Where do I stand on this one? Egg loan sold to dca who cant provide cca

[Tingy]

So how do you find out what sort of an assignment it is?

 

Molly

 

I wouldn't bother at this stage. I'd just send them the Prove It letter, or if you really want the CCA request and see what comes back. If they don't respond to a CCA request within 12+2 working days (be careful working this out with Christmas and New Year coming) after that time you can send them a letter placing the account into dispute. After this you do not have to pay a penny until such time as they produce the CCA. They'll try and tell you otherwise, but the law is on your side.

 

I'd do this - see what their response is, if any then post back and take it from there.

[molly13]

Thanks Tingy, we'll leave it till after New Year and decide on a course of action.

 

Sorry Minesapint, didn't mean to hijack thread, just felt that the more info is pooled together the more ammunition we'll have to fight Apex/Egg.

 

Regards

 

Molly:-)

[mines a pint]

Thanks Tingy, we'll leave it till after New Year and decide on a course of action.

 

Sorry Minesapint, didn't mean to hijack thread, just felt that the more info is pooled together the more ammunition we'll have to fight Apex/Egg.

 

Regards

 

Molly:-)

 

Hi Molly,

 

Not a problem, great to have some company

 

Latest letter from Apex is that account has been passed for pre litigation review (whatever that is) as they are now aware that I am a homeowner.

 

Other than a cca request Ive not contacted Apex & have maintained payments to Egg, as I have serious concerns over the Egg letter supplied by Apex with no account number.

 

Apex claim I am in default with my 'arrangement' - how wrong they are ! Account sold mid September but didnt receive Apex 'welcome' letter until mid November so September & Octobers payment went to Egg as per arrangement, Apex wants a Direct Debit set up or monthly on line payment, I will only use a Standing Order which they have not suppied details of, so Novembers payment was also paid direct to Egg.

 

Apex statement is balance up to August, my account is bang up to date so Apex can 'P' in the wind. They also state that they will honour the arrangement made with Egg BUT I MUST telephone their 'trained' negotiators - hell will freeze over first

 

As you said why have they referred to Egg as their 'client' if they own it outright?

 

MaP

[Bazooka Boo]

Have a good night out, then ring their 'trained teen threat monkeys'!

[mines a pint]

Hope everyone had a good Xmas

 

 

This is strange, sent cca request to Apex (as they claim all rights & benefits as per their 'welcome' letter), however, letter from EGG stating that I did not include the statutory £1 fee & before they can supply a copy of the agreement I need to send a £1 postal order (good job I photocopied the PO before sending it).

 

Guess its now formally in dispute?

 

Hope everyone has a good time tonight & best wishes for the New Year.

 

MaP

[mines a pint]

Update

 

Apex has failed to respond to my cca request but continue to send begging letters. Starting to get a little shirty in their tone.

 

Stated I havent paid them since September, incorrect as until they prove they own the debt payments have been paid direct to Egg & will continue paying Egg.

 

SAR Egg and got all info on the account, difference in account numbers explained as the number quoted in letters & CRA data processing is my customer number and not agreement number.

 

Also, trawling through the paperwork they sent (stacks of pages) there is no mention of the account being sold on.

 

MaP

[victoria_siempre]

Hi map

 

They often threaten me to 'sell on' but just outsource harassment; changing ref numbers is all just part of this bamboozlement.

 

I maintain my stance of paying/offering the OC what I can afford; interestingly I had 2 DCAs contact me last week with with 1 letter and 1 'phone call each and both have disappeared when I asked them if they wanted me to add their names to my fos complaint against OC for refusing to accept an offer that I can afford.

 

x

 

v

[Bazooka Boo]

MaP, don't know why this didn't flag up in my usercp before now? Sorry for not replying sooner.

 

OK you sent them a CCA request and they have foolishly, but quite predictably, said you failed to enclose the correct payment.

As you have proof that you did indeed, have you sent them the failed letter from the library, disputing the account as they failed to produce the agreement within the time period?

If not do so.

 

Report their puerile empty threats to the OFT&TS via Consumer direct.

 

File and log their missives, keep a diary of events also.

