Apex Credit have bought card debt from EGG

[Melbel]

Not at all, welshmam - i'm glad to get as much info as possible in my thread

[Melbel]

Spoke too soon - had a couple more calls and another letter dated 9/3/10

 

we regret that you have not chosen to contact apex blah blah..

serious arrears, contact us within 10 days etc etc...

call now.... blah!

 

RIGHT! ill be sending them a copy of the last letter i sent, another in dispute letter and the telephone harrassment letter all clipped together..

All recorded delivery...

 

they have obvioulsy chosen to ignore my last letters.

[andydd]

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!!

 

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

 

How did I stop them ringing ?... Easy..but not sure I should post my little secret on here......

 

Andy

[andydd]

Anyone contemplated putting in a full and final settlement offer before the outcome of PT's case is known ?

 

I'm tempted to offer a low figure, less than 10%. After all surely thats prob what they paid Egg.

 

Andy

[Melbel]

Tell us your little secret, andy.. theyre getting on my nerves now. had another call 10am today. I sent that telephone harrassment letter yesterday recorded so they should have it today.

 

As for settlement figures - i hadnt really thought about it - its something i will look at if things dont go to plan with validity of the agreement.

[WelshMam2009]

Anyone contemplated putting in a full and final settlement offer before the outcome of PT's case is known ?

 

I'm tempted to offer a low figure, less than 10%. After all surely thats prob what they paid Egg.

 

Andy

 

Personally, no Andy, although I agree Apex may be happy to get their money back. What I can't fathom out is why OC's don't just offer a similarly low F&F before selling the debts on. I think Egg, in particular, stink as arrangements to pay were in force on all of these cards and no prior warning was given. It may not be illegal but it's certainly unethical!!

 

To Mel...they appear to have stopped ringing me now...it just seems to take them longer than most to react to the harrassment letter. I imagine that they are deluged with correspondence, the likes of which has never before been seen at Apex!!

[andydd]

Personally, no Andy, although I agree Apex may be happy to get their money back. What I can't fathom out is why OC's don't just offer a similarly low F&F before selling the debts on. I think Egg, in particular, stink as arrangements to pay were in force on all of these cards and no prior warning was given. It may not be illegal but it's certainly unethical!!

 

To Mel...they appear to have stopped ringing me now...it just seems to take them longer than most to react to the harrassment letter. I imagine that they are deluged with correspondence, the likes of which has never before been seen at Apex!!

 

I totally agree, why didnt they just write and offer or maybe just hint that they would accept F & F's. I spose Egg would say that it was handy for them to offload all their 'bad' debts (yep..thats you and me!) onto 1 DCA.

 

Actually..maybe the 10% is a bit generous, I was thinking of that figure as thats what the DCA's generally pay the companies and I was thinking that maybe the outcome of PT's case might not be the one we want. Maybe I should write and offer 1%..they would keep them in bikkies n tea for a week or so.

 

Andy

[zhanzhibar]

Subbing as just received from Apex a "we have now decided to assess your account for suitability to be passed to our "Doorstep" collection agent who may visit your home to discuss repaymentof your debt" letter

 

Have been ignoring them till now & as I live in Coventry & they are just a few miles away, don't fancy the thought of somebody knocking on my door really...

[WelshMam2009]

Subbing as just received from Apex a "we have now decided to assess your account for suitability to be passed to our "Doorstep" collection agent who may visit your home to discuss repaymentof your debt" letter

 

Have been ignoring them till now & as I live in Coventry & they are just a few miles away, don't fancy the thought of somebody knocking on my door really...

 

I used to think the same about Link as they weren't a million miles away from me. It's up to you Zhanzhibar but I personally sent them the standard letter telling them not to visit or call.

 

If you think about it logically, it costs them money to send someone out and, in reality, I imagine their success rate with Caggers in particular, is not very promising!!

[andydd]

Subbing as just received from Apex a "we have now decided to assess your account for suitability to be passed to our "Doorstep" collection agent who may visit your home to discuss repaymentof your debt" letter

 

Have been ignoring them till now & as I live in Coventry & they are just a few miles away, don't fancy the thought of somebody knocking on my door really...

 

They dont always call themselves anyway, sometimes if they are not based near they employ other minions to do the calling, anyway the end result is the same, they have zero powers, its upto wether you tell them to bog off, shut the door in their face, or politely listen to what they have to say....just make sure they know that you are well aware of the law, many DCA's like to pretend they have bailiff like powers but hey..we are smart CAGgers and can see through their lies

 

Andy

[Melbel]

UPDATE

 

Hello All

 

Okay. They have replied. They are have no record of them sending letters out within days of each other etc etc... can i send a copy. Ironically, the day i after i received that, i got another demand the following day so thats twice now..

 

Also they are arguing the toss with the enforcability of the agreement. i am uploading now. Could someone have a look for me please and advise the route now.

 

thanks

ONE.doc

TWO.doc

[WelshMam2009]

UPDATE

 

Hello All

 

Okay. They have replied. They are have no record of them sending letters out within days of each other etc etc... can i send a copy. Ironically, the day i after i received that, i got another demand the following day so thats twice now..

