Hi again guys. So I sent off the letter containing all the advice you guys gave. This was their reply: They also attatched and resent the shoddy copy of the agreement and highligted this part: I think they're claiming that this box makes the agreement enforcable because it states I will recieve details on how to cancel by post. But if I understand the CCA correctly shouldn't the cancelation details be on the same page as my signature?

So as it stands, can they enforce it?

No babybear. Just that one-sided, photocopied sheet.

Hi everybody. Finally got the reply to the CCA request for the Clydesdale cerdit card. I've had to scan it in fairly high resolution due to the shockingly bad photocopying job they did on it so apologies for the size. Here it is: Sorry if it's difficult to make out but I have the hard copy and it's not much easier to read to be honest. It makes reference to the terms and conditions but I don't see any T&C's present on this page. Any advice you guys have would be most welcome.

Hi guys. Does this sound okay as a reply to the above letter? "Dear Sir/Madam Thank you for your letter of 24th December 2009, the contents of which have been noted. The Consumer Credit Act 1974 states that: “If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.” You have twice told me in writing that you feel it is not your duty to obtain an enforceable credit agreement in relation to the above account. According to the CCA 1974 it is your duty. If you do not hold an enforceable credit agreement in relation to the debt you claim I owe then I must question whether or not you have a legal right to pursue payment from me at all. All of the correspondence you have sent me has been noted and as I stated in my previous letter to you I will now be informing the OFT and the DBSG/CSA of your position on this matter. If you wish to reply to me on this matter do so only in writing. Yours faithfully"

Happy New Year all. So I cancelled all payments to Apex and sent the account in dispute letters to them after the 12+2 working days expired. They sent me a letter telling me they are still trying to get a hold of the Clydesdale credit card credit agreement. But they sent me this with regards to the RBS loan: They are adamant that it's supposed to be me that makes the request to RBS and not them. Any suggestions what my next step should be? Thanks in advance guys.

No, there's no overdraft facility on the account BB, it's just a basic account. So what should be my next move? Should I resend the CCA request and highlight the paragraph that states it's their responsibility to pass the request to the creditor?

This is their reply to the RBS debt: They also returned the postal order.

The reply from Apex: First off, the credit card was from Clydesdale Bank in Scotland, not Egg so I don't know how they can get a copy of the credit agreement from them unless Egg and Clydesdale are one and the same. As far as I know though Egg is owned by the Citigroup and Clydesdale is owned by the National Australia Bank. Either way I get the feeling I'm dealing with a shower of muppets in Apex. "I will continue to chase Egg" gave me a chuckle. I'll need to do a cca request for the RBS debt now and I'll post the results of both when i get them.

I set up the direct debit on an account I use for this purpose only so there is only ever enough funds in there for them to take the agreed amount. To their credit they have been taking the payments on time and to the amount agreed. The only problem is the harassing phonecalls which I've now lost patience with.

Thanks for your help cerberusalert. I'll get right on that.

Hi all. I have a loan with RBS with an outstanding balance of around £26k and a credit card with Clydesdale (part of National Australia Bank I believe) with an outsatnding balance of around £8k. I paid them both on time every month until about 18 months ago when I was laid off. Since then I've only been able to get part time work up until 6 months ago when I had to go on JSA. Apex contacted me a few months ago and told me they had bought both debts from the respective banks. Since I was on JSA I told them I couldn't afford to pay back much. We eventually agreed on £10 per month for the RBS loan and £5 per month for the credit card. So I set up a direct debit with them. It was all fine until this month when they rang me a few days after the direct bebit had come out claiming I had fallen behind with the payments. I calmly told them they we're mistaken and that both direct debits had been paid on time and in full to which they replied; "Oh yes, it seems there was a mistake on the system. I'll just make a note of that." Every day since then they have rang me. Every day they say the same thing. Every day I have to go through the same process of telling them they have made a mistake and every day they tell me "I'll make a note of it on the system and the calls will stop". Yet they still continue to ring me every day. Any advice on what I should do about it? Also on a side note they also rang me around a month or so ago telling me I was eligible for a 50% discount on the debts I owed. Is there anything I should read into that? Thanks in advance all.