[mines a pint]

Thanks everyone,

 

TBH the cca request slipped under my radar until their latest 'you have not paid us since September YOU MUST ring us immediately to resolve this matter' letter arrived.

 

Said I havent paid them since SEPT but they didnt inform me til November - can see fun & games ahead, aint worried as I'm still paying EGG & up to date with my arrangement with them.

 

12+2 days expired nearly three weeks ago

[Bazooka Boo]

Now you have me confused? Not difficult!

 

So you are paying EGG direct,?

 

But Apex are also chasing you for the same account?

[mines a pint]

Now you have me confused? Not difficult!

 

So you are paying EGG direct,?

 

But Apex are also chasing you for the same account?

 

Sorry Bazooka Boo, I probably didnt explain it clearly.

 

Had a payment arrangement with Egg which I have stuck to without missing or being late with any payment.

 

Last November received a letter from Apex claiming that they had bought the debt also enclosed was a strange letter from Egg (?) no account number stating that Apex now own the debt - no payment details enclosed so I continued to pay Egg as per arrangement.

 

Apex started threat-o-grams stating they havent received any payments Sept, Oct., Nov. & Dec. Only just received details on how to pay by Standing Order.

 

CCA to Apex end of December & had no response.

 

SAR to Egg for all details (seperate complaint over ppi on credit card), sent loads of paperwork, statements & comms log - nothing in relation to loan being sold to Apex so continuing to pay Egg & ignore Apex til they prove they own it.

 

Hope this explains.

 

MaP

[WelshMam2009]

SAR to Egg for all details (seperate complaint over ppi on credit card), sent loads of paperwork, statements & comms log - nothing in relation to loan being sold to Apex so continuing to pay Egg & ignore Apex til they prove they own it.

 

That's interesting MaP. I'm sure that I read somewhere else that Apex were actually acting on behalf of Egg, as opposed to having "bought" the debt, as alleged, albeit I appreciate that there are diiferent types of assignment.

 

Apex now "have" my Egg loan and credit card account. In respect of the latter, they have failed to supply me with any paperwork, proving the debt, but have passed it on to threat monkeys Ruthbridge. Luckily, I'm a member of CAG and so have not been as intimidated by their promise of bankruptcy as I might otherwise have been!

[Bazooka Boo]

I wouldn't be overly concerned MaP, your paying EGG, keep a history of payments, ignore Apex and report them to the OFT&TS and your local MP.

Let them rot, just ignore the fools.

[mines a pint]

Had two Egg loans sold off to Apex last year, made a cca request to them - they responded well outside the 12 + 2 days but then only sent two copies of the same agreement to cover both loans (each have different account numbers).

 

Problem I now have is that I checked my credit file this morning & both Egg & Apex have got DN's for these accounts & are both still processing data - two loan accounts BUT FOUR Defaults registered

 

Surely they arent allowed to do this?

 

MaP

[247orbital]

No they can't do this only, the legal owners of the debt can maintain or register defaults, I would write to the CRA's informing them of the problem and also contact Egg, as it seems they have sold the debt to a DCA and as such should remove the data.

[harrassed senior]

No, they are not, Apex should have 'taken over' the existing Default from Egg and kept the original Default Date and just changed the 'owner' if indeed they bought the debt, if they are only collecting on behalf of Egg, then they should have not put anything on your CRA files.

 

Write to the CRA and request them to immediately remove the second entries on each account.

 

If you need help with what they have send with regard to your CA request, then let us know, otherwise 'account in dispute' letter x 2.

[mines a pint]

Thanks for the speedy response.

 

The Defaults all have the same start dates for both Egg & Apex.

 

Have received NoA's (and 'fake' Egg letter) from Apex, although the cca requests were sent to Apex, what I had in reply was from Egg - strange !

 

I take it that as Apex 'own them' then it is down to Egg to remove theirs and stop processing the data, and Apex's should show the original DN date (2008).

 

Still paying Egg direct & not received any further begging letters from Apex (and they dont have my phone number) 8)

[mines a pint]

NOt sure what to do regarding this.

