Cabot/Mortimer claimform - old EGG card debt

[fairbyblue]

Here we go again.

 

Had card for ages, missus went bananas on it and then did the decent thing and left !!!

 

Had agreement with Egg for about 2 years at nominal amount £3 per month of debt about 2k.

All going along swimmingly.

 

Then get text on 9/11 telling me to contact Apex (I didnt) and then get the following letters in the SAME envelope !!!!!

 

A few things that jump out is that the date set up for both are in same format 9-November-2009. (chances of that ?)

 

Same font and size

 

Cant see who signed it from Egg

 

The egg logo is just in black not green

 

The phone number is 0871 which is a premium rate.

 

Plus the dates in the letters are wrong, apex says they had it from 9 september becoming active 6 november and 'Egg' notice of assignment who no doubt says 6 Novemeber

 

So methinks a CCA to Apex but do i still pay my £3 to Egg?

 

Would of been nice to get assignment from Egg in different envelope with some contact details on!!!

 

Edited November 11, 2009 by fairbyblue

[CELBIN]

Hi Fairbyblue.

 

 

I have had exactly the same, have been paying Egg for 2 cards an agreed amount for the last 2.5 years, interest frozen.

 

 

They should have contacted me in October to review but didn't and then I got the same text as you.

 

 

I rang Apex and found out it was regarding my Egg card but only one of them.

 

 

I emailed Egg but got no response and was told by Apex that I had to submit i & e within 48 hours!

 

 

After posting a message on here I decided after advice from other users to write to them to request a copy of my CCA

and confirmation that they have legally bought my debt and also to say that I would only correspond through letter...not text or phone calls.

 

 

I get home today to find the exact 2 letters that you have had!

I also spotted the typing similarities so I rang Egg who confirmed that yes they have sold one of my debts to Apex,

when I asked about the other one they said they had only sold Visa debts and not Mastercard ones.

 

 

I have also had 2 missed calls from Apex today and when you consider I only got the text on Monday it's a bit much!

I intend to wait for a response to my letter before doing anything else.

Edited November 11, 2009 by CELBIN

[fairbyblue]

Defo from same computer, too similar, the Egg letter looks like a photocopied letterhead, note there is no name at egg to contact !!!!

 

Have you CCA'd them? and while we at it a SAR?

 

I will be firing on all cylinders for this one after a recent success on here thanks to a few kind people.

Have a click around and see what you are dealing with!!!

 

These are bottom feeders and the managing director has more CCJs that I will ever have

 

Credit Today online

[booklover]

Hi Both.....

 

Snap!!! Have had exactly the same letters today, both in same envelope. Am wondering what to do now?

 

I have dug out the last letter that I had from Egg to confirm my agreement which was dated 14th May.

 

It says:

 

We just need to confirm details of the repayment plan we've agreed.

 

Your offer to pay £****per month for the next six months has been accepted subject to the following conditions:

 

* We must receive first payment by 30th May 09

* You must pay this amount each month for the duration of the agreement.

* We won't take any further action o the condition that this agreement is maintained. However, if you fail to make the agreed payments we will begin proceedings against you.

*We 'll get in touch before this agreement ends so that we can review your financial position and discuss the best way for you to continue repayments.

* We've suspended interest charges from the date of this letter but if you fail to to make the agreed payments this will be reviewed and you could be charged with all accrued and accruing interest..

 

So.....I have kept my side of the agreement 100%. Why have they not contacted me when they said they would for a 6 monthly review, and why has my account been sold on?

 

Can Egg do this??

 

What do I do first?

 

Thanks in advance!

[CELBIN]

Hi Fairbyblue. What is a SAR??? Am a bit crap, wasn't sure what a CCA was until yesterday! I have requested a CCA but would be grateful if you could tell me what a SAR is. Thanks.

Edited November 11, 2009 by CELBIN

[CELBIN]

Hi Booklover. When I rang Egg today they said that they can sell my debt as I broke the original credit agreement when I first fell into difficulty. They also said that the letter was legit that Apex sent me and that I should have received a letter from Egg...but I haven't had anything from them, they still haven't replied to my email from Monday! Am very wary of dealing with this Apex company, I have yet to find anything decent written about them!

[booklover]

Hi Celbin

 

So if Egg are saying they can sell the debt as the original agreement was broken, why did they (in my case anyway), continue to make new agreements. I haven't broken any of these and have paid religiously. I really don't see how they can do this???

 

Why does it always seem to be the people that are paying and doing their best to get out of the crap are the ones who get a hard time?

[CELBIN]

Hi Booklover. I know, I feel exactly the same! I made the effort and contacted all my debtors when I got into difficulty and have never missed a payment on any of my agreed payment plans since they were put in place. What worries me is that I also have another Egg card so what's to stop them selling that debt too? Do you know if this Apex can charge interest? I had it frozen on my Egg card.

[fairbyblue]

click on the blue link SAR and it takes you to the template.

[booklover]

If you can find the thread we were talking on a day or two ago, I think someone posted that they can't charge interest if it has been frozen. Have a look, I'm not 100% certain of what it said exactly.

 

I feel so annoyed as I almost doubled my payment to Egg....they have been having £45 per month from me. They have been so good in the past and I feel that I have been let down, as I kept to the agreement.

 

I do also see their side......I let them down in the first place, but I'm doing my best to pay them back asap.

[fairbyblue]

not had anything from Egg saying flogging debt, except for the letters today. I never missed payment as it was Direct debit. And egg were one of the better ones when it all went pearshaped finacially.

