suspect Egg are too judging by the numerous copies i've seen so far!!!

No one else done/tried this route? Worth a letter i thought?

Have you contacted the Financial ombudsman with your concerns? I have done this and they are very interested in hearing about it, i have enclosed numerous CCA's from here (minus details) including mine. I feel concerned that Egg or Apex can knock up so many variants of CCA's in same era's......I suggest maybe you try that or ignore them as i'm now doing...Awaiting the report/investigation.

Amazing how many different CCA's Egg can produce?!!!! I would suggest not enforceable, but stand to be corrected....I'm currently in the complaint procedure with Ombudsman regarding these very CCA's!!!

Subbing

Well just a heads up as after my complaint to the Ombudsman they are about to investigate Apex and Possibly Eggs make believe CCA's... For those who are in similar situation may be worth adding fuel to the fire? Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR I have found at least 4 different CCA's on here with varying design, Logo's and Form numbers?!!! With various tell tale cut n paste signs too? Anyone else been down this route, Got anywhere?

Thanks Angry Cat

What in laymans terms does this mean? (excuse my ignorance) My EGG agreement is dated Feb 2005? I assume if an agreement after may 05 it must conform to the new layout and terms? As mine is pre may 05 and as far as i can see has more flaws than a couterfeitors template!!!!

Subbing, good info there.. Thanks for posting it.will keep info in my armoury:D

mmm Not harsh at all, thanks for reply....Did not notice that 2 months part, i have actually worded my letter differently to that, but did not want to post exact copy...But just wanted advice if that was the right area to be going? Many thanks for reply, really appreciate any help and advice.

BUMP, any more ideas what i could do now....Planning on sending something along these lines? Is this right way to go....? "Thank you for your letter dated xx/xx/xx, I must draw your attention to the following that must be contained within the consumer credit agreement 1974 It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1). Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement, a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974. Since the document you have supplied is only a set of terms and conditions, I cannot believe for one moment that both my signature and the signature of company emloyee would be contained on the opposite side of the form. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within this document. Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regulations under s60 CCA1974 I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement. If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading. I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance. I respectfully request a reply within 14 days of the date of this letter. Yours faithfully"

If like mine, your signature is on one page, and limit, address etc is on other page, the fact that its signed by egg i assume is after the fact? As far as i can see, the 2 docs have no relevance (unless they have the original document!!!) Which is what most do not. But i stand to be corrected if so?

How you getting on with the EGG saga A+? Im at the same stage as you were, duff copy CCA sent, they fulfilled their end blah blah blah!!! Heres my thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/246638-egg-cca-enforcable.html Any helpful advice? Thanks and hope your well.

NEXT STEP ADVICE? Ok after my letter back to APEX they still claim its a valid CCA and will continue to chase debt (No surprise) I have not heard back from OFT yet, and they feel they have concluded their obligations!!! APEX CREDIT MANAGEMENT LTD February 2010 Dear Client ref: Apex ref: Thank you for your letter dated 5 February 2010. Unfortunately, I am unable to change the outcome of my investigation. My final response has been sent to you dated 25 January 2010, together with a copy of your signed agreement and a statement of account. You state, you have referred the matter to the Financial Ombudsman Service as you are not satisfied with the outcome of my investigation as you believe the documentation I have sent to you is fraudulent. We will wait for these authorities to contact us and respond to them accordingly, however, please be advised that an account is not deemed to be in dispute just because a consumer is not satisfied with a response. In conclusion to this matter and while we understand this is not the response you were hoping for, Apex will continue to pursue payment of your account based on the reasons given in my letter dated January 2010. I would therefore ask you to contact our office on 0871 244 2843 between Sam - 8pm Monday to Thursday, Sam - 5pm Friday to Saturday in order for us to set up a mutually agreeable arrangement for payment. Mohammed Qudier Complaint investigator 0845 1647538 [email protected] Yours sincerely, Should i be replying or ignoring them now? Worth replying mentioning extracts from the Manchester test case( " If the copy you provide is reconstituted you must inform me whether you hold the original on file or if this is from your records as per Carey V HSBC Bank Plc 2009 [EWHC] 3417" ect ect ) to confirm they have a true copy of original, which i dont believe is what they sent me (above) too many discrepancies...

Minimal at moment!! Had lots of phone calls initially, they stopped while CCA request processed which took nigh on 2 months!! Then this CCA with letter stating, we will begin collections again 21 days from now and this satisfies our need to provide CCA rubbish!! It just annoys me they assume they can send you supposed terms and paperwork and you'll say Ok and pay!!! Idiots!! Not disputing a debt may be there, but prove to me its origin! As far as i can see the name part on 1st doc has been scanned on/photocopied on, due to shadows under it and mis alignmet with rest of document!!!

Thanks, will await that too then. Have already replied and copied in OFT for the good it may do? Thanks again.

Hi just after some quick advice as to validity of this agreement? 1/To me the name on supposed original is off centre and shows sign of photocopy line. 2/ No mention of Credit limit? 3/ No signature on CCA letter (last pic) and had wrong address on it! These are for starters!!! Any other Help/advice?