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    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
    • Parag Agrawal, Twitter's new CEO, is the latest of several Indian-Americans leading global tech firms.View the full article
    • So Apple can get out of it by this technicality seems ridiculous to me.   They call themselves Apple not Apple Retail. Unless you’re clued up on these things how can the average person know that it's Apple Retail UK.   If I got a letter from the court and never responded based on them spelling my name as Jo Blogg instead of Jo Bloggs I can bet your boots I would still be pulled in over it.    You've been very helpful I’m just annoyed over greedy Apple...oops I meant Apple Retail UK 😂
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Egg and Apex


BrightSide72
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It sounds as if the account has been bought by ACM and they will now be taking payments on the account, I would suggest you do the financial statement verbally only to ensure you have a record of who you spoke to times etc and all there phone calls will be recorded, if your not happy with them ask to speak to a manager immediately and if they persist to bother you with calls request they remove all your phone numbers and ask for everything in writing!!

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  • 1 month later...

Hello all. Seems there are plenty of us on here. I've an Apex/Egg thread on the Dealing With Debt In Scotland forum.

 

Egg loan

They repeatedly refused F & F offers

They failed the CCA test

Tried F & F again (no)

Been Making voluntary monthly payments

 

Apex wrote to say that my Egg debt was with them. Looked like a fake and I wrote and told them.

Have refused to change my voluntary payment to their account.

They keep phoning despite repeated written requests for "written correspondence only."

About to try another F & F offer - asked for advice (is it for Egg or Apex?) on my own thread.

 

Subscribed to this one and will post again if any developments.

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  • 2 weeks later...

Not sure how to go about the termination route! I made a F&F offer of about 20% of the owed amount. They finally responded not saying they had turned it down but saying they would accept an amount (half roughly) and no mention of putting satisfied on credit record. They've got no chance, I haven't got that much. There is no talking to these people. I already wrote to them asking not to contact me by phone. It went quiet for a while, now endless phone calls. I've had enough now and just goning to ignore them. Do what they want now.

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Same here with the phone thing. Last one was sent recorded delivery - still got calls. Made a F & F too. Waiting to hear their response. Still paying Egg at this stage. Will update here with anything major.

 

What's the termination route?

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Thanks for the info. My Egg account has been in dispute for years. I'll be stopping my Egg payments altogether if they turn down the F & F. If I've understood this starts the "statute barred" five year clock here in Scotland. I've no decrees against me - and will contest any court action. A decree, a payment or correspondence acknowledging the debt interferes with the five year limit.

 

If I start making payments to Apex it could be argued that it acknowledges a debt. I'd be concerned that a CCA request would do the same.

 

Are you making the £30 a month payment to Apex or still to Egg? You could CCA Egg if you haven't already done so.

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CCA, what is that? I've got all the paperwork already from everyone. I haven't paid Apex a penny yet and stopped paying Egg when Apex kindly texted me to say they had taken on the debt! They keep threatening further action but never taking it further. I got a credit record from one of the 3 companies last week and there is no mention of this debt on there. Trying to get an Equifax one but having problems convincing them I am me lol

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CCA - Consumer Credit Agreement. Look it up on here or the site of the Office Of Fair Trading. I had a lot of creditors to deal with when I first had financial difficulties. I initially went to the CCCS - the Consumer Credit Counselling Service. Big help. They encouraged me to be open with everyone and (given my circumstances) - make a token payment to each of £1 while getting some cash together to make full and final offers. They warned me about Egg.

 

I didn't find out about my CCA rights until I joined the forum here. A few credit card creditors were refusing F & F settlements, threatening to send bailiffs round (they can't, bailiffs act for the court - found that out on here) and the daily phone calls etc... I sent CCA requests to everyone - the CCCS said to treat all the creditors the same - and no one had anything that looked like an agreement. Tesco sent me one with a forged signature and errors in the address (I'm laughing now - I wasn't then). Someone working there must have just filled something in. Anyway, Tesco and the rest settled (not Egg) within a few months.

 

Don't know when you became an Egg customer - they may have paperwork for you that's all in order.

 

If they haven't got the correct paperwork it doesn't mean you don't owe the money - just that they cacn't do things like pass the account out to a third party (like Apex).

 

Hope this helped.

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Ah well - just keep offering the full and final. Have you another creditor? You could offer it to Apex one last time with a time limit and warn them you'll use it to make an offer it to the other creditor if they say no. Just a thought - though £30 a month seems a good amount. If I was Apex I'd take it and stop bothering you.

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  • 9 months later...
Just checking in - still all quiet for me; not heard a peep from Apex. Most odd. All other DCA's I've had to deal with have been very persistent. How is everyone else doing?

