Jump to content


  • Tweets

  • Posts

    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Hello   Thank you for your response, I think I have done this right. My responses are in bold    Name of the Claimant ?  Merligen Investments LTD    Date of issue –   12/11/2019        Particulars of Claim     What is the claim for –  1. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt)   2. Despite formal demand for payment of the debt the defendant has failed to pay   and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78    What is the total value of the claim? £301.57     Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No    Did you inform the claimant of your change of address? no    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? cat debt    When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? Online     Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt purchaser    Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]    Did you receive a Default Notice from the original creditor? No     Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing     Why did you cease payments?  About 3 years ago     What was the date of your last payment? Can’t remember     Was there a dispute with the original creditor that remains unresolved? No dispute     Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no          
    • stick to letters.   look in the debt collection section of our library there is a pro rata letter   send that to everyone.   if they don't agree then we'll deal as and when those that do or do not reply. pay what you say when you said it to show good faith. use BACS transfer via online internerweb portal of your bank ...not DD>   dx  
    • Well I received a reply to my email and I have to say that I'm quite surprised. Maybe Halfords have been taken over by PC World/Currys.     Can we confirm that I understand that you put in all the correct details onto their website and they made the recommendation of a particular set of tyres which you were later told were not suitable for your vehicle?   Can we confirm that you have gone back to the website and you have put in the same details and has come up with the same tyres   What make is your car?
    • Hi @BankFodder and Dx100 thanks for your replies. Well nothing has defaulted yet as I had been able to make payments up until this month for everything. This/next month is when this going to start hitting the fan and I want to  The livelend loan is about a year old.  Bamboo is like a month and I've made one payment Likely a couple of months and I've made two payments.   Aqua credit card I've had for a few years and it started with a smallish limit and they kept increasing it. Say it went to up to 1600 at some point and I used it and paid it back and didn't use it and they increased it a couple of times.   I had always paid it off and had it sitting there doing nothing so they were quite happy I guess. Interestingly they actually cut the limit by 300 to just under 4000 and I got a letter saying after a review they were doing that (I don't know what triggered them to do this). It was only in June that they increased it significantly from approx 2.5k or 3000 to 4100.    Capital One credit card I think they increased it once and again I only used it once and cleared it and then they increased it slightly and I've utilised it all now. I have probably had it a year or so. Paypal credit they just offered me 2.5k limit and I used it for buying things. It was probably opened 18 months ago. I missed payment last month but paid it since. Barclays I've been with for years and am actually premier (lol) and have had loads of money going through my account but never sitting in there for long and I actually don't have to pay anything for my overdraft.   Santander I have had the account for a few years but never really used it too much, it was more of a backup current account and I used it for work once where I needed to keep some things separate. They only recently let me have an overdraft and I it up the wall this month.   @dx100uk Thinking about it I didn't have any real credit for a fairly long time aside from payday loans which I got into a trap with but paid off.    The only thing that was a major negative on my credit file was the closed Halifax account with a balance of between -£3.7k or -£5.2k depending on when they looked at it.   So what I'm saying is I don't think it was shot (though it certainly wasn't good enough to get many "normal" low-interest products.   Bamboo and likely loans are, I imagine, high risk lenders in that they will give them to people with not great credit but with that comes high interest. I think one is 60% and the other 70%! These were used to try and gamble my way out . Nobody sane would take out such loans but as I've admitted I'm deluded. Livelend they were more reasonable around 13%   I feel like I could have a chance with bamboo and likely about irresponsible lending and it doesn't hurt to ask. With everyone else (the credit cards) I think I should just write and offer them £1 a month and say I will review in 6 months (or is it 3? I forget the standard practice).   I didn't realise that considering DRO or BR was "stupid"; The amount I owe feels insurmountable and hence this is why I was considering those options...    Is it better to approach them now or wait for things to default? I don't mind if they pass them off to DCAs but I would prefer to get them to agree to freeze interest so the number owed doesn't rack up.   As I've read countless times DCAs are powerless and have to work with what I offer (which, currently, is basically nothing). I still want to bury my head in the sand but I think for my mental health it would be better to get ahead of things. I guess I shouldn't care about my credit rating now. There's no reason I need to get in this position again. I know that I need to do things in writing and refuse to talk over the phone. Are emails suitable in this day and age or do I need to stick to physical letters? I think that recorded delivery isn't necessary just proof of postage?   Sorry for the long post and I hope I have got my thoughts across.  Thanks again      
  • Our picks

