Egg, Apex and confusion!!!

[sh714]

Hi all

 

My husband has a c/c debt for £ 8000 which we agreed to make a nominal payment of £5.00 a month for six months when we ran into financial difficulties. Without any warning we then received a text from Apex credit management who have 'bought' the debt. After a quick google of this company am now quite worried. We asked them for a copy of the origianl credit agreement like someone suggested and didn't expect to hear from them again. However they have now sent the original agreement to uswhich is years old. What do we do now?Is there a template letter of what to do now? I want to dispute this amount and get it reduced if possible. Can they claim this money from us? What about interest? Egg weren't a bad company to deal with but this company frightens me and its a lot of money that we don't have. Another company has said they will deal with it but want 400 pound to do so. I don't want to spend more money if i can do it myself but will it be easy? I don't understand most of the jargon on here and don't know what to do

[silverfox1961]

Hi,

 

Firstly, stay off the phone! (even if you are tempted to ring them)

Do everything in writing.

 

Next, post up the "agreement" they have sent but remove all of your personal details.

 

Did you receive a default notice? If so, post that up too with your details obscured but leave dates on.

 

Did you receive a termination letter? If so, as above

 

It may be that Apex are collecting on behalf of Egg so if you have any letters from them, post them up too.

 

You can post using photobucket (or similar) or you can place a link via the paperclip in the reply box

[sh714]

Hi Silverfox

 

Thanks for replying - I'm trying to post agreement - have attached it I think - has it worked???????

[sh714]

Is this better? In answer to your earlier questions - Egg never sent anything to say they had sold the account - the first thing we knew was when Apex text us. I'm sure we must have defaulted on payments but don't have the letters, sorry. I'm working on trying to enlarge the attachment unless you can enlarge it your end?

Edited March 5, 2010 by sh714

[WelshMam2009]

Ok, do a search for Apex / Egg and you will find that loads of people have had these letters...myself included... as Egg offloaded a stack of credit card agreements last year.

 

Can't read your thumbnails but does it say "approved limit" and when was it taken out?

 

There are several defects with Egg agreements and a court case is due to be heard this month in Cardiff.

 

Check out Melbel's thread first as it's much shorter and she is in a similar position to yourself...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/231975-apex-credit-have-bought.html#post2570954

 

then check out PT's thread here...

 

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

 

Best of luck!!

[WelshMam2009]

Oh...and don't pay £400 to any company to deal with this!! You'll get all advice for free on this fabulous site!!

[sh714]

Thanks Welshmam2009

 

I have looked through those posts and am gaining confidence - I now realise we DID have a trermination letter sent to us but no longer have it. I am considereing sending a SAR to them to get copies of everything they have sent and to buy me some time to get things sorted out- would I send this to EGG or to Apex? If I send it to Egg do I have to send something to Apex to get them off my back. Am I right in thinking that egg have just employed Apex to chase the funds or have they really sold the debt and that I need to correspond with Apex?

 

I am then hoping to send them a letter - with this sites help (of course) to state agreement unenforcable after reading all these bits but I think i need all the letter dates etc Apex are ringing my hubby like crazy but i have told him not to answer them. Thank you for your help so far I REALLY appreciate it

 

P.s the agreement is june 2003 and seems to be the standard issue with Approved limit and interest issues.

[WelshMam2009]

I believe Apex have bought the debts as opposed to collecting on behalf of Egg. However, you are well within your rights to query this with them as the notice of assignments (at least in all of the cases I have encountered so far) appear to have been produced and sent by Apex. You can also ask Apex for details of the terms under which the account is being run and also, if any restrictions have been applied to the account.

 

The reason I think Apex have bought the agreements is that when I recently checked my credit report it stated that my Egg account has been closed and the debt assigned. Oddly the date given for the assignment was last December whereas Apex started writing to me last November and claim the account was assigned then.

 

Compare this with my M&S account, where I have had Collect Direct chasing me...this is still registered under M&S.

 

If I remember rightly, Apex don't have a licence to run a live agreement so the account should have been terminated before hand...as you say they have done in your case.

 

By the way, there is a standard letter in the templates section which you can use to tell them that you only wish to communicate in writing and not to darken your door step. They've been ringing me daily but I just ignore the calls to be honest and have no intention of speaking to them on the phone.

