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Apex letters and phone calls (EGG)


Melita
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Hi Cerber,

ok i am on this thread thing,:confused: what is it you want me to post on here and how do i do it?:oops:

 

I have alrerady scanned the 'half sized' photocopy of the (ilegible) egg agreement and the last two letters sent by apex AFTER i sent them the last letter you told me to send.

( in response to the letter they sent with some stupid copy of a statement- see our private messages) in case you want to see them. :-|

 

do you want me to scan every bit of correspondence to and from Apex? including the 'bumpf' as you put it? (and no they are not numberd)

do i just click on the above attachment icon(paperclip) and you open it, or do i need to copy and paste on to this page?

I have scanned things on PDF format (legible) and jPEG (not so legible)

 

I have to leave this now tonight, I worked 12 hours today (to keep wolves from door) and am totally shattered. All this is really getting to me as I have to worry and cope with this alone.(Hubby is even less able to cope than I)

Please let me know about above

thank you

Melita x

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You've finally managed it. ;)

 

We need to see the agreement so if you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

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If you have any problems uploading them just email them to me and I'll do it for you. I've PM'd my email to you.

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Just so I have you flagged in case you need further assistance, I am probably 'wrongly' assuming that these pests are harassing you via phone, so this is the letter template to send them to put them on strict notice that you won't entertain the threat monkeys over the phone:

http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

And if they have 'threatened' to collect your doorstep:eek:

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

I have no doubt Cerbs has already sign posted these to you, but it helps others who may be in a similar position.

 

Boo:wink:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi cerber and Boo!:p (that is so weird,i gave hubby the nick name of BooBoo!)

 

I will start at the beginning for the benefit of Boo. ;)

on 11th Nov 2009 - out of the blue hubby received a letter from Apex, whom i had never heard of before 'notifiing' him that they had 'purchased' my hubbys Egg account, giving thier phone number asking him to ring.etc In same envelope there was a letter from Egg giving notice of same.

 

Hubby had an agreement with egg to pay off this debt which had been paid faithfully at £100 a month, every month, without fail. (after We requested that account had interest frozen, so we could pay it off and destroyed the card etc)

 

Surprised and angered i felt that this had to be wrong because i initially thought this only happened when people wernt paying thier debts.

Anyway - I foolishly phoned them and I was not nice to say the least - they were very 'nice' and proceeded to say nothing changed - the amount to pay and 'agreement' would remain the same, though the guy was quite pushy in trying to get me to increase the monthly payment. they said they would send a standing order agreement as i completely refused to have it on DD!

I spoke to a work colleague the next day and to cut a long story short he told me never to speak to these people over the phone again and to come on here!

This is where Cerber comes in :)

After explaining Apex situation -Cerber told me to send the 'formal request' letter under CCA1974 - which i sent on 29th Nov 2009

(oh they sent the standing order mandate on 13th nov, but i never sent it back, after speaking to my work colleague)

 

on 15th Dec 09 they responded,right on th 12th (working) day limit, saying they noted the contents of letter etc, apologising for delay,and that they have contacted egg for the agreement and the account is on hold till we get the agreement.

we heard nothing until 26th Feb this year, where they sent a stupid photocopy of a novemeber statement from Egg.

Cerber then told me to send another templated letter that i copied & changed to suit our circumstances.Re: my request under the Consumer Credit Act 1974) saying that they had not fufilled the request etc

this letter was totally ignored.

unfortunatly this crossed with the copy of the Egg agreement they did eventually did send on 22 march 2010.

since then they have called several times and I have stopped hubby from answering phone and turned off answerphone, so yes Boo you were right they were harrassing us by phone, but the last time they called i told them they had wrong number and address and have not phoned since:D)

On 24th March and 5th April - still without acknowledging my last letter, they have sent the 'we are sorry you have chosen to not contact us' letters , the last one having the threat of of pre- litigation assessment and considering legal enforcement of debt against us and property'. we have 3 days left to respond now?!? :shock:(from 5th April, we had 10 days)

thats where we are now,

i will now attempt to post the copy of the egg agreement as requested by you Cerber:-| and thier last letter(5th april

Thanks, Mel

Edited by Melita
loads of extra bits with 'fonts ' written on it appeared ?!
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we need to see the agreement as per post #2. ;)

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Ah yes the Infamous Egg & Apex saga!

 

Your right in not speaking to the leeches over the phone, unless you can record your calls (Truecall is Dynamite!!:D) then whatever they spout from their mouths should be taken with a bucket full of salt!

 

It would be good to see what they have sent and think is an enforceable CCA, it is standard practice for Apex to return the CCA request with the £1 PO, stating that it has to be sent direct to the OC......so for them not to do this, is surprising and will be very intriguing to see what it is they have sent......it is as rare as hens teeth for Egg to have possession of the correct paperwork, although not impossible.

 

Agreed that if you were paying EGG the agreed amount in time monthly, for them to off load it to APEX is extremely underhand, so for that I would make the token payment to Apex, of £1 a month until they can provide you with evidence of their legal liability to collect this alleged debt.

 

After all, your 'Agreement' was with EGG, NOT APEX, so do not pay Apex what you have ONLY agreed with EGG.

 

Formal complaint to EGG is necessary, and CC the OFT, and TS using Consumer Direct, I'm not too sure, but it appears that Apex do chase EGG debts, and are feasibly 'in house' DCA's, if not and EGG have flogged this debt onto Apex, then that raises more questions as to the liability of ownership of the debt etc etc,

 

Once I get my head out of this bottle of Vin Rouge, I will be better placed to advise, but I am confident plenty of others will give you assistance...

