Lexis200 V Egg (cca)

[beachcomber60]

Hi all,

 

About to start my own thread on behalf of OH. Seems to be going the same way as Lexis.

 

Egg sent cca request defaulted on timescale by two weeks, reply arrived today just T&C's although they said in there letter that the cca was included, also stated that we did not send the £1 fee and to forward the fee by return - we did send it by postal order which was payable to Egg and stapled to the letter.

 

In a seperate letter we had the same letter as Lexis ref: unable to contact by phone ring us or we may take legal action.

 

Seem very disorganised dont they!

 

Beachy

[basa48]

Bump for posts 14-17 anyone...

 

 

Not really sure what you're asking Lexis, but yours is for sure the typical unenforceable agreement.

 

The use of approved limit

No interest rate for cash

no default charges

details re: alterations to APR interspersed

[lexis200]

The charges were in fact £20, later £16. Most others creditors reduced theirs to £12.

Egg have always been the stubborn ones!

Their excuse was that they are an internet Bank, thus they could not reduce to £12.

 

Rubbish excuse, as most other credit card providers are also internet serviced e.g. MBNA: the largest CC provider, who reduced their charges to £12, but that is another story...

 

Pity Egg didn't state the default charges on their so-called agreements!

 

Moving on to the results of your SAR, Egg have actually provided incorrect terms on the reverse of your statements, they have provided current terms.

 

Not that it affects matters very much, as the amount shown on your statements as charges, is what you caim back plus contractual interest from the date of each charge to date.

 

I must say though, it would appear that Egg are in a bit of a muddle!

 

AC

 

Thanks for this post AC - I missed it before.

 

So it's probably just an admin error then:rolleyes: Shows how little we trust them though - the first thing I thought of was that they'd been very naughty in charging more than their terms state! It didn't even cross my mind it might be a simple mistake:D

[lexis200]

Not really sure what you're asking Lexis, but yours is for sure the typical unenforceable agreement.

 

The use of approved limit

No interest rate for cash

no default charges

details re: alterations to APR interspersed

 

Hi basa

 

I just wanted clarification really on the DN/statements/agreements as I hadn't posted them up before, but it's been covered now pretty much so I'm ok:)

 

With the agreement, would I be right in thinking I need to be on PT's thread and getting one of his letters out to them?

 

Thanks

[basa48]

Hi basa

 

I just wanted clarification really on the DN/statements/agreements as I hadn't posted them up before, but it's been covered now pretty much so I'm ok:)

 

With the agreement, would I be right in thinking I need to be on PT's thread and getting one of his letters out to them?

 

Thanks

 

Not up to speed with dn's just yet .. sorry.

 

I would certainly read pt's thread a few times, but I would keep this thread going. You can certainly contribute an ask questions. It's all grist to the mill.

[lexis200]

Hello all:) Long time no see:)

 

I've been a bit slack recently with banks because they've all been pretty quiet (a lovely reason to not bother with them), but I have a few questions if anyone can offer an opinion....

 

1) I recently received a letter from Apex stating they'd bought the account and to contact them. It may have 'slipped my mind' so I haven't:rolleyes:

 

2) I never actually got as far as having a pop at Egg for the approved limit issue. Should I/can I after so long take it up with Apex?

 

3) What are Apex like to deal with - similar to the usual pond dwellers?

 

4) I realised a while ago that I had been charged for about 2 years of PPI on my card when the account was opened even though as far as I can see there is not a single mention of PPI on the application(s). I remember seeing something about this causing the creditor a problem, is this right? If so, can anyone point me towards how to deal with it?

 

Thanks all:)

Edited December 3, 2009 by lexis200

[lexis200]

Bump:)

[beachcomber60]

Your not alone Lexis, OH account has been sold off to Apex.

 

Didnt reply to their 'welcome' letter either (had bigger fish to deal with), however, Apex have written again to remind OH to ring them as OH had a payment arrangement in place which Apex would like to 'honour' (no payments have been made to Egg since the 'cca' showed 'approved' limit plus the other missing/incorrect terms).