 

I think a SAR to EGG is a good way to go if you've not retained all of your paperwork...I know I used to throw my default notices away in disgust until I found this site!! Just make sure you specify everything that you want, including a Comms log. Again, there should be plenty of templates floating around. I have to dash otherwise I'd try and find a good one for you!!

 

PS Agreement dated 2003 is also good as it was pre 2007 and changes in CCA Act!!

 

Also check the terms and conditions to see if you could only pay by direct debit as this could be classed as an unfair term.

[sh714]

Thank you AGAIN. I now have two letters ready to post - firstly I have sent a SARS request to Egg and also a letter to apex to state stop calling me!!!!! Just another question if I may as I am still trying to get used to the language on here, A notice of assignment ? Is this a notice to say that apex have the right to claim the money and that the debt has been sold onto them etc? I intend to write another letter to apex to ask for this and all the terms etc as you suggest but thought I best understand the terms i intend to use lol !!

 

Thankyou as I now seem to be back in control !!!!

[WelshMam2009]

Thank you AGAIN. I now have two letters ready to post - firstly I have sent a SARS request to Egg and also a letter to apex to state stop calling me!!!!! Just another question if I may as I am still trying to get used to the language on here, A notice of assignment ? Is this a notice to say that apex have the right to claim the money and that the debt has been sold onto them etc? I intend to write another letter to apex to ask for this and all the terms etc as you suggest but thought I best understand the terms i intend to use lol !!

 

Thankyou as I now seem to be back in control !!!!

 

Glad to hear it SH!! Yes, a Notice of Assignment is essentially confirmation that Apex has the right to collect on the debt, either because they have bought the debt or because they are collecting on behalf of Egg who still have an interest in the debt.

 

When you had your first letter from Apex, was there another document attached to it saying that it was from Egg? Most of us had one that was headed Notice of Assignment of Debt.

 

Although allegedly from Egg, this document clearly came from Apex and not Egg. Now, while Egg may well have given them authority to do this, I believe that sufficient doubt exists for the authenticity of the document to be challenged.

 

I personally believe that it is bad practice to do this as it opens the way for any company to fraudulently claim they own debts and demand payments when they do not. However, I am not suggesting for one moment that this is what Apex has done, nor should you suggest that to them!! Merely point out your concerns regarding the notice of assignment you received and why you do not believe that Egg sent it...the fact that it was in the same envelope as the Apex document is a good start!!

 

Hope this helps!!

[sh714]

Hi guys - just a quick update - Its amazing how 'professional' apex come when you start speaking the right language. The phone calls have stopped, the letters have started to flow, they have yet to send the right stuff to me but im sure they will - pretty close o the 30 day mark too. Will let you knwo what happens next

 

xx

[WelshMam2009]

Hi guys - just a quick update - Its amazing how 'professional' apex come when you start speaking the right language. The phone calls have stopped, the letters have started to flow, they have yet to send the right stuff to me but im sure they will - pretty close o the 30 day mark too. Will let you knwo what happens next

 

xx

 

Which 30 day mark do you mean SH? If it's the one relating to supplying a CCA then this has been repealed. However, I thought that in your opening post you said that this had been received anyway.

 

For the SAR a 40 day period is allowed.

 

Hope this helps!!

[sh714]

Hi all

I know its been a long time but I am confused as to what to do next and knew the place to come!!! I have rec'd a letter from Apex failing to uphold my complaint about telephone harrasment but that doesnt really matter as all correspondance is now by mail. What do I do now - I sent a letter to apex adv that they had not proved their legal ownership of the debt and until they did I was not prepared to pay any monies to them. I also asked for the notice of assignment, terms and conditions they were running the account under and confimation of whether any restrictions have been placed under the account. This is their reply ( I copied and typed their reply as was quicker than trying to work out how to use my scanner!!)

 

I regret that you have not appeared to have received a copy od the notice of assignment sent by egg(Original letter on Egg headed paper sent 10.11.09) or our letter of introductionfrom Apex credit management sent on 10.11.09. We assumed you had received both our letters as this is what prompted you to call Apex on 13.11.09. I have attached copies iof both letters sent on 10.11.09 for your attention. In addition ~I would like to draw your attention to section 23.1 of your egg credit agreement regulated by the Consumer Credit Act 1974:

(This is about assign the rights/benefits and liability to any person etc. I can post it if you need but you prob know it anyway)

I do believe we have established Apex is the now the legal owners of your Egg bank account and do have authority to deal on this account. I have attached a signed ciopy of your credit agreement and a copy of your terms and conditions originally sent out to you on 26.01.10.