EGG is now Barclaycard and they have gone quiet on me too. I do have a solicitor watching out for me on a no win no fee basis. We don't think that Egg complied with the requirements of the 1974 C C Act

Let me know when you last heard from Egg/Barclaycard please..................

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Getting regular letters from Apex - every two to three weeks - but nothing new. I'm in some computer generated cycle.

 

I'm still paying monthly (voluntary payment) into an Egg account. Haven't heard from Egg in years. Haven't bothered sending a CCA request to Apex. Egg didn't comply all those years ago and they were the original creditor.

 

Amount is going down on the Apex letters. Are they acting for Egg? I'm presuming that I mustn't ever pay Apex anything or acknowlegde their right to collect. makes it easy to argue that the account isn't theirs - Egg failed CCA request, IN DISPUTE status - can't be sold on.

 

Apex can keep asking me for money - it's just begging though. I'll argue they've no right to anything until Egg supplies the CCA. Interesting point - if Apex subsequently supplies a CCA to a court - why didn't Egg give it to me at the time I originally asked for it?

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Getting regular letters from Apex - every two to three weeks - but nothing new. I'm in some computer generated cycle.

 

I'm still paying monthly (voluntary payment) into an Egg account. Haven't heard from Egg in years. Haven't bothered sending a CCA request to Apex. Egg didn't comply all those years ago and they were the original creditor.

 

Amount is going down on the Apex letters. Are they acting for Egg? I'm presuming that I mustn't ever pay Apex anything or acknowlegde their right to collect. makes it easy to argue that the account isn't theirs - Egg failed CCA request, IN DISPUTE status - can't be sold on.

 

Apex can keep asking me for money - it's just begging though. I'll argue they've no right to anything until Egg supplies the CCA. Interesting point - if Apex subsequently supplies a CCA to a court - why didn't Egg give it to me at the time I originally asked for it?

It can be sold on if in dispute - mine was.

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@Hopster - why was your one in dispute (without posting anything that can reveal who you are to any Apex reps reading this) - and did you write to whomever told you they'd purchased it and pointed out the status?

 

I did - and phoned the Ombudsman who was very helpful. I was told they shouldn't be sold on though it happens. I asked if I could complain on those grounds - they said yes but there was no legal action I could take and nothing to stop a third party asking me to give them money - it's up to me whether I pay them or not. They did say that paying might be construed as acknowledging their right to collect the debt.

 

I have never (and will never) make a direct payment to Apex or anyone other than Egg. Occasionally I get a letter that says I need to change the account I pay into and that my payments may be returned if I don't.

 

Haven't had one back yet. While the account in IN DISPUTE - Apex can act for Egg but the account is Eggs until some valid paperwork (a credible CCA) is produced. I will post immediately if I find out otherwise.

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@Hopster - why was your one in dispute (without posting anything that can reveal who you are to any Apex reps reading this) - and did you write to whomever told you they'd purchased it and pointed out the status?

 

I did - and phoned the Ombudsman who was very helpful. I was told they shouldn't be sold on though it happens. I asked if I could complain on those grounds - they said yes but there was no legal action I could take and nothing to stop a third party asking me to give them money - it's up to me whether I pay them or not. They did say that paying might be construed as acknowledging their right to collect the debt.

 

I have never (and will never) make a direct payment to Apex or anyone other than Egg. Occasionally I get a letter that says I need to change the account I pay into and that my payments may be returned if I don't.

 

Haven't had one back yet. While the account in IN DISPUTE - Apex can act for Egg but the account is Eggs until some valid paperwork (a credible CCA) is produced. I will post immediately if I find out otherwise.

Account was ertminated when not in arrear - 161,000 others too - and the terms of the CCA did not fulfill the requirements of the Consumer Credit Act. - since sold to barclaycard.

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Think you will find you are in the zombie world of Egg and Apex.

 

These accounts were sold on to Apex. Egg doesnt exist anymore. Live loans went to Yorkie Bank. Live CC's went to Barclays. Egg in Derby closed down.

 

The dead stuff has moved to Canada Square Operations in Worthing which is part of Citi.

 

People with PPI are having a devil of a job getting SAR info as the shredders have been in. Good move as if you dont have it and the Bank doesnt then a PPI claim is game over.

 

But in shredding things like CCA's have gone to. And the longer this goes on the less and less info they need to retain. We would holler if a bank was keeping our stuff longer than it should. Here DPA is being our friend.

 

Many people have stopped paying altogether and that is it. Nothing happens. Why? Because they have nothing to enforce it with. Its a lemon hence why APEX are trying to squeeze as much as they can before it dries out

 

I wouldnt be surprised if your money is being cycled back to Apex

 

The few other Egg accounts you still see knocking around were post the APEX sale and had gone to Barclaycard so are with different DCA.

 

Yours is exact same as mine and we have stopped. Guess what diddly squat now just silence.

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