 

Beachy

[lexis200]

Hi Beachy:)

 

Thanks for that.

 

How were Egg when you pointed out the approved limit issue? I'd not done that before it was passed to Apex and I'm wondering who to tell now...

 

Also, have they been bad with hounding after you stopped payments or are they pretty in line with all banks - they go mental at first then calm it a bit?

 

Lexis:)

[WelshMam2009]

As I understand it Lex, a stack of credit card agreements agreements have been off loaded to Apex even though reduced payment plans were in place.

 

I haven't contacted Apex although they do ring regularly...the numbers are available on this site and all begin with 01789.

 

I actually have my original agreement and it clearly states "approved limit." Have no intention of paying Apex and await my second letter, as per Beachcomber's post, when I shall send them a "prove it" letter and also advise them to cease calling.

 

There is a case next March, in Cardiff Mercantile court which PT is involved with. This will debate the very issue of the "approved limit" and, if it goes the consumers way, Apex are going to be left holding a lot of lemons!!

 

One other thing to look out for is the DN. Mine was issued as soon as I made the first reduced payment and makes no mention of terminating the agreement. As far as I can tell, Apex do not have a licence for consumer credit which means that either the assignments are equitable, in which case Egg still have an interest, or, if they are absolute then the agreements must have been terminated.

 

Hope this helps a little!!

[beachcomber60]

Hi Beachy:)

 

Thanks for that.

 

How were Egg when you pointed out the approved limit issue? I'd not done that before it was passed to Apex and I'm wondering who to tell now...

 

Also, have they been bad with hounding after you stopped payments or are they pretty in line with all banks - they go mental at first then calm it a bit?

 

Lexis:)

 

 

Hi Lexis

 

When we hit financial problems Egg accepted lower payments without too much hassle BUT they quickly issued a DN to OH account (as is their 'Policy').

 

Then we found CAG & cca'd Egg (along with all other creditors), after receiving the cca - well outside the 12+2 timeframe, found the 'common' errors with the agreement, disputed the account & with held payments, that was about six months ago, no chasing of payments by Egg.

 

At the same time as they agreed lower payments we logged into OH account & changed our telephone number - changed STD code to next towns code and changed home number to 000000 (I know - naughty but satisfying ), we only ever received one letter asking, sorry demanding OH telephones them as they were unable to ring OH - if OH didn't ring within 7 days they would start legal action. That was replied with a formal complaint advising them that we are under no legal obligation to provide our telephone number and that we will deal with them in writing only, since then absolutely no contact from them until Apex popped up.

 

If they do manage to obtain our telephone number then True Call is waiting for them.

 

I was advised (on the forum) to send Apex a cca request, making sure the PO was marked 'fee for CCA request ONLY'.

 

There are charges on the account but as I understand it Egg dont give in on these, there is also PPI added which wasn't asked for (preticked box) which need to be reclaimed.

 

Hope this helps.

 

Regards

 

Beachy

[lexis200]

That's excellent info both of you, thanks very much.

 

I'm going to have a think about how to proceed on this one as I'm wondering if I've ballsed it up by not disputing the approved limit bit yet with egg, and now it's been sold...

 

I suppose if Apex have bought it lock stock I can just CCA them as suggested and dispute it with them?

 

The DN bit is interesting Welshmam, but as with Beachy my account was defaulted and terminated as soon as I asked about the payment plan. In fact, I wonder how they did get away with that because now I think about it they said they had to default me before they could consider a plan, and up until that point I'd paid every month:confused:

 

ps - I've just logged on and changed my phone number:D:D I feel ever so naughty:D I know it won't help with Apex but in any case it was my old number from about 3 years ago so they're stuffed either way:lol:

[WelshMam2009]

The DN bit is interesting Welshmam, but as with Beachy my account was defaulted and terminated as soon as I asked about the payment plan.

