I have received a letter from APEX regarding a Capital One debt which is in dispute (due to charges and incorrect balance amount s on each statement) despite this Capital One have sent this to said DCA.

Their letter 'assumes' that I have entered in to a payment plan, the letter I received today is the FIRST letter that I have received from APEX and I have not contacted the DCA in question neither have I entered in to a payment agreement also I have not received a letter from Cap 1 confirming APEX is managing the account etc.

I would like some advise on how to proceed with this?, I have sent APEX a formal complaint by e-mail and have asked for evidence that I agreed to such a payment arrangement when I did not and have no knowledge about, I will wait and see if they respond to me.

I feel that this is a discusting that a DCA should decide a repayment plan without my knowledge/consent, I am looking at forwarding this to the FCA.

Here is the letter I received from APEX

'Your plan

Here is the details of your plan that was created on the 4 August 2016

Installment due date

26th August 2016 £25.00

26th September 2016 £25.00

26th October 2016 £25.00

We have a range of ways for you to make your repayments by the due date each month, which can be found on the reverse of this letter. if you would like the convenience of paying by Direct Debit then we can sent that up for you or you can pay by debit card over the phone.

Terms of this arrangement

Your arrangement requires that we receive your payments by the due date each month, if , for any reason, we don't receive your payments by the agreed dates your plan will cancel.

We do not hold full details of your income and expenditure on our records and we have a responsibility to make sure your plan is affordable and fair. Please complete and return the enclosed budget form so that we can update your account with details of your income and expenses.

If we do not receive your completed form, we'll review your plan after three months to ensure that we have up to dare information regarding your financial situation. This will help to ensure that you are the most suitable payment plan. If for any reason you experience difficulty before this time, please call us so we can help you'

I hope that somebody on the forum can help/advise.

Many Thanks

P.S

I don't now if anybody on the forums is aware but it looks like APEX are part of DLC/Cabot given the address at the bottom of the letter.

Perhaps they do this deliberately to provoke a response ! I suspect it works and some people even admit to the debt in writing restarting the clock in terms of stature baring.

If people complained about underhand tactics, they just say it was sent by mistake.

You don't really need to respond to a DCA, particularly when you know the score. You just open letters and see what they say just in case it is saying a court claim will be issued and not just may be issued.

If you have unresolved issues with CapOne, then you can still take it up with them if you wanted. You have not been advised of any assignment to APEX and therefore CAPOne still own the debt. A creditor can sell a debt that is subject to dispute issue.

When did you last make any payment or use this account ?

I last used the account in October as well as making a payment to bring my account back under it's limit

but Capital One kept adding charges so I was just going round in circles trying to pay this off last year,

also I never received a Default Notice from Capital One despite a Default being recorded on my Credit file

- surely this is wrong on Capital One's behalf as well?.

I last used the account in October as well as making a payment to bring my account back under it's limit but Capital One kept adding charges so I was just going round in circles trying to pay this off last year, also I never received a Default Notice from Capital One despite a Default being recorded on my Credit file - surely this is wrong on Capital One's behalf as well?.

Yes they need to issue a default notice to confirm the default, before your credit file can be noted.

I think you need to get a written complaint registered with CapOne about all the issues you have.

Another letter received from APEX today,

'Re: Capital One

Please find attached a standing order mandate as requested. Please return this to Apex Credit Management signed with all sections completed'

Now I starting to get a tad angry with this lot as I have not entered into a repayment plan (letter received yesterday) and now they have decided that I have requested a standing order mandate when I have not requested such information.

simply ignore apex

they are a dca

a dca is not a bailiff

they don't own the account

apex only chase for clients they are not debt buyers.

carry on with what you were/are doing directly to cap1

Apex are Cabot (next desk jockey) Cabot purchase old debts

go check you credit file?

make sure this hasn't been sold on?