iloveapex

Egg, Apex and credit agreement arrived in post???

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2399 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All, First post so Hello to all.

 

I have ( had ) an Egg account that I opened in 2003.

 

In 2008/2009, I had financial difficulties and all creditor apart from Egg played ball and accepted F+F offers. Reading this forum it seems this is the norm.

 

Egg accepted my token payments of £1 pm as advised by the CCCS.

 

At some point, Egg decided my £1 wasnt enough and told me they were going to pass on my debt.

 

Im not sure exactly how or when that happened.

..Im getting old and my memory isnt what it was and also, I cant find some of my original paperwork.

 

To cut a long story short, I stopped paying Egg and heard nothing.

 

Fast forward to today when I receive a letter from Apex stating that as requested they have attached a copy of my original agreement from Egg

and are asking me to ring them to arrange payment.

 

Whilst I have no intention of ringing them,

Im confused as to why I got sent the letter in the first place along with the copy of my agreement.

Perhaps they realise I would have asked for it and decided to save time!

 

So my questions are, What do I do from here?

and what would normally be accepted by companies such as these if a F+F offer is to be made.

 

Many thanks in advance.

 

jeff.

Share this post


Link to post
Share on other sites

High welcome CAG,

Is this agreement complete, signature, all Ts & Cs etc?

 

If you can please post up a suitably redacted copy of the document received it will be easier to judge its' validity.


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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

*************************************************************

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks for the prompt replies. I have about 25 pages so will scan them ( I can do that ) and ask my son to help convert and upload them. Might take me a little while so bear with me. ;)

Share this post


Link to post
Share on other sites

Ok I don't think you need to do al that, what has been supplied is a ''reconstituted'' agreement which should consist of:

1. The Ts & Cs at the inception of the account.

2. Your name and address at the inception of the aggreement.

3. as above for the creditor.

4. any amendments to the Ts& Cs during the life of the agreement.

5. The Ts & Cs attermination of the agreement.

 

All the details such as interest rates, charges etc MUST be those applying to the original agreement.


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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

OK, Done all that...

I think it all looks in order to my untrained eyes. Only thing that isnt mentioned is the actual credit limit.

[ATTACH]41413[/ATTACH]

Edited by iloveapex

Share this post


Link to post
Share on other sites

is this debt on your credit file?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Just checked and yes it is. Shows as in default, last updated 03/01/2013. Credit report shows it as being in default since March 2010, would this have been possibly when it was transferred from Egg to Apex?

Share this post


Link to post
Share on other sites

yes typically the OC will default the loan prior to selling it to a phishing list buyer

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

when did YOU make your last payment?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Not 100% sure but I was paying Egg. I have made no payments to Apex so if what we said above is correct, then no payments since March 2010.

Share this post


Link to post
Share on other sites

i think you need to SAR EGG

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Just double checked some paperwork and I have a default notice from Egg dating to March 2008.

 

OK, so do I need to send the SAR to Egg or Apex and if Egg, would you happen to know if the Derby address is the correct one?

Share this post


Link to post
Share on other sites

SAR to EGG

 

dx

  • Confused 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

There is no requirement to provide a signed copy. Also with a credit card there is no requirement to provide a credit limit so long as there is something that says how they will decide.

