Apex, Egg and dodgy CCA

[flubber02]

I posted thread with my CCA http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/245000-apex-enforceable.html

 

I was told it might be a little dodgy! Does anyone have any suggestions what I should say in a letter to Apex?

 

I would appreciate any help so I can get this right.

 

Thanks in advance

[debt4get]

thank you for your letter dated xx/xx/xx, I must draw your attention to the following that must be contained within the consumer credit agreement 1974

 

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

 

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement, a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

 

 

Since the document you have supplied is only a set of terms and conditions, I cannot believe for one moment that both my signature and the signature of company emloyee would be contained on the opposite side of the form. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within this document.

 

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regulations under s60 CCA1974

 

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading.

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.

I respectfully request a reply within 14 days of the date of this letter.

Yours faithfully

[debt4get]

hope thats of some help

[flubber02]

Thank you very much. I'll try this and keep you posted.

[flubber02]

This letter is good, but my CCA is signed by Egg under my name and therefore on the same piece of paper. Any other suggestions please?

[hackedoff007]

If like mine, your signature is on one page, and limit, address etc is on other page, the fact that its signed by egg i assume is after the fact?

 

As far as i can see, the 2 docs have no relevance (unless they have the original document!!!) Which is what most do not.

 

But i stand to be corrected if so?

[flubber02]

I sent a letter like tha one above to Apex and they have replied refuting all the points. What should I do next?

Thanks:confused:

[debt4get]

the only way i have found to deal with them when they refute is to call their bluff, either ignore them, or tell them to put the agreement in front of a judge...99 times out of 100 they wont...it depends how strong a case you believe you have..if you believe you are in the right then stick to your guns...i have and so far havent been near a court room..sure i get the threatograms...we may...it may affect...etc etc...

[hackedoff007]

Have you contacted the Financial ombudsman with your concerns? I have done this and they are very interested in hearing about it, i have enclosed numerous CCA's from here (minus details) including mine. I feel concerned that Egg or Apex can knock up so many variants of CCA's in same era's......I suggest maybe you try that or ignore them as i'm now doing...Awaiting the report/investigation.