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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Apex Credit have bought card debt from EGG


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Melbel,

 

This is the relevant legislation regarding online signatures which came into force on 31 December 2004. Don't believe that there is a need for you to physically sign if you applied online after this date and confimed acceptance.

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

Using your current address is interesting insofar as the address should be the one that was current at the time of your application. However, following the recent Manchester cases and OFT draft guidance, my understanding is that the creditor can recreate this agreement from relevant sources. Hence, providing it has the relevant address listed somewhere then it can just use this and send you another copy with the correct address inserted.

 

Unless someone has any better advice, I would be inclined to write back and tell them that the account remains in dispute as the agreement they sent is clearly not yours, but don't explain why!!

 

PS You need to look to see if the term credit limit is present and also if there are any cancellation terms which are generally the problems with older Egg agreements...if my memory serves me right!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Yours is the same as mine (now with apex too), it would appear to be unenforceable due to no mention of credit limit (this has been discussed many times on this forum).

 

Ive just got another letter from apex this morning, ive ignored them so far so now they are (trying) to be threatening, aaww..bless 'em,it just waffles on about orders of court and bailiffs, its all bollox. They seem to think that they can get 'an order of the court' out of thin air or something.

 

Andy

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Yours is the same as mine (now with apex too), it would appear to be unenforceable due to no mention of credit limit (this has been discussed many times on this forum).

 

Ive just got another letter from apex this morning, ive ignored them so far so now they are (trying) to be threatening, aaww..bless 'em,it just waffles on about orders of court and bailiffs, its all bollox. They seem to think that they can get 'an order of the court' out of thin air or something.

 

Andy

 

Awww...and here was me thinking that I was getting special treatment Andy!! ;)

 

Had same letter myself this morning and have also ignored them to date.

 

I actually have my 2000 agreement and know that it states limits/approved limit. There is also some issue regarding not correctly specifying the rate for cash advances correctly, which I'll need to check on PT's thread and also no cancellation rights being included OR an agreement to sharing data with CRA's...although this is referred to in the enclosed terms.

 

Will probably write to them next week as they are getting on my nerves with the daily phone calls. As the notice of assignment came from Apex and not directly from Egg and going to challenge this as another Cagger has done. I also want to know if Egg has terminated the agreement or if Apex are merely collecting on their behalf. Am sure when I checked out Apex's consumer credit licence they weren't able to run live agreements.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Awww...and here was me thinking that I was getting special treatment Andy!! ;)

 

Had same letter myself this morning and have also ignored them to date.

 

I actually have my 2000 agreement and know that it states limits/approved limit. There is also some issue regarding not correctly specifying the rate for cash advances correctly, which I'll need to check on PT's thread and also no cancellation rights being included OR an agreement to sharing data with CRA's...although this is referred to in the enclosed terms.

 

Will probably write to them next week as they are getting on my nerves with the daily phone calls. As the notice of assignment came from Apex and not directly from Egg and going to challenge this as another Cagger has done. I also want to know if Egg has terminated the agreement or if Apex are merely collecting on their behalf. Am sure when I checked out Apex's consumer credit licence they weren't able to run live agreements.

 

 

 

OOhh..i got them to stop calling ;)

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Hiya andy and welshmam. Thanks for replying.

 

Did you two apply online with egg too?

 

Not had anything else from them as yet - i might just send them the 'in dispute' letter or keep an eye on what others here are doing and do the same

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Hiya andy and welshmam. Thanks for replying.

 

Did you two apply online with egg too?

 

Not had anything else from them as yet - i might just send them the 'in dispute' letter or keep an eye on what others here are doing and do the same

 

No Mel...my agreement is from 2000 and although Egg were one of the first internet/online banks you had to apply for the card on the phone. An agreement was then sent in the post for signing.

 

I haven't bothered replying to Apex at all yet but will have to get around to it sometime!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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  • 3 weeks later...

:mad: They have written back with a statement of account and demanding i contact their office as a matter of urgeny!! this is dated 26 feb

 

I have today recived another letter dated 1 march moaning i havent contacted them etc etc, call now to discuss payment etc etc..

 

The letters are only 3 days apart!!!! Thats really annoyed me!! any ideas on what i could send back and also what do i do about my agreement ??

 

is it enforcable? if not - how do i tell them?

 

thanks in advance

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:mad: They have written back with a statement of account and demanding i contact their office as a matter of urgeny!! this is dated 26 feb

 

I have today recived another letter dated 1 march moaning i havent contacted them etc etc, call now to discuss payment etc etc..

 

The letters are only 3 days apart!!!! Thats really annoyed me!! any ideas on what i could send back and also what do i do about my agreement ??

 

is it enforcable? if not - how do i tell them?

 

thanks in advance

 

Hi Mel, i have exactly the same letters....3 days apart too :-) Makes you feel real special.....I have complained to The ombudsman about them, and sent them something similar to this http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/246638-egg-cca-enforcable.html#post2777891

 

with of course bits added and removed. As of yet had no reply, but keep an eye on this thread too http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/249132-egg-apex-ombudsman.html

 

I am going thru the same process as you....I did not default with EGG after the agreed reduced payments, so unsure why Apex would be assigned debt?

I am seeing this all the way to court if need be!!! Keep us updated 8-)

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Hi Melbel & everyone,

 

I am in exactly the same position as you, having received the same two letters dated 26th Feb & 1st March.

 

The CCA they sent me at the end of January also contained my current address (where I have only lived for the last 6 months) and not the address I lived at when the card was taken out in 2001.

 

Apex have my mobile phone number, but surprisingly I haven't received any calls from them recently, only these letters.

 

I am undecided whether to send off an "in dispute" letter now or just leave it a while and see what they do next.

 

Hangus.

