Is this from Apex enforceable?

[flubber02]

Update: I sent a letter requesting they didn't contact me by phone especially when I am at work, but they have just called me. They should have had the letter from me by Thursday last week. I will send another one tonight to complain about this and send it recorded.

[WelshMam2009]

Update: I sent a letter requesting they didn't contact me by phone especially when I am at work, but they have just called me. They should have had the letter from me by Thursday last week. I will send another one tonight to complain about this and send it recorded.

 

I think you normally have to allow them a reasonable time such as 7 days to update their records to be honest Flubber. I imagine Apex are overloaded with correspondence at the moment. It took them about 7 to 10 days to stop calling me so I wouldn't waste your time or money just yet!!

 

EDIT...FORGET THAT!! THE BARSTEWARDS JUST CALLED AGAIN!!!

[cerberusalert]

[flubber02]

hi cerberusalert,

 

i see you like baiting DCA's . what do you suggest my next step should be?

 

flubber

[cerberusalert]

Buy one of those little beauties in post #28 & give it a hard blast the next time you get an annoying 'phone call. By the time they get their hearing back the penny will have dropped.

[flubber02]

Lol. While they continue to phone my mobile when I'm at work they just keep on getting rejected... ooops lol.

 

You think they'd have learnt from the one time I spoke to them and I refused to go through the stupid security questions. She couldn't explain why she needed my name when she'd already asked if she was speaking to Mr.......... I chuckled later after she hung up

[cerberusalert]

If they had dynamite for brains there wouldn't be enough to part their hair if it exploded.

[andydd]

Does anyone have any suggestions what to do next as Apex have now started hassling again? Do I just sit tight, offer them a low F&F settlement or call them and restart the payment plan I had with Egg?

 

This whole business is confusing the hell out of me

 

Thanks

 

There is no obvious answer, have you CCA'd them, no doubt it will be a questionable agreement.

 

I've just sat tight and ignored their letters, I'm certainly not going to start another payment agreement, i may offer a very low..like 1% F & F and see what response that gets.

 

Andy

[WelshMam2009]

Regarding F&F's, I'm sure I read on another thread that they won't accept less than 80%....but that may have been Egg directly...

[cheerup]

Please don't use a whistle or anything like that. It's one thing to be nasty on the phone or just hang up but to risk damaging a person's hearing is sick, call centre workers get all sorts of warnings about noise levels and hearing.

 

Would you punch a doorstep recovery person in the face? Didn't think so.

[WelshMam2009]

It's one thing to be nasty on the phone or just hang up but to risk damaging a person's hearing is sick,

 

What is sick is the continual harrassment by these companies, especially when no enforceable CCA exists and also they have been told not to call yet continue to do so.

 

Many have been brought to the brink of suicide by such actions and regrettably some have taken their own lives.

 

I am classed as a vulnerable person, due to my disability, and yet Apex continue to call....now that is sick!!

[cheerup]

Well don't take it out on the low down employee on the phone then, your beef is with the company.

[WelshMam2009]

Well don't take it out on the low down employee on the phone then, your beef is with the company.

 

Well, to be honest, I see this as more of an health and safety issue for the company to deal with, as I am sure that it is fairly forseeable that their employees will be subject to abuse, in many different guises.

 

As part of any risk assessment, it should be standard practice to assess what can be done to minimise risk to employees. Acting promptly to cease calls upon receipt of such notifications should be top of the list, especially as it has no or minimal implementation costs.

 

If I had the unfortunate job of working for such a low life company (and I appreciate that some may have little choice in the matter) I would want to know that my employer was taking all reasonable precautions to ensure a safe system of work.

 

Therefore, I see the low down employees beef being with their company and not the poor unfortunate person they have called to harrass.

[flubber02]

Right, 2 letters from Apex today. First one saying I haven't contacted them for 10 days so they are giving me 10 days then maybe passing for pre-litigation assessment. Second is a copy of earlier letter denying they have altered any of the CCA.

 

I have been thinking and I have never had anything from Egg saying they have passed this debt on. What next? A SAR request letter?

[WelshMam2009]

Right, 2 letters from Apex today. First one saying I haven't contacted them for 10 days so they are giving me 10 days then maybe passing for pre-litigation assessment. Second is a copy of earlier letter denying they have altered any of the CCA.

 

I have been thinking and I have never had anything from Egg saying they have passed this debt on. What next? A SAR request letter?

 

Both myself and Andydd received the pre-litigation letter and then, on the same day, after the 10 days was up, just received another letter stating that they might send one of their doorstep people around. As Andy said in the thread link below, what happened to all the court action??

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/231975-apex-credit-have-bought-3.html#post2817409

 

I personally felt that a lot of Caggers jumped in far too early with the CCA requests as you can normally ignore DCA's for a significant period. As you have suggested Flubber, you are well within your rights to ask them to prove that the debt has been assigned to them and I do feel that Apex should be challenged on this point as they obviously produced the assignment notices that were supposedly from Egg.

 

As I've said before, I think it would be foolish of Apex to commence any litigation on the earlier agreements whilst PT's case is pending.