 

Really Lex? Did they send you a termination notice then only I've never received one from Egg, just the early DN.

 

In fact, I wonder how they did get away with that because now I think about it they said they had to default me before they could consider a plan, and up until that point I'd paid every month:confused:

 

Tesco (RBS) said exactly the same thing. When I complained about this to an advisor at National Debtline (pre-CAG days) they told me it was perfectly acceptable!!

[lexis200]

See now you've said that I've started doubting myself as I've not posted a TN up...

 

I'm sure I did though - I'll have a check later but I'm off to make cakes for the school fair in a mo so can't do it just yet:)

 

Tesco (RBS) said exactly the same thing. When I complained about this to an advisor at National Debtline (pre-CAG days) they told me it was perfectly acceptable!!

How can that be acceptable? Surely a default can only be issued when you've not kept up the payments as agreed??

 

Damn banks:mad:

[WelshMam2009]

I'm off to make cakes for the school fair in a mo so can't do it just yet:)

 

Good for you hun!! We mustn't let these little bankers stop us all from living our lifes!!

 

How can that be acceptable? Surely a default can only be issued when you've not kept up the payments as agreed??

 

Damn banks:mad:

 

Don't know. But I lost all faith in National Debtline when they tried to get me to enter into an IVA.

[lexis200]

Long time no see on here! Had a bit of a rough few months so I've really not been doing much re banks, but Apex are forcing me to get up off my bum and respond to them:rolleyes:

 

I've had a few months of Apex sending 'please call us' letters, and in January I cca'd them. At the end of March I finally got a response which was (as I already knew) the approved limit application. Wrote to them at the beginning of April saying I didn't like the look of it, and today got a letter threatening court (after no reply to my letter).

 

I don't have any knowledge of Apex so I don't know if this is standard gumph or something I should be concerned about. Either way I thought it best to jot something down to them. If anyone could have a look and see if it's ok I'd appreciate it!

 

Thanks chaps:)

 

Dear Sir/Madam

 

I have today received a letter threatening litigation on the above account.

 

I find it incredible that you state I have not contacted you when your company took nearly two months to reply to my CCA request, and since your extremely late response to this request, have failed to reply to my letter of the 2nd April querying the application that you sent.

 

How can you possibly be sending out legal threat letters when there is an open complaint on the account, which despite being sent nearly two weeks ago is yet to receive even an acknowledgement, let alone a considered response?

 

I will again state my complaint that the application form sent does not comply with regulations as it does not include a reference to a 'Credit Limit'. It refers merely to an 'Approved Limit' which is not a prescribed term, and moreover is a very confusing term for me as a layperson and is not a remotely clear description. The only place that 'Credit Limit' is referred to is in the set of standard terms and conditions you supplied with the application, and as you are well aware the terms must be in the signature document, not in the generic terms and conditions. I will not go into this in detail again; you can refer to my previous letter for that, but as I stated before, as it stands I do not believe this application is enforceable.

 

If it is your intention to continue with litigation, despite the fact that I am now and have always been keeping up payments as agreed with Egg, I should inform you that my income has recently reduced. Should you decide to go to court, any payments made would be less than are currently being paid as the court would see my income is not sufficient to pay what I am, and also that I am using benefit payments to keep my unsecured debts paid. This is not what they are intended for, and no court would insist on them being used. In addition to this, I do not own my home and I have no savings or income (save for benefits).

 

I would suggest you have the courtesy to answer my previous letter regarding the application form before sending more threats of court action as I have no doubt a court (not to mention the FOS and Trading Standards, who I would also be contacting) would have a very dim view of your actions thus far in ignoring my complaint and ploughing on with these sorts of threats.

 

I will also inform you that I will not be at my address until the end of May, so any correspondence sent between the end of next week and then will not be seen until I return. Please bear this in mind if you deign to reply to me this time.