We therefore give notice that your account will go back into collection 21 days from the date of this letter and ask for you to contact uson 08445560274 or in writing through our web site www.apexcm.co.uk in order for us to set up a mutually agreeable paymeny plan and where we will be happy to discuss your preferred method of future contact.

 

Thats it.

 

They didn't as asked set out their terms and conditions, they haven't adv what interest is being charged or will be charged. I can't afford to pay them the full amount so would have to pay monthly but isn't it for them to set up monthly statements and payments etc? Why haven't they done this already, What am I missing? I feel that they are waiting for me to make some huge mistake which will then allow them to calim HUGE amounts of interest etc. What do you suggest????

 

Thanks guys in advance xx

[sh714]

Hi guys - I hope ive not done wrong by starting a new thread but the reply I placed on an old thread seems to be lost and ive had no replys. Just to keep those in the loop who don't know me - Egg sold my husbands c/c debt to apex finance who have become a real pain in the arse. This is the follow up. I have also requested all documentation ( I forget what its called now) from egg and am waiting for that for apex are getting stroppy again, Can you help?

 

 

 

Hi all

I know its been a long time but I am confused as to what to do next and knew the place to come!!! I have rec'd a letter from Apex failing to uphold my complaint about telephone harrasment but that doesnt really matter as all correspondance is now by mail. What do I do now - I sent a letter to apex adv that they had not proved their legal ownership of the debt and until they did I was not prepared to pay any monies to them. I also asked for the notice of assignment, terms and conditions they were running the account under and confimation of whether any restrictions have been placed under the account. This is their reply ( I copied and typed their reply as was quicker than trying to work out how to use my scanner!!)

 

I regret that you have not appeared to have received a copy od the notice of assignment sent by egg(Original letter on Egg headed paper sent 10.11.09) or our letter of introductionfrom Apex credit management sent on 10.11.09. We assumed you had received both our letters as this is what prompted you to call Apex on 13.11.09. I have attached copies iof both letters sent on 10.11.09 for your attention. In addition ~I would like to draw your attention to section 23.1 of your egg credit agreement regulated by the Consumer Credit Act 1974:

 

(This is about assign the rights/benefits and liability to any person etc. I can post it if you need but you prob know it anyway)

 

I do believe we have established Apex is the now the legal owners of your Egg bank account and do have authority to deal on this account. I have attached a signed ciopy of your credit agreement and a copy of your terms and conditions originally sent out to you on 26.01.10.

 

We therefore give notice that your account will go back into collection 21 days from the date of this letter and ask for you to contact uson 08445560274 or in writing through our web site www.apexcm.co.uk in order for us to set up a mutually agreeable paymeny plan and where we will be happy to discuss your preferred method of future contact.

 

Thats it.

 

They didn't as asked set out their terms and conditions, they haven't adv what interest is being charged or will be charged. I can't afford to pay them the full amount so would have to pay monthly but isn't it for them to set up monthly statements and payments etc? Why haven't they done this already, What am I missing? I feel that they are waiting for me to make some huge mistake which will then allow them to calim HUGE amounts of interest etc. What do you suggest????

 

Thanks guys in advance xx

[dx100uk]

when was the last payment you made please?

 

dx

Edited May 17, 2010 by dx100uk

[sh714]

Thanks for replying and sorry for messing things up lol !!!

 

We have not paid apex anything - we asked them to confirm that they were the legal owners etc and to clarify things - the last amount we paid was when egg owned the debt - we set up an agreement with them to pay 6.00 a month as we were having problems - I think thats what initiated Egg to sell the debt. I am quite happy to pay of the debt but dont have the full amount - will Apex be charging interest etc??? Is t for us to set up payments or them ?

 

Thank you

xx

[dx100uk]

when did you last pay please date - ish??

 

dx

[sh714]

We last paid Egg on 07.10.09 for £10.00.

 

It was our 6th and last payment of the minimal amount due set up by the credit people to help us out for six months. We had been paying either £5.00 or £10.00.

 

We were then contacted by Apex and have been contesting it ever since.

 

xx

[dx100uk]

ok

you can either assume apex are going to run the a/c on te terms of egg or question how they are going to run it.

 

pers i'd start paying 'something' even if its £1PCM but do this by SO not DD. or even internet banking.

 

ow let back track a bit...

 

do you have all the statements?

 

if so are there charges or are/were you paying PPI?

 

dx