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Hi all

 

Hangus, i had a call this morning too which really peed me off. I have drafted a letter to send them - could somebody have a look and tell me if it is ok. Its as follows...

 

''Thank you for recently supplying me with a copy credit agreement for my Egg card. Unfortunately you have provided me with a copy agreement tha i do not recognise to be mine and which does not comply with s61(1) of the CCA 1974 regulations.

 

- There is no credit Limit

- There are no cancellation terms

- My address is not on the agreement

- There were no Terms & Conditions signed for upon inception.

 

Also, you wrote to me on 26 February 2010 and 1 March 2010, both times demanding payment. This is unacceptable, these letters are THREE days apart and this constitues harrassment.

 

I also do not wish to receive calls from your offices, i demand you remove my number from your database and contact me by post only.

 

This account is in dispute until relevant socumentation can be provided.''

 

I just want to check that was ok and that id got my facts straight regarding my bulletpoints

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ok.. i tweaked that letter a little, added some bits and pieces i have picked up from around CAG and am sending it tonight. I am in two minds though whether to mention where the agreement has flaws..

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ok.. i tweaked that letter a little, added some bits and pieces i have picked up from around CAG and am sending it tonight. I am in two minds though whether to mention where the agreement has flaws..

 

My inclination is not to show your hand Mel until/unless you really have to and to keep the letter vague at first. What I'm trying to do is to stretch the correspondence process out until we know the outcome of PT's case in Cardiff as this should hopefully give us all an idea of where we stand legally with these Egg agreements.

 

One other point that PT mentioned was to check out is whether or not you could only pay by direct debit as this may be considered an unfair term. I know it's in my t&c's but your agreement is much later. This would be another defect to add to your list if and when you disclose the information.

 

Best of luck with this!! ;)

 

PS...they will inevitably come back and tell you that their lawyers say that the agreements are enforceable. What we all have to remember is that Egg (Apex) have a lot riding on this and are highly unlikely to say otherwise!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Hi again Melbel,

 

I spoke too soon about not receiving any phone calls from Apex!

 

Got a call on my mobile at 8:01 this morning from a number 01789 775841. I didn't recognise it so I didn't answer. Then I Googled the number and found out it was them. They have been trying to call me again this afternoon.

 

This has now made my mind up about sending off an "in dispute" letter - I will get that sent off at the weekend.

 

I agree with what WelshMam2009 is saying. I wont state what I think the flaws are, and hopefully this will delay things a bit longer.

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Hangus

 

I had a call this morning at 08.00 hahah, they must have tried me, had no joy and decided to hunt you down :D.. They also tried me at 6pm last night..

 

Well, i sent that letter off, they should have it today - if i get anymore calls i will answer and bo****k them..

 

no doubt i will be back soon with an update...

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Righto welshmam - thanks for the heads up - i didnt point the flaws out in the end, i will wait and see what they come back with.

 

I'll have a look later when i am home and check the direct debit thing too.

 

speak soon

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Hi all.

 

I havnt responded to any of the Egg/Apex letters and they have slowly become more frequent and threatening in tone, building up to the usual big red font, threatening court action and going into some detail about CCJ's and bailiffs, they talk like they had already started (and won) legal action !

 

Anyway I ignored them and the 10 day limit to respond and was curious to see where they would go from there, the answer ?....well..nowhere really..ha..I've just received a very lame letter informing me that my account may be deemed suitable for a 'doorstep' collector to visit..pathetic !. What happened to all the court action ?!

 

So it would seem that Apex are another in a long line of DCA's who are all talk.

 

I very much doubt anyone will turn up here but he'll quickly be told to bog off, I 'spose I could send the 'withdraw permission to visit' letter to them but ignoring them seems to work so far.

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Hi all.

 

I havnt responded to any of the Egg/Apex letters and they have slowly become more frequent and threatening in tone, building up to the usual big red font, threatening court action and going into some detail about CCJ's and bailiffs, they talk like they had already started (and won) legal action !

 

Anyway I ignored them and the 10 day limit to respond and was curious to see where they would go from there, the answer ?....well..nowhere really..ha..I've just received a very lame letter informing me that my account may be deemed suitable for a 'doorstep' collector to visit..pathetic !. What happened to all the court action ?!

 

So it would seem that Apex are another in a long line of DCA's who are all talk.

 

I very much doubt anyone will turn up here but he'll quickly be told to bog off, I 'spose I could send the 'withdraw permission to visit' letter to them but ignoring them seems to work so far.

 

That made me laugh Andy!! Did they also give you the name of your personal representative who would be dealing with your case in the legal section?!! Anyway, if they've got any sense they will await the outcome of PT's case which unfortunately, has been put back until 4th June but will establish a precedent for these agreements.

 

I did eventually respond telling them not to darken my door but only because I have children and don't want them upset. Haven't heard from them since but hey, if they want to waste money litigating when the outcome of PT's case is unknown, then so so be it!! :p

 

PS...how did you get them to stop ringing if you haven't contacted them? Or do you have TrueCall??

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Morning all..

 

The telephone calls stopped on Monday i think it was so it looks like they have my letter.

 

I will let you know if i receive any more correspondence from them - I'm bound to :)

 

Keep you posted.....

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Anyway I ignored them and the 10 day limit to respond and was curious to see where they would go from there, the answer ?....well..nowhere really..ha..I've just received a very lame letter informing me that my account may be deemed suitable for a 'doorstep' collector to visit..pathetic !. What happened to all the court action ?!

 

So it would seem that Apex are another in a long line of DCA's who are all talk.

 

lol Andy...Postie's arrived with the exact same letter for me also!!!! :-D

 

Sorry Mel for hijacking your thread...but think it's useful for Caggers to know what comes next!! ;)

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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