 

This letter is being sent by Recorded delivery to avoid any further possibilities of it being ignored.

 

Yours faithfully

[WelshMam2009]

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!!

Edited April 15, 2010 by WelshMam2009

[lexis200]

Thanks Welshmam, that eases my mind somewhat:) I thought they would probably not be too pushy given the 2/3 weekly letters for the last however many months stating it's urgent that I phone, but you know how when you've not dealt with a company before you have that niggle that worries you...

 

I may well get a shortened version of that letter out anyway just so that if on the vague off-chance they did decide to do anything I could prove I told them I wasn't here. On the other hand I may just not bother:)

 

I'm looking forward to hearing about PT's case too - be nice to have something in black and white, whatever way it goes!

[lexis200]

Hi all

 

Just had a response from Apex, and tbh I have no idea if it means anything or not. It just reads like gobbledegook to me as they intimate that I assumed it was governed under the 2006 amendments (which I didn't)???

 

Anyway, this is it. And it is all one paragraph, I wasn't just too lazy to split it up properly

 

 

Firstly I would like to draw your attention to the date of which you entered into the agreement; xxx 2003, denoting our obligation to fulfil your request under the CCA 1974 and not the terms prescribed in that of the amendments of the CCA 2006. Therefore, under Section 78 relating to a regulated agreement for running-account credit, the credit limit is not a requirement under (b) the amount, if any, currently payable under the agreement by the debtor to the creditor. At the point of entering into the agreement, the amount payable would have been nil. You will find the rate of interest and repayment details in the Terms and Conditions enclosed (they weren't). For these reasons we refute your claim that the agreement is lacking any of the terms prescibed by the CCA1974 and under S127 cannot be enforced.

 

Are they trying to say that a credit limit does not need to be stated in any way, even in a 'we will set your limit' type way? It also appears to me that they are 'accidentally' confusing the CCA1974 sec 78 with the '83 sec 6(1) regulations??

 

Has anyone else had this (or similar)?

 

I'm going away in a couple of days so I really can't be bothered to respond to this as it's clearly not going to get me anywhere. With any luck they'll just carry on blustering until some sort of decision is reached in June

[lexis200]

Also, they called me Ms. I really really hate being called Ms. I write my name as Miss, so any person with any sort of social etiquette, or indeed basic manners, would use that title to respond to me, but no, some moron decided I'd prefer to be called Ms:mad:

[beachcomber60]

Hi Miss Lexis

 

OH had a similiar letter to yours last week, refuting the approved limit argument.

 

They also enclosed a copy of High Court case last year in Manchester to 'back up' their argument that an enforceable agreement exists dont why they sent it, totally irrelevent to the 'Approved Limit' argument.

 

Given OH 21days before they start their collection activity again.

 

Enjoy your break.

 

beachy

[lexis200]

Hello Beachy:)

 

Thank you for addressing me correctly

 

Looks like they just have templates of utter rubbish to send out then regardless of if they actually match what has been asked:rolleyes:

 

After a load of these types of response from various banks my OH has suggested I start sending my own template letters out with reference numbers on them, then I can ask them to quote reference 'template 1' 'template 2' etc in their replies:D

[lexis200]

Apex have been in touch again a few days ago. Now they're just a bit miffed that I've not responded to their reasonable requests (that'll be apart from the letters I've sent obviously:)).

 

Numpties.

[WelshMam2009]

Numpties.

 

lol too right Lex!!

 

I asked them for some info and received a relpy stating that it would take a while to respond but in the mean time, my account was on hold...yet, I'm still receiving the regular drivel from them!!

 

DOUBLE numpties me thinks!!

[lexis200]

Hehe:) They do like to keep at it don't they.

 

I had a quick sort today through the pile of letters that I really need to organise and found they really have been sending letters about one every 2/3 weeks since the beginning of the year! Last month I got 3, one dated only 4 or 5 days after the previous one:rolleyes: