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    • Hi   I assume it is this link if you could clarify:    Nest | nest.gov.wales NEST.GOV.WALES Welsh Government Warm Homes Nest Scheme    
    • Me Borrowed a large sum from someone.  Was unsecured.  Couldn't repay. So they got a ccj. Can't pay that either. So they applied to my bank with an interim 3rd party court order to "freeze" account.   Assume they think I'm hiding a ton of £s - which I am not.   I have no savings and barely any £s per month.  So just am curious what will happen next?  
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    • Hi   As promised here is a response I have put together for you please fully amend as required   Dear XXXXXXXXXX   Complaint Reference: XXXXXXXXXXXXX   Further to your correspondence on XX/XX/2021 I find your response unacceptable for the following reasons:   You felt there was a data breach due to maladministration as we had the incorrect email address for you. As previously advised, the email was not sent to another individual but was undelivered due to having the incorrect email address. I   have requested a copy of the undeliverable message from our IT team. Once this has been received, I   will forward it to you. This has not been reported to our data protection officer as there was no breach. I  did also try to contact you by telephone to get the correct email address after it was returned to us, but there was no answer   I disagree with the above for the following reasons:   a) The Housing Association that sent it to the incorrect email address  b) The Housing Association were fully aware of my email address as you have been responding to myself at my email address even when I initially reported this and had a response from your online portal. c) This was a potential Data Protection Breach irrespective that it was undelivered and should therefore be reported to your data protection officer. d) You were responding to my emails at the correct email address and the as previously stated when I initially report this and got a response from your online portal to my email address, you incorrectly sent the response to an email address due to typo errors in that email address by the individual that sent.  e) If the individual that sent that email to the incorrect email address due to typo errors was yourself then you have a Conflict of Interest in dealing with this matter as it involves yourself and someone else should be responding to that matter therefore I require clarification if it was indeed yourself that sent the email to the incorrect email address.   You feel that this should be a stage 2 as your response was out of time due to having the incorrect email address. 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You are aware when you take on your tenancy that your personal belongings are your responsibility to repair and maintain, not A2Dominions. As such, any insurance to cover these items would have to be arranged by the tenant. There is no requirement for us to advise of this. Your tenancy agreement gives a comprehensive overview of what is A2Dominion responsibility. Should you have any queries about these. you can refer to the document   I disagree with the above for the following reasons:   a) As I was not aware of this by your staff when I took out this tenancy but you point out I was made aware therefore I would like to be provided with evidence from my housing file that I was informed of this when signing this tenancy agreement. If you cannot provide this then you cannot state that I was made aware at the time of taking up this tenancy. b) You point out their is no requirement for you to advise of this which I find astounding for any Housing Association to state this as they should be making any new tenant fully aware that Contents Insurance is required and the reason.   I  have been informed that the flood affected many members of the community that day. There were so many people affected that a local support group was also set up. This shows that the issue was widespread, not just limited to affecting your property and also proves that the issue stemmed from a wider mains issue. I do appreciate that there was a blockage in your drain which exacerbated the issue within your property, but as advised in my stage 1 response, this was attended within our urgent call out timeframe of 24 hrs. This was then passed back to Pyramid Plus as they were unable to dear the blockage, and follow on works were arranged. We are unable to attend to issues until we know about them, and we attended as soon as this was reported to us.   I disagree with the above for the following reasons:   a) In a previous response you blamed the mains water companies issue therefore not the Housings issue now you have changed it to a wider mains issue yet as I preciously asked to be provided with evidence again you have failed to provide that evidence. b) The blockage which you have previously been in denial about and suddenly admitted and openly blamed the main previously you have know admitted. As this blockage I within your property boundaries and is inside internal in my property the Housing is responsible for that issue and the further damage caused. In reference to your request for the previous reports by other residents, we would be unable to provide that information to you. We cannot discuss any reports by other residents under any circumstances   I disagree with the above for the following reason:   a) My request for how may tenants have complained about this you previously stated 'your system does not allow you to find this information' and now it is 'we cannot discuss reports made by other residents under any circumstances' I find this completely unacceptable as I did not ask this I only ask how many tenants had complaint about this issue whether it be one or ten as an example how difficult can it be as this does not breach any data protection laws and if you still insist on this approach then you can provide my with with full and I do mean full clarification as to your reason with which article and section of the data protection act you are using for your failure to comply with a reasonable request and your failure still to explain FOI.    
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Apex Discovery Solutions 'found' me but I haven't answered them yet - CCA them?


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Hi, I hope someone can help me.

 

Apex have sent a letter to 'occupier' at the address of a room I am renting, to see if they know of my whereabouts or whether I live here.

 

Due to a disastrous financial failure (job loss, flat loss, partner loss etc) I have stopped paying a Halifax card about a year ago. But, there is not any evidence in the letter if this is regarding that specifically, and they can't even confirm I am here or not.

