To wait or not to wait.. that is the question...?

[jon1965]

Re: To wait or not to wait.. that is the question...?

IMHO there is normally some communication when you first stop paying. When it is passed to another dca or debt purchaser it is very tempting to ignore them but that only leads to more aggro. If you have a valid reason , even if its just an opinion it is always best to let them know in vague terms.

[oldbloke1]

Re: To wait or not to wait.. that is the question...?

An interesting twist in this matter. One of the defaults was recorded at Experian as "A Bank". I assumed that this was my old bank to which I sent a F&F in 2008.

I have been in rented house since my return to the UK and I was made aware by neighbours that the guy renting here a few years back had a bankrupt issues. Could be complete hearsay of course.

I letter arrived this morning that was unsealed but addressed to that Resident from 3 years back. It contained my letter and the £1 PO I sent with a handwritten compliments slip from APEX stating "The 3 accounts we held for you are closed, confirmation of this has been sent"

Could they have assigned a debt for another person to me ? Seems unlikely! Could they be trying to get me to acknowledge the debt ?

I am thinking of writing to them to ask them to clarify exactly what they have on record under The Data Protection Act............ Opinions please........ Apart from "It was Mr Plum in the Library with a candlestick"

OB1

[wales01man]

Re: To wait or not to wait.. that is the question...?

Why are they sending a letter addressed to someone else with your letter in it?

[oldbloke1]

Re: To wait or not to wait.. that is the question...?

They sent my letter back with the PO and a compliments slip with the hand written note on it. I am assuming that they didnt read the name at the bottom of the letter and just searched on the address. I am guessing they had a trace on the address for 3 accounts with the other guys name and replied as they did. Now i dont know how to say to them. "HEY DICK HEADS LOOK AT THE NAME"

I will wait until the 14 days are up and send them a reminder with my name in capitals and bold.

OB1

[FlamingParrot]

Re: To wait or not to wait.. that is the question...?

An interesting twist in this matter. One of the defaults was recorded at Experian as "A Bank". I assumed that this was my old bank to which I sent a F&F in 2008.

I have been in rented house since my return to the UK and I was made aware by neighbours that the guy renting here a few years back had a bankrupt issues. Could be complete hearsay of course.

I letter arrived this morning that was unsealed but addressed to that Resident from 3 years back. It contained my letter and the £1 PO I sent with a handwritten compliments slip from APEX stating "The 3 accounts we held for you are closed, confirmation of this has been sent"

Did the send an UNSEALED letter with a PO and that information inside? Sounds rather unusual. :noidea:

Could they have assigned a debt for another person to me ? Seems unlikely! Could they be trying to get me to acknowledge the debt ?

If they were trying to get you to acknowledge they would be offering you a generous discount, not telling you the accounts are closed!

Even if the person who previously lived in your house had debt issues, there are dozens of DCAs out there, it sounds rather strange that he should have had dealings with Apex who have also bought your debt. :confused2:

I am thinking of writing to them to ask them to clarify exactly what they have on record under The Data Protection Act............ Opinions please........ Apart from "It was Mr Plum in the Library with a candlestick"

OB1

You mean sending a SAR? DCAs don't normally hold a lot of information about the accounts they buy, they buy them in bulk.

I would be inclined to just write back to them saying they seem to have mistaken you with someone else, attaching you CCA request and PO and asking them to action it.

[oldbloke1]

Re: To wait or not to wait.. that is the question...?

thanks Flaming Parrot for your advice. I will write as you advise. It appears to be the correct course all things considered.

OB1

[oldbloke1]

Re: To wait or not to wait.. that is the question...?

I sent the reply to Apex as suggested by members here and received a reply after 5 working days. My PO was returned with my letter and a hand written "with compliments slip" - "Unable to locate your account with the information provided. Please confirm an Apex reference number, many thanks" -
I sent them the CCA request with my name and address and the alleged outstanding ammount. Do I need to send them my DoB? I have no idea what the account number is as I have not received anything from them. I only have the detils they have recorded the 'Default' with and that has the ammount and date entered but no account reference.
Have i given them enough under the CCA? and how should I reply to this latest STALL tactic. Surely the matter must be unenforceable if they cant find the account.

OB1

[oldbloke1]

Re: To wait or not to wait.. that is the question...?

One thing I have noticed with this. One of them wrote back to me saying that the deafult was passed to them when they bought the account and that the original creditor is not obliged to give them the original default notice which is why they cannot send it to me. My observation is that they ( the DCA) are shown as the compnay that defaulted me on the Experian entry. They also sent me a letter saying that under the DPA they are now the controller of my account. Surely under the terms of the DPA the Data Controller is legaly responsible for ensuring that data is "Accurate, Relevant and up to date". If they dont have the default notice how can they confirm that this is the case. Is the default and therefore their data "Accurate, Relevant and up to date" I suggest not.

Thoughts?

[MIKE770]

Re: To wait or not to wait.. that is the question...?

Default Notices are only recorded on file of date issued, copies need not be held and sent, some cases reconstructed copy Default Notices are sent, it seems. but if you got one and can produce it if there is a fault then the onus is on you to say so in any event, but if a case went to court I would only then disclose faulty Default Notice and quote Brandon case in statement. just my thoughts.

It seems a default notice can be corrected at any time by issuing another?

[oldbloke1]

Re: To wait or not to wait.. that is the question...?

My point is that they are the data conroller and therefore by law are responsible for ensuring that the data is accurate. If they dont have the details of the default, such as the date it was issued and the date of last contractural payment, how can they say their data is up to date and accurate?