 

All the prescribed terms should be there as well as a heading this is a credit agreement regulated by the cca. between egg and you.

There must also be a box with your rights to cancel.

If it is just an application form it is not enough,the prescribed terms must be in the same document.

 

In order to enforce in court they should have a copy of the signed agreement and as this is before 2004 a computer tick is not enough.


Any opinion I give is from personal experience .

Share this post


Link to post
Share on other sites

if it was an online agreement then no.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

For the OP benefit

 

If you applied online after 2004 then just by ticking a box on your computer you were deemed to have signed. Before 2004 even if you applied online they would have had to send out a valid agreement for you to physically sign


Any opinion I give is from personal experience .

Share this post


Link to post
Share on other sites

@fletch70, I posted the agreement up above, all signed. :(

OK, Done all that...

I think it all looks in order to my untrained eyes. Only thing that isnt mentioned is the actual credit limit.

[ATTACH]41413[/ATTACH]

 

Will SAR Egg. Just need to sort out what address to send it to. From the sticky but from May 2007, it shows address as

 

The Recon Ops & Clearance (DSIR) Team

Egg plc

Point North

Waterfront West

Brierley Hill

West Midlands

DY5 1LU

 

And later in same post, from 2009,

 

Customer Relations Office,

EGG,

Riverside Road,

Pride Park,

Derby,

DE99 3GG

 

I just tried googling and came up with this address so guess its the best one???

 

If your card was closed before November 2011 or was not transferred to Barclaycard, please contact Canada Square Operations (formerly known as Egg Banking plc) at the following address:

 

Canada Square Operations

PO Box 4903

Worthing

BN99 3AR

Share this post


Link to post
Share on other sites

Huge apologies as i missed that. I can not see it clearly but i suspect that what they sent would not comply with a cca request.

In the T&C i can see no mention of payment allocation. Also in the new t&c i can see no mention of penalty charges.

 

However i am reading it quickly on a small tablet.


Any opinion I give is from personal experience .

Share this post


Link to post
Share on other sites

No problems, I appreciate you trying to help. On page 18 I think I see something about how the payments are to be allocated and there are some charges on pages 15 and 19 but these have different values to them.

Share this post


Link to post
Share on other sites

Canada Square at Worthing is the address to fire your SAR off too.

 

Derby closed down last year.

Share this post


Link to post
Share on other sites
Canada Square at Worthing is the address to fire your SAR off too.

 

Derby closed down last year.

 

Many thanks Ken, thought that was the case. Will send it off tomorrow and wait for the reply.

Share this post


Link to post
Share on other sites

I would also send a cca request to apex as that is clearly not compliant with a cca request. There is not the full list of documents as posted by the brigadier.

If i were a cynic i would think they had tried to trick you into thinking they had fulfilled a cca request.


Any opinion I give is from personal experience .

Share this post


Link to post
Share on other sites

I dont think that Apex are Debt Purchasers - they just act on behalf of the original creditor. So unless you have received a Notice of Assignment from Apex, then they are simply acting as a 3rd party collector.

 

You might want to establish the true position - amend where necessary and send the letter below to Apex for confirmation.

 

 

 

[ATTACH]41451[/ATTACH]


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
I would also send a cca request to apex as that is clearly not compliant with a cca request. There is not the full list of documents as posted by the brigadier.

If i were a cynic i would think they had tried to trick you into thinking they had fulfilled a cca request.

 

I didnt actually contact Apex with a CCA request, I just got the letter and copy of agreement out of the blue.

 

I dont think that Apex are Debt Purchasers - they just act on behalf of the original creditor. So unless you have received a Notice of Assignment from Apex, then they are simply acting as a 3rd party collector.

 

You might want to establish the true position - amend where necessary and send the letter below to Apex for confirmation.

 

 

 

[ATTACH]41451[/ATTACH]

 

Will send Apex the request for assignment, SAR to Egg ready to post. Might as well send both together.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...