Egg debt has been sold to Apex finance please help

[rowly_c]

Hi,

 

this is a long story so i appoligise in advance.

 

Approx 8 years ago i had a large number of debts with different debtors, and started a DMP with CCCS, CCCS calculated the money i could afford to repay my debt and this was equally distributed to the debtors, at this point CCCS informed me that the interest had been frozen and i was paying a fixed sum to them for approx 4 years and received a monthly statements showing me balnce decreasing each month, after this 4 years had passed my balance was less than £20,000 and i remortgaged my house to to raise the £20,000 but when i phoned the debtors many of them had not frozen the interest and i then owed more than the original balance shown on my CCCS statements.

 

I managed to negoiate with some of them to accept a payment in full and final payment, excuse me if this isn't the correct term, and was left with an egg loan, an egg credit card and a natwest credit card.

 

I have been paying these direct to the companies and have not used CCCS, i was not happy with them as you can imagine.

 

Natwest have been fine, i sent them a break down of my expenditure etc, agreed a fixed fee and have been paying that for approx 3 years, i have not been chased and recieve a statement each month showing my payment and my balance decreasing.

 

egg on the other hand have not been so good to deal with, they did agree to freeze the interest when I contacted them direct but told me that they could not remove the interest charge over the previous 4 years or so, then about 12 months they sold my debt to a debt collection agency, when i phoned them to ask why they told me i had not sent an update of my expenditure so they had sold the debt, they agreed to take it back and honer the agreement if I increased my monthly payment, so i agreed to pay an additional £10 per month.

 

This week i have received a letter from apex credit management which reads as follows.

 

Dear

 

Egg banking plc

Account number: --------

Balance:£3,945.05

 

With reference to your above mentioned account with Egg, please accept this letter as official notification that Apex Credit Management Ltd has purchased your account and all rights, interest and claims in respect of all amounts outstanding on this account as of 9th September 2009 have been assigned to Apex Collections Limited.

 

Your account became active with Apex Credit Management ltd on 6 November 2009 and therefore all future discussions regarding the repayment of this debt must be directly with Apex Credit Management Ltd.

 

Apex Credit Management Ltd is now the data controller of your personal data contained within the records of this account. Your personal data will be used for the purposes of collecting the outstanding balance from you and may also be combined with other data which may be obtained from third parties where we need to verify or supplement such data.

 

We are aware that you already have an existing arrangement with Egg, it is therefore imperative that you contact one of our telephone negotiators, on 0871 224 2812 to update your details in order for us to set up a new arrangement with ourselves. Alternatively you may administer your account online at https://myapexcm.co.uk/ using your Apex reference number.

 

Thank you in anticipation of your assistance.

 

Yours Sincerely,

 

Rob Franklin

Collections Manager.

 

I am really dispondent now, i hate the whole having to justify my expenditure and just want it all to go away, I was paying every month without fail but that was not good enough. :o(

 

Can anyone please help? I have read that the debt may unforcable because it was taken out before a certain date, I really dont have a clue what to do and although I have seen some templates on here i'm not sure which ones are applicable to my situation.

 

any help would be greatly appriecated.

 

thank you in advance.

[jet83]

Hi rowly.

 

I believe i'm right in advising you to send apex the cca request in the link below.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Don't sign it just print your name, send it by recorded delivery along with £1.00 postal order, they then have 12+2 days to respond.

[rowly_c]

Thank you Jet83, does anyone know where I stand with the interest that was accruing when I was told by CCCS that it had been frozen??

 

I have found out today that my Egg loan balance is £7,634.76 so want to send them the same letter?

 

Also the Natwest CC balance is £3,200.

 

Therefore when I thought £20k would clear it all accoring to CCCS I still have £14k of debt. :o(

[jet83]

Hi rowly

 

I've personally never had any dealings with the cccs so i can't say where you stand with the interest, although you might not have to pay anything depending what they come up with in there reply to your cca requests but lets not get ahead of ourselves yet.

 

When you've had the responses from both egg and natwest scan them, remove all personal details and post it on here, or on a new thread for nat west as otherwise it can get confusing. Then one of the site team will check it over and assisst you further.

 

Good luck and keep your chin up as i'm sure you'll get something sorted one way or the other with the help from the great people on this site:)

[dx100uk]

well on all three you need to reclaim the charges back & p'haps mis-sold PPI?

 

eGG are a hard one to crack......they treat their customers very badly.

 

it would assist you if you actually went over to the Egg forum and posted there & read a few of the threads too, you are not aLONE.

 

oh and if you do get the urge....don't phone these leechers.

NEVER use the phone to talk to DCA's about these supposed debts, everything in writing.

 

now, there is one brighter note, i suspect Egg will not have a CCA

so, you might well be able to offer a VERY VERY low F&F to Apex to close the matter once and for all.

 

just remember they are a DCA, they have NO LEGAL POWERS

so dont be frightened of them and or their threat-o-grams.

 

dx

[rowly_c]

Thanks for your replies however reading more on this site has got me confused.

 

The is a thread that says not to send off for a CCA via the section 78 route but to do it to the Civil Procedure Rules ( Pre action protocols and Part 31.16)

 

but as I am not sending it to Egg I dont know what to write.

 

I had found a section 78 letter that included the following

"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."

 

do I need to include something like this in the letter below which is the Civil Procedure Rules ( Pre action protocols and Part 31.16) letter.

 

Any help would be greatly apprieciated, i am completely lost.

 

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

 

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

 

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

 

Regards

 

 

 

xxxxxxxxxxx

[dx100uk]

i would use the std cca request

 

dx

[WelshMam2009]

Ok, there are a lot of new threads about Egg/Apex and think you should take a look at this thread...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413

 

Apex may use this number, or similar variants to call...

 

01789 775899

Edited November 13, 2009 by WelshMam2009

[rowly_c]

i would use the std cca request

 

dx

 

Sorry to be dumb but can somebody please tell me what the standard cca request is?

 

[jet83]

Hi rowly

 

Use the letter i gave you in the link and follow the instructions to ammend to suit

[dx100uk]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

dx