Apex

[jonregular]

hi there,

 

thanks for reply and am currently implementing that advice.

 

anymore advice /opinions relating to above letter from OFT,will be much appreciated!

 

Thanks

[jonregular]

Happy New Year

 

Bump!!

[hackedoff007]

How you gettin on with Apex? I have had a CCA back, but it has more flaws than i can count plus looks false and fabricated! Did you get CCA back?

[jonregular]

My CCA is more or less the same as what everyone else has recieved recently.

 

I am waiting to see the outcome of this court case in March,apparantly it will give all of us an idea or confirmation on prescribed terms within our contracts and if they be enforceable or not!!!

 

I am watching the skies!!!

[jonregular]

Hello again,

 

Back in January 2010 Apex sent what appears to be a photocopy of my origional Egg credit aggrement 2003 & has my signature at the bottom in a little box!.

It also state under limit-"we will you from time to time the approved limit we have set and,if different,the individual limit you have chosen on the account".

They also mentioned in a seperate letter they were awaiting receipt of my statement of account.

 

On the 01/07/10 Apex sent me a statement of account for my Egg card and went on to advise me of the urgency to contact them to arrange payment of debt owed.

 

 

Can anyone advise what my next course of action would be as i would rather not be dealing with Apex to resolve this debt.

Like most other people on here would i be right in thinking to delay until PT2537's case outcome? and what can i do to delay until then?

 

 

Many thanks

[andydd]

Hello again,

 

Back in January 2010 Apex sent what appears to be a photocopy of my origional Egg credit aggrement 2003 & has my signature at the bottom in a little box!.

It also state under limit-"we will you from time to time the approved limit we have set and,if different,the individual limit you have chosen on the account".

They also mentioned in a seperate letter they were awaiting receipt of my statement of account.

 

On the 01/07/10 Apex sent me a statement of account for my Egg card and went on to advise me of the urgency to contact them to arrange payment of debt owed.

 

 

Can anyone advise what my next course of action would be as i would rather not be dealing with Apex to resolve this debt.

Like most other people on here would i be right in thinking to delay until PT2537's case outcome? and what can i do to delay until then?

 

 

Many thanks

 

Surely you dont have to do anything to delay, just ignore them Or am i missing something ?

[jonregular]

if it were that simple dd,but i would prefer to be compliant to a certain point without getting myself into trouble or handing money over until every option i have open to me has been exhausted!

 

What are my next options though?

 

 

Many thanks in advance!

[andydd]

if it were that simple dd,but i would prefer to be compliant to a certain point without getting myself into trouble or handing money over until every option i have open to me has been exhausted!

 

What are my next options though?

 

 

Many thanks in advance!

 

But you dont have to explore any options, (except the CCA one, which you have already done).

 

What it comes down to is Apex can't do anything untill they take legal action, now as we all know, the Egg CCA's appear unenforceable, so whether court action will be taken is doubtful.

 

P.S. Im in the same boat, I'm not going to play letter ping pong with Apex, so i just ignore them, ( I had previously obtained my CCA from Egg and it is the same as yours.)

[Roary]

Sorry to jump in to this thread...

 

I'm in the same position as you, Andy. I've been following pt's thread for a while and am now ignoring letters from Apex. I've had three of the "debtors notice" ones with the red banner. The last one I recieved was a bit different and starts with:

 

"Further to our previous letter, your failure to discuss this account and reach a mutually acceptable arrangement now leaves us with little alternative but to commence legal action for payment of the amount owing"

 

Apparently my acccount is being processed and "may" be passed to their solicitors in 10 days time.

 

I'm still ignoring them as I can't see them taking me to court until a decision is reached in pt's case.

[jonregular]

Hello again,

 

Have received letter from Apex asking for a payment or contact within 10 days or my account will be passed onto "PRE-LITIGATION ASSESSMENT".

 

They go on to say they will consider legal enforcement of debt against me or my property.

 

My question is,how safe is my house when a non-secured debt is owed/disputed?