Boo;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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well im obviously doing something wrong:mad:

cos this aint working and this is taking too long and freezing and driving me mad nothing is working!!!!!!!!!!

im on the tiny pics and trying to copy and paste it on to here! and its not doing it. !!

im getting very stressy here!

why cant i just copy and past it on to here without using this tiny pic thing?:confused:

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GRRRR

of course i cant copy and paste - just tried!!

Cerber im emailing them to you, i hope you are there!

if not Boo- get you head out of the wine;) and please send me you email on PM so i can send scan to you -thanking you muchly

this is all so frustrating for me-i'm serious;y stressed over this! i supposidly have only 3 days left to respond so im panicking!!

 

Apex have actually sent me a 'copy' of the egg agreement tho its half sized and almost impossible to read. so im totally peeved, cos they may well have a case!!

 

Mel

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I'm here for an hour or so. ;)

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Right OK, on the first screen it will have a 'browse' button surrounded in blue, click on that and find the document you scanned up on your computer double click the doc, then it should auto load up,?

 

When it has loaded up it goes to a screen which will say 'share images'

 

What you need to right click and copy is the second line which says 'IMG code for forums and message boards'

 

Then above where you type now, directly under the white smiley face is a blue world with a chain link, click on that and paste the link in there....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Apex have actually sent me a 'copy' of the egg agreement tho its half sized and almost impossible to read. so im totally peeved, cos they may well have a case!!

 

If it is not legible, then it is not enforceable,

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1747471

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I take it this was signed at home? If so I can't see the right to cancel which is a prescribed term.

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Did you receive a Default Notice?

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well after all that i managed to put the agreement up - thanks boo:p for the instructions, maybe im not so dumb after all!:eek:

I have to go to bed now, (worked 12 hours again today) I will be on earlier tomorrow as im NOt working 12 hours, only 8, woohoo!)

thank you boo and Cerber, for your help so far, please let me know what to do next -(send me template letter?;))bearing in mind i have 3 days to respond to 5th april letter )

thanks for helping this damsel in distress

Mel xx

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Did you receive a Default Notice?

 

from egg? yes, we started to struggle to pay the £350 - £500 a month. In october 2007 they sent an arrears letter, cos we were paying less. when we were in arrears by £336 they sent a default notice, in nov 2007.

Hubby had buried head in sand saying he could not pay more than £100.

i said he could not just say that to himself and I phoned egg, thats when i made the 'payment plan' of £100 a month and when they then froze the interest. i got this idea from the consumer revenge guy on TV.

i have proof of all of this as ive kept letters and reciepts of online payments that I made from my account.

from then we paid £100 a month, without fail to avoid any further action.

(we did a financial statement,outgoing and income and had we followed it we would be paying less, but i just wanted to pay this off ASAP so stuck to the £100 which Egg happily accepted)

now suddenly the debt was sold without them telling us, probably for less than half of what we have to pay back and im especially cross because i was going to get a settlement figure from Egg next year! I cant do that now.

Yes we signed it at home - it was sent to us to sign.

dont know about the right to cancel

but in the extra bumpf CC agreement between egg and us -there is 'your rights'

we have the right to settle at any time....

the right to sue for unsatisfactory goods....

but cant see any right to cancel.

got more !

CCA reg. by the consumer Cred.Act 1974 - more or less same as you prob know but still does not say - that i can see - anything about the right to cancel.

 

ok i really must go to bed

Mel x

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but in the extra bumpf CC agreement between egg and us -there is 'your rights'
The prescribed terms, of which the right to cancel is one, must be within the four corners of the signed agreement & unless the document which contains them is linked to the signed page then it does not fulfill CCA 1974., i.e the pages should be numbered.

 

Send them this;

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a document which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not all of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

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hi cerber,

just a couple of things that i need clarified before i print and send this letter (tonight)

 

1)on the above letter -on the second paragraph starting "the document.".....

is there a word missing after ....."not"..... ? like 'comply' or something?

 

2)do i also add in this letter that the document/copy of agreement is practically ilegible - because it was copied so small - and therefore not enforcable (like Boo said)

 

3)do i mention thier last 2 letters (i scaned them to you and you posted the 24Mar10, but not the 5April10 one) Especially the 5April one where they making threats of litigation and gving me 10 days to respond.

i.e. say to them that "i have not chosen to ignore Apex, however i will not accept threatening/distressing early morning / late evening phonecalls from Apex". also say they chose to ignore the last letter i sent them- then include that letter in with above one ?

 

i'm not doubting you, I'm just confused cos we seem to be 'moving to strike', without some of the details.

sorry i just want to make sure i get it right in terms of having given you all of the info.

Mel :confused:

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1)on the above letter -on the second paragraph starting "the document.".....

is there a word missing after ....."not"..... ? like 'comply' or something?

Contain
2)do i also add in this letter that the document/copy of agreement is practically ilegible - because it was copied so small - and therefore not enforcable (like Boo said)
yes
3)do i mention thier last 2 letters (i scaned them to you and you posted the 24Mar10, but not the 5April10 one) Especially the 5April one where they making threats of litigation and gving me 10 days to respond.

i.e. say to them that "i have not chosen to ignore Apex, however i will not accept threatening/distressing early morning / late evening phonecalls from Apex". also say they chose to ignore the last letter i sent them- then include that letter in with above one ?

No don't mention them.

Anthrax alert at debt collectors caused by box of doughnuts

 

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If you want to. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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