Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

[Smilesallround]

Apex Credit Management have replied for the second time to my CCA request with the same response.
They told me the first time they were not obliged to supply me with the data as the information should be requested from Santander. I wrote to them informing them of their obligation as they are acting on behalf of Santander.
Their second response was:

Dear xxxxx,
Further to your letter dated 20th April 2013, the contents have been noted.
Please be advised we have notified clients but Apex Credt Mgt are not the data holding branch and are therefore not obliged to supply the data you have requested, this infomation should be requested from them.
Please contact our clients Santander.

yours sincerley xxxx

What on earth shall i do now it is costing me money sending out recorded delivery, all i want is my CCA agreement.
HELP!

[Nibbler]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

I wouldn't waste any more postal costs on this bunch of fools.

email address in this link http://www.csa-uk.com/uk-members-lis...management-ltd

[FORCEOFONE]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

Has the account been assigned to APEX, or are the just collecting on behalf of santandar ??

Just need confirmation again

[FlamingParrot]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

Apex Credit Management have replied for the second time to my CCA request with the same response.
They told me the first time they were not obliged to supply me with the data as the information should be requested from Santander. I wrote to them informing them of their obligation as they are acting on behalf of Santander.
Their second response was:

Dear xxxxx,
Further to your letter dated 20th April 2013, the contents have been noted.
Please be advised we have notified clients but Apex Credt Mgt are not the data holding branch and are therefore not obliged to supply the data you have requested, this infomation should be requested from them.
Please contact our clients Santander.

yours sincerley xxxx

What on earth shall i do now it is costing me money sending out recorded delivery, all i want is my CCA agreement.
HELP!

I take it you've sent them the letter I suggested, making them aware of their obligations. By the sounds of it, Apex are just acting for Santander. You could, of course, ignore them and wait for the next lot to chase you and, should Apex contact you again, state the account is unenforceable because they've failed your s.78 request. However, if you want to know where you stand with this account in terms of enforceability, you could send the CCA request directly to Santander, as the original creditor they can't get out of their obligation to supply it. Then if you hear from Apex or any other DCA before they respond, you just refer them to your unfulfilled s.78 request.

It's always a good idea to be covered by a CCA request in case someone starts proceedings, also for your own peace of mind. It's different when you are dealing with a debt purchaser that has absolute assignment of the debt, in which case they are the creditor, however, if they are just asking for their client, they can just return the account to Santander and their responsibility for the account will end there.

Without a Notice of Assignment, you should assume Santander still own this debt and go back to them with your CCA request. You should still send it Recorded Delivery so you have proof, Santander will have to comply or the account will be UE! :grin:

[pt2537]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

Has the account been assigned to APEX, or are the just collecting on behalf of santandar ??

Just need confirmation again

doesnt matter, if its assigned then they are the creditor see Jones v Link Financial Limited or if they are agents then there is a duty within the Consumer Credit Act to refer any requests under the statute to the creditor. Either way, they must address the issue.

[FORCEOFONE]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

That is how i understand it

Whoever is demanding payment from you is seen as the creditor, be it the account has been assigned or not, and the collection agency takes on the responsibilities of the original creditor when demanding any sort or payment

Am i correct in that reasoning??

[FlamingParrot]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

That is how i understand it

Whoever is demanding payment from you is seen as the creditor, be it the account has been assigned or not, and the collection agency takes on the responsibilities of the original creditor when demanding any sort or payment

Am i correct in that reasoning??

You are correct and if memory serves me, the OP must have sent a letter saying exactly that and quoting the relevant legislation. I was just suggesting that, from a practical point of view, he could send the CCA request to the OC if he really wants to find out what sort of documents they have, as opposed to just fending Apex off, rather than wasting more time and money with them, who can just return the account to Santander, when he'd be back to square one.

[gravytrain]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

Not strictly speaking.
Section 189 defines creditor as being the person to whom rights and duties have been assigned by operation of law.

This would mean legal assignment, a DCA acting as agent would not be classed as creditor under the act. Although they would have to pass on requests to the creditor via section 175.

Incidentally this was the issue in the fore mentioned case because under common law, of course duties under a contract cannot be transferred.

[PlanB]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

they are acting on behalf of Santander. . . all i want is my CCA agreement

What kind of account is this?

Was it an old store card which had been upgraded to a credit card and then bought by Santander Or is it a bank account?

[pt2537]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

Not strictly speaking.
Section 189 defines creditor as being the person to whom rights and duties have been assigned by operation of law.

This would mean legal assignment, a DCA acting as agent would not be classed as creditor under the act. Although they would have to pass on requests to the creditor via section 175.

Incidentally this was the issue in the fore mentioned case because under common law, of course duties under a contract cannot be transferred.

Its unlikely the assignment would be equitable though, so its either going to be that they are the creditor under a legal assignment within the LOPA 1925 or they are the creditors agents so caught by 175

[gravytrain]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

Its unlikely the assignment would be equitable though, so its either going to be that they are the creditor under a legal assignment within the LOPA 1925 or they are the creditors agents so caught by 175

Yes . Forceofones question was,"Whoever is demanding payment from you is seen as the creditor, be it the account has been assigned or not"

My point was that if the agreement has not been assigned the DCA is not the creditor under the act.

[FlamingParrot]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

What kind of account is this?

Was it an old store card which had been upgraded to a credit card and then bought by Santander Or is it a bank account?

If it had been a bank account they would have replied saying the CCA doesn't apply to overdrafts :blah: :blah: :blah:

This was the other thread, but the OP didn't specify the nature of the account with Satan's Den: http://www.legalbeagles.info/forums/...t-what-do-i-do :noidea:

Yes . Forceofones question was,"Whoever is demanding payment from you is seen as the creditor, be it the account has been assigned or not"

My point was that if the agreement has not been assigned the DCA is not the creditor under the act.

This was the letter in question: http://www.legalbeagles.info/forums/...130#post335130

[gravytrain]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

If it had been a bank account they would have replied saying the CCA doesn't apply to overdrafts :blah: :blah: :blah:

This was the other thread, but the OP didn't specify the nature of the account with Satan's Den: http://www.legalbeagles.info/forums/...t-what-do-i-do :noidea:
This was the letter in question: http://www.legalbeagles.info/forums/...130#post335130

Yes that's Fine although section 175 would apply if the was no assignment at all of course and the DCA was merely acting as an agent to collect the debt.

[FORCEOFONE]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

Thanks people

It is appreciated

So by absolute or equitable assignment, Jones v Link financial is the case law to support that the collection agency is the creditor in complying with a s.77-s.78 Request

If the collection agency is only collecting on behalf of the creditor, s.75 CCA 1974 (As Amended) will apply in that the collection agency will have a lawful duty to pass on that request

Am i correct ???

[gravytrain]

Re: Apex Credit Mgt Reply to my CCA Request for the second time - what do i do?

Thanks people

It is appreciated

So by absolute or equitable assignment, Jones v Link financial is the case law to support that the collection agency is the creditor in complying with a s.77-s.78 Request

If the collection agency is only collecting on behalf of the creditor, s.75 CCA 1974 (As Amended) will apply in that the collection agency will have a lawful duty to pass on that request

Am i correct ???

Yes broadly. Although technically the assignee would only become creditor on a legal or absolute assignment, given that the only difference between the two is the issuance of notice to the debtor.

Also it should be noted as a student of the law that this does not reflect a change in the position of common law where duties under a contract cannot be assigned, as it is only the transfer of duties under the statute which are effected here.