Apex Credit Mgt Reply to my CCA Request - what do i do?

[Smilesallround]

Can people help me please i dont know what to do next:

I sent a CCA request to Apex Credit management who seem to be the DCA for my debt with the Santander (original creditor). Their response to my request was the following:

Dear xxxxx,

Further to your letter dated 15th April the contents have been noted.

Apex Credit Mgt are not the data holding branch and are therefore not obliged to supply the data you have requested, this information should be requested from our clients.

Please contact our client directly for a copy of your credit agreement with the statutory fee. Our clients address is ......



Now what do i do this sounds abit fishy..........i thought they have purchased the debt from Santander so why i they saying they are not obliged to send me this data. Or does the debt still remain with Santander??

[gravytrain]

Re: Apex Credit Mgt Reply to my CCA Request - what do i do?

Can people help me please i dont know what to do next:

I sent a CCA request to Apex Credit management who seem to be the DCA for my debt with the Santander (original creditor). Their response to my request was the following:

Dear xxxxx,

Further to your letter dated 15th April the contents have been noted.

Apex Credit Mgt are not the data holding branch and are therefore not obliged to supply the data you have requested, this information should be requested from our clients.

Please contact our client directly for a copy of your credit agreement with the statutory fee. Our clients address is ......



Now what do i do this sounds abit fishy..........i thought they have purchased the debt from Santander so why i they saying they are not obliged to send me this data. Or does the debt still remain with Santander??

You need to remind them of section 175 of the Consumer Credit Act which states that as agents of the creditor they have a contractual duty to transmit the notice to them.

If they had purchased the debt the would have acquired all duties including those of supplying notices.

[FlamingParrot]

Re: Apex Credit Mgt Reply to my CCA Request - what do i do?

Can people help me please i dont know what to do next:

I sent a CCA request to Apex Credit management who seem to be the DCA for my debt with the Santander (original creditor). Their response to my request was the following:

Dear xxxxx,

Further to your letter dated 15th April the contents have been noted.

Apex Credit Mgt are not the data holding branch and are therefore not obliged to supply the data you have requested, this information should be requested from our clients.

Please contact our client directly for a copy of your credit agreement with the statutory fee. Our clients address is ......

Now what do i do this sounds abit fishy..........i thought they have purchased the debt from Santander so why i they saying they are not obliged to send me this data. Or does the debt still remain with Santander??

Did you ever receive a Notice of Assignment? When a debt is sold, a NoA should be sent to the debtor to notify them of the assignment. Apex are debt collectors rather than debt purchasers so they may just be acting for Santander, especially as they keep referring to their client on their letter.

You should send them a letter pointing out their duties, whether they are acting for their client or have purchased the debt.

Dear Sirs

Account No:

I recently requested that you supply me a copy of the alleged Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Attached is a copy of my original request and the original payment in the sum of £1.00, which is the statutory fee - remember these funds are not to be used for any other purpose.

Yours faithfully,

[Smilesallround]

Re: Apex Credit Mgt Reply to my CCA Request - what do i do?

Well they kept the postal order and only sent a reply of the above. so i have sent them a response letter telling them their responsbility.