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John Stevens

Egg card been in default for 4 years, letter from Apex?

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Hi all,

Some years ago I had major financial and personal problems. Managing to get myself on my feet again but am worried about this outstanding account.

 

Pretty much all of my other debtors agreed to a one off payment to close my accounts after months of offers and writing letters. Egg did not accept my offer.

 

I had been paying them a small sum each month ( as I had with my other debtors ) and then suddenly out of the blue, my account was passed to a company called Apex. I stopped my payments to Egg and waited for Apex to contact me.

Nothing has happened for about 2 years.

 

I checked on my credit file and although the account is in default and has been since around 2008, it shows as still being active and each month as no payments have been made, a D is shown in the payments table.

 

I have just received a statement from Apex telling me the account is still outstanding but at the bottom of the letter it says for information only, no action required.

In with the statement were a few photo copied flyers from debt management comapnies telling me to pay my debts etc and a ways to pay note.

 

Im confused. I havent had any communication from Apex till now. I havent made any payments on the account for about 2 years.

 

If the account is in default, will it automatically get written off after 6 years or does the account need to be closed to do this? Am I getting this confused with defaults on the credit file?

 

I really dont want to get back in to the writing of letters again. The whole episode was very stressfull back in 2008 and made me quite ill. I dont want to go there again.

 

I realise ignoring it might not be the best option but part of me just wants this to all go away. Head in the sand and all that....

 

The outstanding amount is only about £700 but I just dont have the money or the means to pay it off. Its taken years of careful budgeting to get where I am and I simply do not have the means to pay.

 

Any advice greatly appreciated and received!

Edited by John Stevens
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I believe the 6 year rule is this - if the debt is inactive for 6 years then it is erased from your file. I think the issue that you have is that you have been paying it, so i think (don't quote me on this) that the debt will disappear 6 years from the last payment. You can check this by going onto your credit file (like equifax) and selecting the account. It should say a date that this account will be on your file until.

 

The second issue you have is Apex. If egg have passed the debt on under the name apex, then this may start a new marker/creditor name on your file - which will begin a new 6 years. Additionally, this will be the case if the debt is passed to a collector.

 

If a company is not conatcting you and you have the guts to sit and wait it out, then good for you - as even paying them will still mean it will take 6 years + for the bad credit to come off your file. However, if a company is beginning to contact you, I would seriously think about paying as they can take you to court. You could call them and ask for a payment plan.

 

Take a good long look at your credit file to try to get your head around it! Hope this helps?

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Inactive is not necessarily going to get the cra entry rmoved, all default entries are removed after 6 years paid or not, but that does not mean the debt is statute barred, there cannot have been any payment or written acknoeledgment for 6 clear years, if any payment has been made the 6 year clock is restarted.

 

THE sale or assignment of a debt to 3rd party DOES NOT RESET THE ORIGINAL DEFAULT DATE OR THE SIX YEAR CLOCK FOR SB.##

 

JOHN, your best bet it to send Apex the prove it letter from the Cag library.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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