 

PS...Regarding the CCA, it really depends what they and you are referring to. The one with your signature on will probably be genuine. What you are querying, I believe, is what is supposed to be the current terms and conditions, with Citi's address on. This has been formatted to look like an enforceable agreement with all of the prescribed terms.

Edited March 18, 2010 by WelshMam2009

[andydd]

Both myself and Andydd received the pre-litigation letter and then, on the same day, after the 10 days was up, just received another letter stating that they might send one of their doorstep people around. As Andy said in the thread link below, what happened to all the court action??

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/231975-apex-credit-have-bought-3.html#post2817409

 

I personally felt that a lot of Caggers jumped in far too early with the CCA requests as you can normally ignore DCA's for a significant period. As you have suggested Flubber, you are well within your rights to ask them to prove that the debt has been assigned to them and I do feel that Apex should be challenged on this point as they obviously produced the assignment notices that were supposedly from Egg.

 

As I've said before, I think it would be foolish of Apex to commence any litigation on the earlier agreements whilst PT's case is pending.

 

PS...Regarding the CCA, it really depends what they and you are referring to. The one with your signature on will probably be genuine. What you are querying, I believe, is what is supposed to be the current terms and conditions, with Citi's address on. This has been formatted to look like an enforceable agreement with all of the prescribed terms.

 

I personally think that ignoring them is the best policy, my only doubt now is that perhaps I should get in early with a very low F&F offer in case PT loses his case and then no doubt Apex and others will be more confident in starting legal action.

 

I feel they peaked a bit early with all their legal threats, I was wondering where they would go after there 10 days warning and as I and welshmam have found out they've made themselves look rather dumb by retreating and going back to a pathetic 'we may turn up on your doorstep' letter,..oohh..I'm trembling.

 

Andy

[WelshMam2009]

I personally think that ignoring them is the best policy, my only doubt now is that perhaps I should get in early with a very low F&F offer in case PT loses his case and then no doubt Apex and others will be more confident in starting legal action.

 

I feel they peaked a bit early with all their legal threats, I was wondering where they would go after there 10 days warning and as I and welshmam have found out they've made themselves look rather dumb by retreating and going back to a pathetic 'we may turn up on your doorstep' letter,..oohh..I'm trembling.

 

Andy

 

Have a read of letter 2 on Melbel's thread Andy...unbelievable response from Apex...worry no more if this is the only argument they are able to put forward regarding enforceability!!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/231975-apex-credit-have-bought-3.html#post2834986

[flubber02]

I sent a SAR request the other day. They received it on Tuesday.

 

I've just received a letter from Apex (dated Tuesday) that threatens legal action and bailiffs! (attached).

 

Should I ignore them or write to them (again)? They state in the letter that I have had no contact. Letter after letter to them isn't no contact!

 

Help please

legal action.pdf

[flubber02]

Blimey they've responded already... expecting this do you think? lol

 

They've sent me everything they have already sent me. No statements etc yet. One or two bits they've missed in the past but nothing exciting.

 

Do I get in touch with them now?

[WelshMam2009]

I've just received a letter from Apex (dated Tuesday) that threatens legal action and bailiffs! (attached).

 

Should I ignore them or write to them (again)? They state in the letter that I have had no contact. Letter after letter to them isn't no contact!

 

Help please

 

Just ignore them Flubber...I received the same letter at the beginning of February. The next will probably be a red headed Debtors notice followed by a letter saying that they are going to pass the account to solicitors if you don't contact them within 10 days.

 

Just when you think that they're going to "bring it on" so to speak, you'll just get another letter saying that the account is going to be passed to their doorstep collectors.

 

As I've said before, Apex will be awaiting the outcome of PT's court case just the same as us. Thus, I think it highly improbable that they will instigate court action on older agreements just yet.

 

It's just a question of holding your nerve.

 

I also believe that Apex think that we are like lambs to the slaughter as most, if not all of the debtors, had monthly arrangements to pay in force with Egg. They may also have paid a premium for this...eg 12% instead of 10% lol

 

Andy does have a point insofar as now may well be the time to negotiate a low F&F, assuming that you have the funds, as there is always the possibility that PT's case may not succeed. However, if he does win, then you may well have settled on an uneforceable agreement.

 

In my case, I don't have 2 brass farthings so a F&F is out of the question!!

[flubber02]

Piles of statements received today! Everything seems in order from what I recollect.

 

I suppose now Apex will get back to hassling me!

 

I am beginning to think that I should write to Apex and offer to keep the small payments I was making to Egg going or even offer a low F&F settlement!

 

Or should I just ignore them? What can they do next? I am out of options to slow the process down lol

[Melbel]

Ive had exactly the same as you and was beginning to worry. I wrote to them loads too and they totally ignore it.. ive doing what the others inhere are doing and ignoring it for now

[flubber02]

I am now getting regular letters from Apex threatening legal action and the big bad bailiffs! Do I just carry on ignoring these with no contact?

 

They do their best to intimidate people although, for now, they have stopped calling me.

[Helios]

flubber did you take this out in 1999? if so egg agreements back then had "personal limit" and "approved limit"

 

all recent egg agreements have "credit limit" stated

 

and to confirm egg was owned by prudential back then before citigroup

[flubber02]

Hi Helios,

 

It was taken out in 1999 from memory