 

Apex will have to abide the law and lets see what happens.

[booklover]

me here, Fairyblue. Egg were good with me, and I paid by Standing Order so that I knew payment would be on time.

 

Do you think I should write to Egg first with a copy of my May letter and ask my debt has been sold?

 

I really want to do this properly.

[booklover]

That thread should have started, 'same here', not 'me here'.....lol......sorry!!

[CELBIN]

Not sure about you guys but I logged onto Egg early and BOTH my accounts were still appearing, when I queried this on the phone I was told that my 'sold' account would disappear shortly! I feel v.aggrieved by all this as although my original agreement was broken the subsequent payment plan hasn't been broken in the 2.5 years I have had it! It is causing me undue stress as like I said before I have already had 2 missed calls from Apex today and I only got the text message on Monday and their letter today!

[fairbyblue]

me here, Fairyblue. Egg were good with me, and I paid by Standing Order so that I knew payment would be on time.

 

Do you think I should write to Egg first with a copy of my May letter and ask my debt has been sold?

 

I really want to do this properly.

 

Dunno what that achieve, looks like apex think you owe them money so lets hope they have the right paper work to prove it.

 

Personally I wont be writing to Egg, I will be saving my stamps for apex.

 

Why do you think they sold it?

[booklover]

Have no idea why they've sold. I've always paid on time. Would my first step be to send the CCA letter to Apex then? That needs a £1 fee doesn't it? I've not done this before.

[fairbyblue]

Have no idea why they've sold. I've always paid on time. Would my first step be to send the CCA letter to Apex then? That needs a £1 fee doesn't it? I've not done this before.

yep, postal order and sign nothing.

[dazz104]

Hi read all your comments and replys.

Guess what?

 

i received the same 2 letters today in the same envelope.

 

I have been on a credit management plan for 12 months with Egg

paying an agreed amount of £3.00 per month as i also have a lot of debt with other credit card companies.

 

Dont no anything about this Apex but they asking me to get in touch with them to make some payment arrangements.

 

I can do this online or telephone.

 

Have Egg got the legal right to sell the debt?

 

and should i co operate with Apex.

 

I have already got the requested CCA from Egg and it looks like an enforceable agreement to me. daz.

[booklover]

Ok guys, I've just phoned the National Debt Helpline as I wanted immediate answers on what to do about this.

 

Firstly, yes, Egg can sell the debt on if you have an informal arrangement with them to make reduced payments. They can do this at any time.

 

I'm told that if I am in doubt about receiving the 2 letters in the same envelope, I should write to Egg to confirm this and also write to Apex to tell them I am corresponding with Egg and will be in touch once I am satisfied that the account has now been passed to them.

 

On receiving confirmation from Egg to say that the account is now with Apex, I should send my financial details (incomings/outgoings) to them with a pro rata offer of payment.

 

I do not have to tell them who my Employer is, nor do I have to provide payslips, bank statements etc if they request them.

 

If they do not accept my offer of payment and want to take me to court, this would be a paper exercise and the judge would simply look at the financial info I have given Apex and if the amount I have offered is fair that would be that.

 

Apex cannot harrass me with phone calls. If they ring, tell them that written correspondnce only will be acceptance. If the calls persist complain to them in writing and if they still continue to call the next step would be to complain to The Financial Ombudsman.

 

Also the CCA letter is to prove the debt exists. I KNOW my debt exists so I won't be bothering with that. What I want is proof that its Apex that I have to pay.

 

Hope this helps/puts minds at rest.

[dazz104]

Well done booklover thats put my mind ar rest for a bit anyway. Just for the record if anyone needs guidance on completing a incomings and outgoings exercise go to the Consumer credit Counciliing Service web site. There is a ready reckoner on there to work out a pro rata payment to each debtor.

daz.

Edited November 11, 2009 by dazz104

[CELBIN]

Hi Booklover - thanks! I'm not going to write to Egg as I spoke to them earlier and am sure that they have sold my debt. Think I'm going to still request a copy of my CCA before sending my financial details (incomings/outgoings) to them with a pro rata offer of payment and am also going to ask them not to harrass me with phone calls (two today already!) I shall tell them that written correspondnce only will be accepted.

It's funny what they try and tell you that you have to do as when I spoke to Apex they said that I would HAVE to provide payslips and bank statements to support my suggested monthly payment - total lies obviously!

Once again thank you!

[fairbyblue]

Booklover, trust me its not as simple as that if you do go to court as you end up CCJ, charging orders and the like, you do not want to go trust me !!! (although i did have a good result)

 

Fight the bottom feeders all the way, they will want more and more, much more that you can afford.

 

CCA them, get the notice of assignemnt, the lot, keep envelopes, everything in writing only.

 

Have a read of this on how underhand they are.

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

[Melbel]

I have had exactly yhe same. i am sending them a cca request. I will keep you all updated on my thread and i will keep an eye for updates on this one.

[andydd]

Me too..

 

A quick online search shows that Egg have suddenly (yesterday) sold on many many debts to Apex, many of the people already had agreements to pay a certain amount and they hadn't broken them (same as me) but egg have decided to sell these debts anyway. I wonder whats going on ?

 

Andy

[fairbyblue]

Contacted Egg and went through security, first thing he said was how much am i paying today. i said hold on a minute i have letter from apex saying they 'own the debt' he then refused to discuss my account and why egg sold it when it was up to date !!! he stonewalled me so after me calling him a commission- based telephone monkey, i hung up.