 

Have an Egg loan which was sold to a dca, because I asked for proof that they legally owned the debt, not just a copy of an 'questionable' Egg letter (which they haven't done so) I continued sending payments each month direct to Egg.

 

I have sent the dca a request for the cca and the 12+2 days have well and truely expired, however, I have STILL continued with my arrangement and paid Egg the agreed amount each money.

 

The dca started throwing their rattle out of the pram & started getting stroppy with their threats, so a formal complaint was lodged together with account in dispute letter - three months on & I'm still waiting for the agreement.

 

They state (in their original letter) that they will honour any agreed repayment plan in place with Egg, although they now deny this and state no arrangement will be made until I telephone them - which I have told them from the outset that telephone contact - either way - will not be made.

 

Have now received their final response in which they state ' We will continue to request this documentation from the original creditor and will forward this onto you at the earliest opportunity. Unfortunately you are incorrect when you advise that this means the account is in dispute. This very matter was clarified by Judge Wakesman in the High Court on 24th December 2009'.

 

They were advised that although I am entitled to with hold any further payments until they comply with my request, I shall continue to make payments to Egg, their response to this was that if I make payments direct to Egg & Egg dont forward these to the dca then I am still liable for the payments and is totally my responsibility & will not stop enforcement action being taken.

 

Their initial statements shows payments being passed from Egg to them and the debt reducing, there is now a difference between what has been paid and what they say I owe, all payments have been made by standing order.

 

I have asked for a fully breakdown of the account which they have failed to provide.

[rosyb]

This is from the OFT guidance on debt collection practices (OFT664). It states that the creditor is ultimately responsible for the behaviour of their debt collectors.

I would deal directly with Egg and complain about the conduct of the company they have employed on their behalf.

Also if you have a read of this guidance it gives guidelines on what they should do when asked for account information that you may find useful. It’s available from the OFT website.

Creditor responsibility for third parties

1.9 If consumer credit licence holders choose to do business or continue to do business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question. Our aim is to ensure that creditors do notignore the unfair practices of debt collectors, whether in-house or external, acting on their behalf. It is not for the OFT to specify in this guidance how choices aboutthird party selection are made nor to advise on desired conduct between third

parties. However, during any investigation in this respect, we would expect to see that care had been taken in the selection process, complaints had been investigated and that firm action had been taken as appropriate. It would be unlikely that we would take action against a creditor who could demonstrate such action had been taken

Rosy

[alfwithhair]

Would the DCA be Lowells or Cabot by any chance?

[BRIGADIER2JCS]

THE account should be put on hold until the request is met, the point is that enforcement action (Court Claims)

cannot be taken they may continue to ASK for payment!!!

[dx100uk]

the a/c has been sold

so oft 664 is irrelevent.

 

no cca = no pay - simples!

 

all they can do is trash your CRA.

 

dx

[mines a pint]

Would the DCA be Lowells or Cabot by any chance?

 

Thanks peeps,

 

Alf the dca is the clowns at Apex

 

They keep using the remarks of 'spurious' & 'erroneous' with reference to my complaints.

 

I've checked through my spreadsheet as to what payments have been made & when - checking this against what they say I owe shows that ALL payments have been passed to them from Egg. They also state that when they bought the debt any payment arrangement is null & void and that I HAVE to telephone them to negotiate a new arrangement.

 

Since the 12+2 days have expired I've received several

threatening letters ranging from sending someone around, precourt 'team' to we are aware that you are a homeowner.

 

Even though they admit they cant provide the agreement they have only given me 21 days in which to phone them.

[intend]

As DX states - no CCA no pay. Probably bought debt for peanuts - i think that what monkeys eat!!

 

Intend

[rosyb]

If the account has been sold then why is the OP still paying Egg?

Has there been a notice of assignment. I notice the OP says the debt was bought, does this mean that the debt was assigned or the agreement.

I think before we start branding anyone’s advice as irrelevant we should know the facts.

Yes the failure to provide a copy under one of the requirements of the cca does not remove the creditor’s right to demand payment nor does it constitute a dispute, unless accompanied by a positive accusation of incorrect execution of contract

Rosy