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guitarlady

Guitar Lady Vs Egg & Apex - now global for cabot

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Hello all. Been a while. Had the letter from Apex to say they have "purchased (my) account with all rights ...". Included in the envelope was a bw letter supposed to be from Egg saying it was "notice of the assignment of the debt due to us ..."

 

First thing should I start this thread here as I live in Scotland - or start one on another of the more general debt or DCA forums?

 

Other thing is just to start by saying I'd an Egg Loan and an Egg credit card. CCAs sent for both well over a year ago. Got nothing for ages then two copies of a muliple page computer printout relating to the loan. There's a signature but everying is on separate pages. It also arrived well after the deadline. I have pointed out that the accounts are IN DISPUTE in all communication since. I have been making small monthly voluntary payments via standing order (in the interests of goodwill).

 

Settled with all other creditors apart from Egg and one other for amounts between 40% and 70%. That money is now all gone - I warned Egg that would be the case. My goodwill is now gone with this Apex nonsense.

 

(1) Thread in the Scotland forum or...?

(2) Account passed to Apex (so they claim) but was IN DISPUTE. Should I aim to get it back to Egg but pointing out it can't be sold while IN DISPUTE - or get Egg to confirm that's what they've done then stop all apayments (both Egg accounts card and loan) and CCA Apex and see what happens?

 

Many thanks in advice for any help/advice. This place is great, really great.

Edited by guitarlady

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Hiya,

 

Without seeing what they sent we can't comment as they can send as many pages as they want as long as they are interlinked they would be ok.

 

Unfortunaltey they status of enforceable cca's is not as clear cut with the recent cases.

 

I wouldn't advise to stop payments as this stage either but that is something you would need to decide.

 

Is there any PPI or charges that could be reclaimable?


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Hi Ida, thanks for the reply.

 

No PPI on either card or loan. Didn't do an SAR but don't remember any charges. Genuinely thought we (me and the Egg crew) were both clear on the IN DISPUTE status. I have always responded to their "review" requests for more financial info politely declining due to the IN DISPUTE status but indicating my intention to continue my voluntary payments.

 

Have I understood you that I should keep paying the SOs into the two accounts at Egg? What is your top tip for dealing with this new Apex situation?

 

I am on written correspondence only with Egg. I told the Apex employee who phoned to write and I will send them a "written correspondence only" letter.

 

You mention recent CCA judgements. Is it still the case that as Egg missed both deadlines (and for both card and loan) that the account is IN DISPUTE - and they can't pass it out to a third party? I thought that was the case even if they supplied documentation later.

 

I have something for the loan as I mentioned, never had anything for the card.

 

Thanks again for getting back so quickly.

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re deadlines,

 

they have 12 days to supply the info then the account would be placed in dispute until they do send the info, as far as the loan they have supplied something which they would deem in accordance with a cca request.

 

the view on the cca is changing along with many other routes, CAG would advise to set up an arrangement with a credior and use the cca route as a way to reduce the balance for full and finals etc for a negotiation tool.

 

what we have to realise that if they do not supply a response to a cca request they can and many do will contimue with court action and many then supply what is required at that time

 

what you can do is respond accordingly to show the court that you have not ignored them but tried to deal with them to stop any court action etc

 

certainly they decision on what to do always lays with the op and we can only hope they have researched and taken advice on what avenues may or may not be available.

 

you can certainly write to apex and tell then you are paying egg and only intend to deal with them.


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you can certainly write to apex and tell then you are paying egg and only intend to deal with them.

 

Thanks Ida. That's what I've decided to do.

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Hello. I've written to Egg and APEX separately to say the accounts are IN DISPUTE due to inadequate responses to CCA requests (by Egg). I thought that this means that Egg cannot pass the financial liability (or sell it) to a third party. I have just looked this morning on the OFT website: http://80.86.35.165/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

 

It's the bit about unenforceable credit agreements. It says they can "sell the debt to someone else" and "pass the information to a credit reference agency." Is this new? Is what I have stated in my letters to them factually wrong?

 

Still intend to keep making my voluntary payments to Egg.

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yes and no

it;s a veru grey area that is ocnstantly changing

 

having an unforcebale agreement only mean they cannot enforce through court - they can stll request payment and send info to the cra's atc


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Thanks Ida. I'm waiting to hear their response. I've said Egg can't sell the account (the grey area?) and that my intention is to continue making voluntary payments to them. I've requested written correspondence only - and no phone calls today.

 

I've been an Egg customer for ages. They turned down all my F & F offers when everyone else accepted the reality of my financial situation. They repeatedly turned down thousands of pounds (in writing). I've been making voluntary payments (via SO) of what I can afford and have been making small increases when I can. I just don't understand why they would "sell" me on now? They haven't been in contact with me for well over a year.

