Egg and Apex

[BlurredFX]

3-1.jpg definately looks dodgy to me, it seems that the text "Credit Agreement regulated..." is running slightly up hill - but that scan really is not very good, so I can't comment much more.

 

Accusing a company of fabricating the agreement is not likely to impress a Judge IMO. They (The OS) will just say it is what it is, and the scanner was old or that was standard for the period when it occurred.

 

10-1.jpg Has your new address on it hey? Well that makes a difference to me - I don't imagine even you know where you would be living now at that time!! Fortune tellers or fabricators of evidence? It must be one or the other!

 

IMO a dodgy scan is one thing, and they could fluff their way round it, but putting your current address on an agreement signed before you lived at your current address certainly raises a few questions about their conduct.

 

I don't know much about enforcability, but I have ended up in front of a DJ one more than one occasion.

 

Obviously get other opinions, but if I was to present that to a DJ, I would point out the address as your main evidence of their misbehaviour, and the dodgy looking scan as a secondary argument, to put a bit more doubt in the DJs mind about the integrity of them.

 

In terms of what is enforceable etc, have you looked at:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

That looks very useful

[BlurredFX]

Not sure if this helps or not:

 

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

[BlurredFX]

Also would they need to send either a default or termination notice? I was on reduced payments for some time before hearing from Apex

 

Deed of Assignment is what you are referring to, I THINK. But they cannot take you to Court until they have issued a Default Notice (which would be recorded on your credit file).

 

Even if they have sent a DN, it might not be valid. Have you had a Default?

[BlurredFX]

I am not sure about what is required and from whom when a company sells a debt, maybe someone else can help in that regard.

 

it could be a case of wait and see what happens.

 

What do YOU want to achieve? Having read the two threads I posted above, are the agreement enforceable (even if they are fake)?

 

Also would they need to send either a default or termination notice? I was on reduced payments for some time before hearing from Apex

Which is why they have not defaulted you.

 

Do you have any grounds for putting the debt in dispute? If you do this, it gives you an advantage. e.g. they cannot default you while the account is in dispute i think...

[BlurredFX]

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what-88.html#post2844082

 

Have a loook at the posts before and after this comment - it seems there might be something afoot with PT.

 

As to what i'm hoping to achieve, I was quite happy with the reduced payment arrangement, which i had kept to.

 

Have you completed an income and expenses sheet, and sent it to them.

 

If I can demonstrate the agreement is not enforceable, this will put me in a stronger postion with Apex, assuming it has properly been assigned to them as no doubt they will try to significantly up the payments

 

If it unenforceable, then you can say tara to the lot!!

[BlurredFX]

Do click the link - it takes you to a specific point in the thread.

[BlurredFX]

No I didn't either, I just gathered that there is some kind of case that PT is dealing with, and he is advising that until he can make more details public, hang fire.

 

Take time to go through the thread about identifying if your CCA is up to much, prescribed terms etc etc. I strongly suspect it will not be. Add to that their apparent ability to tell you where you will be moving... and it will start ading up to a good defence I think.

 

Assure yourself that the CCA is not enforceable, and keep an eye on PTs goings on, and see what happens.

 

I haven't had any default or termination notices yet

No DN is a good defence in it's own right. If they have not informed you of your default, how are you to deal with it???

[BlurredFX]

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

 

Firstly, the word Approved Limit is used, my view which is supported by case law is that the word 3.Limit which is set out in the margin and the word Approved limit is not sufficient to advise you what the credit limit is or how it will be decided. therefore a prescribed term is not correctly stated

 

On that basis, no it isn't enforceable.

 

secondly, the agreements fail to state the rate of interest for cash withdrawals. From what i have seen the agreement only states an APR which is not sufficient for cash purchases as cash purchases includes a 1.25% handling fee which is included in the APR so it cannot be an accurate reflection of the rate of interest. Again a prescribed term is missing

 

So again, no.

 

Finally Egg will try to tell you that the missing information is set out within their terms and conditions, if they do this, then in stern words tell them IT CANNOT BE. The reasons for this is that Regulation 2 (4) Consumer Credit Agreement Regulations 1983 (SI1983/1553) requires that the statutory information set out within Para 3-19 of schedule 1 and 2 SI1983/1553 should be shown as a whole and not interspersed with other information if the agreement is to be properly executed and compliant with section 61 CCA 1974

 

I THINK this applies as well.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024463

 

Read the above link - i think that could be relevant. (It goes to a specific post on the thread)

 

Further, I think that there is a discussion going on on that thread about the T&C's being a separate leaflet, and no mention of them in your agreement!!

 

4-1.jpg mentions conditions 1.2 and 1.6, specifically, and other terms in more general, but I cannot see them on your uploads.

 

Egg - The Consumer Forums might be of use - perhaps maybe this thread should be in there. If you want it moving, hit the REPORT button and flag it to the site team.

 

IMO, and I have only ever looked at a few, and never got as far as litigation in this type of matter, it is unenforceable.

 

They have breached their requirements under the CCA, though I am unsure what the rules are about using "mocked up" CCA's now - I am genuinely unsure if that has implications here - credit cards/bank charges - not sure how far reaching the ruling was.

 

But I think that the fact they have not send you a proper copy means they are in default.

 

CCA Section 78d stipulates that they must send a DN before they can take action, anyway.

 

And then, if they produce a mocked up copy in Court, just point out the daft address issue to the Judge as evidence of their stupidness.

 

WHat are you thinking? What are your concern? Do you have a plan of action, or are you just getting to grips with this? Do you think it is enforceable?

 

Hopefully someone better informed or experienced than I can take a better look for you.

 

Hope I have helped a bit.

 

Blurred:)

 

PS Don't be afraid to tip my scales if I have helped - they are next to the report button , should you want this thread moving to the Egg forum.

Edited March 30, 2010 by BlurredFX
clarifying a link