 

Also they are arguing the toss with the enforcability of the agreement. i am uploading now. Could someone have a look for me please and advise the route now.

 

thanks

 

Hi Mel...the first letter you can just ignore.

 

The second letter...well, let's just say that she is talking out of her posterior end!! I'm still not sure what she's trying to say exactly.

 

Yes, your agreement would have been regulated at the time by CCA74 and associated legislation. However, it has been superseded by 2006 although some of the changes cannot be enforced retrospectively and are specified as such.

 

Nonetheless, CCA74, section 78 states:

 

78.—(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 15 new pence, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the

debtor to the creditor

 

Am I right in assuming that she is trying to say that because of this clause, (which, I hasten to add, only relates to a consumer requesting a copy of their agreement and not to the format or content) they don't have to have the prescribed term "credit limit" in the original agreement as it would have been nil at the time of opening?

 

I am so astonished by the ignorance of this reply!!!

[Melbel]

Yes welshmam - thats how i read it too.. there were other flaws too such as no cancellation terms on the agreement etc but i never specified anything, i kept it vague. She has assumed its just the credit limit i am querying.

[Melbel]

BUMP

 

Hiya all.. can anyone advise what i could reply to apex or shall i just keep quiet. I dont know how enforceable my agreement is

 

thanks

[andydd]

BUMP

 

Hiya all.. can anyone advise what i could reply to apex or shall i just keep quiet. I dont know how enforceable my agreement is

 

thanks

 

Is it an Egg one ?

[Melbel]

yep andy. i scanned it and uploaded it on here - its somewhere in this thread

[Melbel]

Had a letter dated 25 March from Apex...

 

we regret you have not cchosen to contact us despite previous attempts to contact you, we would like to assist you in making a satisfactory arrangement to settle this acount without legal action.

 

Due to the serious arrears on your account failure to pay or make contact within 10 days of this letter will result in your account being passed to pre-litigation assessment. We wil conider legal enforcement of the debt against your property..

 

Please contact us immediately blah blah....

 

 

Ok, so i'm not sure where to go from here.. shall i ignore them, send them another 'in dispute letter' or write to them listing the flaws on the agreement? Are they allowed to threaten my property (even though they cant do anything as its rented) ??

 

Any advice appreciated

[Melbel]

Ive typed up a letter to send today.

 

Stating i have not ignored them, i have responded many times to their threats.

Reminding them that ive twice told them the account is in dispute for various reasons.

Reminding them that they are constantly harrassing me by post for this debt when they do not have the correct documents.

Advising them they cannot enforce debt against my property as its rented and again becos they dont have the docs.

Finished with telling them i would be happy to attend court should they wish to proceed and can they send me the relevent court details.

 

after this i will ignore them unless i get something other than crappy threats or demands

[Melbel]

another letter dtaed 5/4/10

 

we have endeavoured to contact you a number of times,you have ignored us blah blah we are placing this with litigation.

 

It then goes on to threaten an order of court, bailiffs, warant of execution, walking possession order etc etc...

 

the good news is i still have time to avoid this process if i call the office now!!

 

 

has anyone had this letter from apex yet and can they do anything of what theyve threatened? I'm thinking no but was wondering what others who are in this position are doing ??

[angry cat]

Quote by OFT:

"No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot or will not be entitled to enforce."

 

The OFT then went further, insisting that communications with the debtor should in fact make it clear that the debt is unenforceable."

[Melbel]

thats interesting, angry cat..

 

i have stated in at least two letters that it is unenforcable although ive not given my reasons. They are assuming its just the ''approved limit'' wording which it is but there are also other flaws..

[andydd]

another letter dtaed 5/4/10

 

we have endeavoured to contact you a number of times,you have ignored us blah blah we are placing this with litigation.

 

It then goes on to threaten an order of court, bailiffs, warant of execution, walking possession order etc etc...

 

the good news is i still have time to avoid this process if i call the office now!!

 

 

has anyone had this letter from apex yet and can they do anything of what theyve threatened? I'm thinking no but was wondering what others who are in this position are doing ??

 

Blah blah...if you look in some other threads you'll see that I and others have had all these threatening letters then suddenly they real;ise theyve peaked and that the endless threats of court action are all bluff,lower the tone a bit and start waffling on about how someone may visit, Ive ignored that and lo and behold what a suprise..nothing..not even a friendly visit from Mr Apex.

Edited April 15, 2010 by andydd

[Melbel]

okey dokey, thanks andy, i shall follow suite and ignore them then..

[WelshMam2009]

okey dokey, thanks andy, i shall follow suite and ignore them then..

 

Yeah, just ignore them Mel like Andy says.

 

Perhaps we should start a thread with all the standard Apex letters so that those of us who are not as far ahead in the bullying process will know what to expect next!!

[Hangus]

Hi Mel,

 

I received yet another copy of the "we regret you have chosen not to contact us" letter again today.

 

When I complained about the CCA they sent me, they put the account on hold. Then they sent a second copy of the CCA telling me that as far as they were concerned, it is enforceable and they would begin collection activities again.

 

I guess that this must just be the standard letter that they send out every time they recommence collection activity and you refuse to answer the phone!

 

Hangus.