 

I will post when I hear from Apex (or Egg). I'd be grateful for any suggestions. The financial liability is to Egg - it's wrong that a third party should benefit from my financial difficulties.

Edited by guitarlady

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Apex wrote to say they haven't received my monthly payment (?) Sent a reply saying I'm still waiting to hear from Egg and will continue making voluntary payments to Egg unless Egg contact me directly.

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Latest from Apex - letter acknowledging my correspondence, apologising for the delay and saying account is on hold while they get documents from Egg that I've requested (?)

 

They referred to Egg as their "client."

 

Will post back if I hear from them again - don't know what documents they think I want as I've said Egg can't sell me on to them due to the IN DISPUTE status.

 

Continuing voluntary payments to Egg - and no response from Egg.

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Another letter from Apex saying more less the same thing again:

 

They have contacted Egg to ask about the In Dispute status.

The account has been sold to Apex.

I have received letters from them and Egg confirming the sale.

 

I have still to hear from Egg. Sent Apex a reply stating same thing again - waiting to hear from Egg and will continue dealing with Egg. I have also asked them to confirm their position i.e. is there a deed of assignment.

 

I have had nothing from Egg. The letter supposed to be from them (no proper signature or contact name, no account details, B&W not the usual coloured logo) arrived in the first envelope from Apex.

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Update. I see there are plenty like me with this EGG/APEX issue.

 

APEX sent more letters - some look computer generated, some saying they are still waiting EGG's response.

 

Just got one saying they have received EGG's response and no dispute showing. Have written to APEX requesting EGG's response so I have a name to write to and see exactly what they said.

 

Again continuing voluntary payment to Egg.

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Update & advice sought.

 

I'm continuing to make (voluntary) payments to Egg - accounts IN DISPUTE for a few years now when they didn't meet the CCA request deadlines.

 

APEX say Egg has no dispute showing.

Asked APEX for a contact at EGG so that I could write to them directly.

 

APEX sent another "we have not received your payment" letter (?) and then a letter saying they didn't have the name of the colleague at EGG that looked into the status. They are now demanding financial details and payments etc... "to prevent further action."

 

EGG haven't responded to any of my letters asking what's going on. In effect I have lots of phone calls (initially) and a heap of correspondence from APEX, a company I've never heard of who are claiming any financial liability I had to EGG is now theirs. Crazy situation.

 

(1) At what point do I complain?

(2) Who do I complain to?

(3) Who am I complaining about - APEX or EGG?

 

Reached agreements with everyone else a few years back. EGG turned down all offers for Full and Final - in the end I gave up begging them to take the money and used it to up the offers to any other creditors that hadn't accepted at that point.

 

Any help or advice very gratefully received. My preferred option is to continue making my (voluntary) payments to EGG, upping the amount when I can. I can't see a situation anytime soon (maybe ever) where I will have access to cash to make another offer for Full and Final.

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Update and advice sought:

 

(1) is it time to send a request for Apex's complaints procedure OR

(2) wait and see what they do

 

Been getting regular computer generated threat-o-grams. They still haven't responded to my last letter requesting a contact at Egg who could confirm that Egg deny that the account is IN DISPUTE. They responded to an earlier request and said they didn't have the name of anyone at Egg that they used to confirm there was no dispute.

 

Here's the new paragraph:

 

"We are now making arrangements to profile your account for potential litigation activity. Should we confirm you are a homeowner and/or employed on a full or part-time basis, your account may be passed to our legal recovery team for their condsideration. Please be aware that this form of activity may well result in further costs and charges being debited to your account."

 

Any help or assistance very gratefully received.

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If it was me I would send an identical letter to them both.

 

Basically stating that you have requested from Egg several times NOA and for them to confirm that indeed Apex do have the authority to collect on their behalf of confirmation from egg that they have sold the account to Apex and that you are still waiting on a copy of the cca as you requested on xx/xx/xxxx. Also that you have contactedApex several times stating that you are still making payment to Egg until they advise you otherwise yet they have persitantly demanded money without any proof from them or egg they are indeed entitiled to collect any payment. Also state that a copy of this letter has been sent to both Egg and Apex.

 

Ask them both for a copy of their complaints procedures and also a respons eto all your recent and current letters within 14 days or you will have no further options to complain to the FOS and OFT about their practices

 

Ida x


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Hi, sorry to jump in here but if Ida has the time could she look at my post please. Im in Scotland and dealing with Cabot, case back in court next week and your knowledge would be appreciated. I think i posted in wrong place to start with but been getting some good advise so far could just do with a Scottish eye looking over case to make sure i aint missed anything.

So sorry to jump in.

Delilah

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Update: Apex phoned and left message (ignoring the "written correspondence only") request. Now written to say Egg will stop passing my payments to them. Still my position that account is "in dispute" and Egg can't sell it on - however - I may want to make an offer for full and final settlement. Not in a position to do it right now - but are Apex more likely to accept than Egg? I remember my CCCS adviser (way back at the start of my financial difficulties) read back my list of creditors and said they'd all probably play ball except Egg who insist on demanding close to the full amount.