 

Many thanks in advance

[andydd]

Hello again,

 

Have received letter from Apex asking for a payment or contact within 10 days or my account will be passed onto "PRE-LITIGATION ASSESSMENT".

 

They go on to say they will consider legal enforcement of debt against me or my property.

 

My question is,how safe is my house when a non-secured debt is owed/disputed?

 

Many thanks in advance

 

Very safe.

 

Whilst it is clearly possible your home is at risk on a secured loan, on a unsecured one the risk is minimal.

 

The very worst that could happen is that in the likely event Apex did take legal action and won there is a slim possibilty they could get a charging order, this would just mean that if you sold the property they would be on the list of people who you had to pay alongside your mortgage co. etc, all of this is very very unlikely though. Its certainly not anything like a repossession order though.

 

Andy

[Seminole]

They would have to obtain a CCJ against you on which you would have to default before they could get a charging order. Note that to get a CO they simply need to apply to the court and they will get an interim order without anyone telling you until it's been done. These is then a hearing to determine whether the CO should be made final.

 

Once a CO is in place, most creditors will sit back and wait for you to sell the home or remortgage at which point they will step in and will be paid. Alternatively they can apply to the court for an order for sale which is very, very unlikely to be granted.

 

If you believe that the agreement is unenforceable then you must defend the court claim as strongly as you can. If a CO is put in place, you would have the devil's own job in contesting it later.

 

Having said that your letter sounds like a standard threatogram.

[jonregular]

Thanks for the reply

 

I thought as much but could'nt be sure!

[Roary]

Jon,

 

I have several of those letters. The next one will be a "DEBTORS NOTICE" (big red banner across the top) which will say pretty much the same thing. I have three or four of those too.

 

They are standard letters, and have so far not been backed up with any action.

[jonregular]

thanks for reply Roary!

 

I would really have prefered to settle this debt with egg,as i had been on their debt management for around a year(without defaulting)before they sold mine/everyones debt on,which i though was very unfair!

nothing illegal about what they did, but would have thought fair to let me come up with a final offer that i could afford,probably more than what egg sold it to apex for!!

[jonregular]

That was a right pain in the arse trying to find my thread!!

 

Anyway,Have received a 1st debtors notice which contains many "may's" if i dont resond in some way

as i am awaiting outcome of PT's case,what should i do?

[jonregular]

Hello

 

Another letter recieved which states that i now have a personal case handler and that my case may still be passed on their litigation dept 10 days from date of this letter.

 

What should i do next as i am still waiting on PT's case? should i do anything at all?

 

 

Many thanks

[cerberusalert]

Have you received any documents from them yet?

[jonregular]

Have you received any documents from them yet?

 

Hi Cerb,

 

I have recieved so far..

 

(Photo)Copy of Egg aggrement (signed)/Terms & conditions,after CCA request sent!

 

(photo)copy of statement of account

 

First Debtors notice

 

letter mentioned in previous post

 

 

I was keeping up to speed with PT's thread before the site change,can't locate it now?

 

 

Any advice would be appreciated

 

Thanks in advance

[cerberusalert]

I was keeping up to speed with PT's thread before the site change,

He's removed the thread for the time being.

 

Have you had the Egg agreement checked over?

[jonregular]

He's removed the thread for the time being.

 

Have you had the Egg agreement checked over?

 

No,not sure how to go about it,whether i stick it up here for someone to look over it?

 

But i think its the same as most on here with reference to the prescribed terms and other thingamjigs!!

 

I will stick it up?

[cerberusalert]

Yes post it up here after removing any identifiers.

[jonregular]

Ok,this i did post couple of pages back,bad quality they sent me!

 

 

 

and this just now,again bad quality copy they sent

[jonregular]

Cerb?

 

Anyone care to see from the documents if it conforms or what my next step is?

[cerberusalert]

These type of agreement aren't my forte but what does jump out under 'interest & credit charges' it mentions condition 12 but where is it?