 

This was the case when I made my offers - had to get the FOS involved but everyone accepted apart from Egg and one other. I was told to treat them all equally and so CCA'd the lot in response to one being rather aggressive in their pursuit - the point at which I discovered that Egg had no paperwork.

 

Anyone managed to agree a lesser amount with Apex or any advice? I can keep things simple - the account is in dispute (no CCA from Egg) so they can't sell it on - but is it in my long term interests that they do? I could maybe get 5 to 10% of the outstanding amount together in a year or so.

 

BTW - still no notification of assignment from Egg.

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Hi Guitarlady, i had a lloyds tsb debt that Apex dealt with. I found them pretty reasonable to deal with, i even called them before xmas one year and told them i was struggling and they took a token payment for that month from me without any hassle. I got the occasional letters from them offering to clear off the debt for reduced amounts but i wasnt in the position to do that. All clear with them now, yipee.Most reasonable ive came across and i would think they would do a full and final. I dont think my debt was assigned to them though, i think they act as agents so it might be more difficult if Egg are more demanding.

 

Delilah

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Thanks Delilah. Apex's position is that they have "purchased" the debt. I wrote and asked them if they are simply acting as agents for Egg. I actually would have been ok to deal with them on that basis.

 

Apex wouldn't clarify this despite further requests from me. I've never received a notification of assignment from Egg. When I wrote and told Apex this they said I received a letter in their first contact pack. I got something but it looked like nothing I've ever had from Egg, wasn't signed in a way I could read (and no printed name underneath). No account details.

 

I'll wait and see if Egg actually return my payments as Apex claim. If they don't I'm just going to keep paying Egg until Egg write and tell me not to.

 

The lack of a CCA and no assignment from Egg means I wouldn't consider monthly payments to Apex.

 

Very good to know that Apex do reduced settlements. If Egg really are washing their hands of me, the lack of a CCA may make agreeing a reasonable (i.e. what I can afford) settlement with Apex quite straightforward.

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Hello again. Update. In a position to offer just under 10% or for full and final. Egg haven't responded to anything I've sent - even the recorded delivery ones. Apex still phoning me at home despite recorded delivery letter requesting (again) that all correspondence should be in writing.

 

I've told Egg that I will deal with Apex as their representative - but not on any other basis. The account is in dispute - still no CCA from Egg - years ago now.

 

Any advice as to how best to proceed would be very gratefully received. Do I sent the offer to Egg and a copy to Apex?

 

Once again, thanks in advance for any help/advice.

 

Egg credit card - in dispute (no CCA provided) - Barclaycard wrote and said it's theirs. Nothing from Egg. Been making (voluntary) payments to Egg.

 

Barclaycard have asked me to change the account I pay into to one they administer. I won't be doing that but I do want to make an offer for Full and Final. Am in a position to offer just under 10%.

 

Egg turned down 70% a few years back. Orcatically begged them to take it after raising a lump sum to get out of my financial mess. Gave up in the end and used it to up the offers to other creditors.

 

Best way to do this? Do I need to write to Barclaycard first and point out the IN DISPUTE status, the fact that I've heard nothing from Egg, and that I won't be making any monthly payments to them?

 

Or do I just send a recorded delivery to Egg, copy it to Barclaycard, make the offer & point out that the account is still IN DISPUTE.

 

Thanks in advance.

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Hello there.

 

Egg have sold their portfolio of credit cards to Barclaycard, as such any communication would need to go to Barclaycard directly. Prior to going forward with an offer of full & final settlement you could consider re-sending your CCA request to barclaycard directly. If there is a lack of paperwork - and this can be evidenced directly to Barclaycard they could be receptive to a low full and final settlement.

 

We have a fact sheet covering full & finals, you can find it here:

 

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=19_full_and_final_settlement_offers


For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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Thank you for that. Egg already failed the CCA request test. As I understood it that means they are not allowed to pass the account on to anyone else - at least not while the account in IN DISPUTE. I thought they had to go to court once they missed the first CCA deadline to have the IN DISPUTE status lifted.

 

Now given that my intention is to make an offer for full and final - are you still advising a CCA request to Barclaycard? Does this not in some way confirm that I have agreed to Egg passing out my account while it was still IN DISPUTE?

 

Thanks again for the response and for any help/advice.

 

BTW I was able to reach agreements all of the other creditors a few years ago. The CCCS warned me (when I first read out my list on the phone) that dealing with Egg would be difficult. How true that has turned out to be.

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There is no course for them to go to court to get the in dispute status lifted - do not know where you got that from.

 

Yes they shoul dnot be passing your details on whilst in dispute but it happens.

 

I would follow ND's advice about starting again so BC is more inclined to accept a full and final


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