 

I have no money and am now a student (not even working yet)... I want to come clean with them finally and offer what I can (which is nearly nil, but even if a judge decides on £10 a month I'll do what I can).

 

My question is, do I send them a CCA request even though I don't know precisely what / who they are collecting for, nor have they confirmed my identity at this address?

 

> My landlady is about 70, and opened the letter saying to call an 0844 number *immediately* if they have any information about me... naturally she thinks the CIA or something is after me so I don't want them to start harassing her or me by sending more scary letters like this that she will open.

 

Should I send them a CCA request, fessing up they found me, but not referring to any specific debt/card, leaving it to THEM to identify whom they represent?

 

Thanks for your help! :)

 

(It's probably about £1500 that I owe)

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Send them this:

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

  • Haha 2

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thanks harassed senior, I think that will be very useful!

 

They haven't even said they are trying to collect on a debt yet, they are trying to confirm whether I even live here or not... it is addressed to 'occupier' and just says 'We are attempting to contact the above named person regarding a personal matter and we have been provided your address as being the possible residential details for our subject"

 

"our subject"? is this a letter from Her Majesty The Queen?

 

But seriously, how legal is this, that they demand "occupier" call them "immediately" (which is bold and underlined) regarding a third party?

 

It's a major psychological scare tactic, and I doubt its legality the more I think about it. Why aren't they just sending a letter TO ME at this address????

 

Something is very rotten here.

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Don't forget to send it recorded delivery keeping a copy with your postal receipt.

 

Make a complaint to yours and thier TS and the OFT re them sending a letter to 'the occupier', it's against OFT guidlines to do this ;)

 

Good luck and best wishes :)

  • Haha 1

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Don't forget to send it recorded delivery keeping a copy with your postal receipt.

 

Make a complaint to yours and thier TS and the OFT re them sending a letter to 'the occupier', it's against OFT guidlines to do this ;)

 

Good luck and best wishes :)

 

yes babybear39, I was just thinking the same thing as you can see from my last post... I think I am going to get cracking on those complaints letters immediately, this has really upset my landlady and I had to do a real raindance to calm her down yesterday :(

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I agree with you, but they never go the sensible and pleasant route why be nice when they can be down right nasty and rude:(

 

I would say this is almost definitely some kind of DCA as I have seen this on several occasions and it almost always proves to be so.

 

When you have contacted them and get a reply identifying themselves, I would then report them to OFT: Trading Standards and ICO. This kind of approach is being frowned on at the moment and the more people that complain the better.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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snap BB;)

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Great minds and such...

 

*BB dusts the cobwebs off*

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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This forum is ace.

 

Here's my letter to them so far:

 

Dear Sir/Madam

 

Reference no: XXXXXX

 

You have contacted the owner of the property where I am residing, referring to them as “occupier”, regarding the above reference number.

 

I would point out that I have no knowledge of any ‘personal matters’ with, or debt being owed to, Apex Discovery Solutions.

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Contacting anyone other than myself at this address is tantamount to physical / psychological harassment and will be treated as such. I am reporting your conduct to the OFT as a result of your actions in this instance.

 

I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for any debt or involvement in any ‘personal matters’ with yourselves in question.

 

I await your written confirmation that this matter will be handled with respect for the guidelines set out by the OFT going forward.

 

I look forward to your reply.

 

Yours faithfully

 

( NO SIGNATURES! )

 

 

Mrs XXXXX

 

CC: OFT, London EC4BXXX

 

 

...any other suggestions? :)

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This forum is ace.

 

Here's my letter to them so far:

 

Dear Sir/Madam

 

Reference no: XXXXXX

 

You have contacted the owner of the property where I am residing, referring to them as “occupier”, regarding the above reference number.

 

I would point out that I have no knowledge of any ‘personal matters’ with, or debt being owed to, Apex Discovery Solutions.

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Contacting anyone other than myself at this address is tantamount to physical / psychological harassment and will be treated as such. I am reporting your conduct to the OFT as a result of your actions in this instance.

 

I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for any debt or involvement in any ‘personal matters’ with yourselves in question.

 

I await your written confirmation that this matter will be handled with respect for the guidelines set out by the OFT going forward.

 

I look forward to your reply.

 

Yours faithfully

 

( NO SIGNATURES! )

 

 

Mrs XXXXX

 

CC: OFT, London EC4BXXX

 

 

...any other suggestions? :)

 

Get rid of the red bits as you 'don't know it's a debt' ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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update 1: of course the cheeky beggars sent another one off the next day which arrived today... once explaining how out of order they are to my landlady she totally understood & just laughed about it.

 

both my letter to them, and my complaint form to the OFT, went out today :cool:

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Let's hope someone that can read and understand opens your letters :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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It won't be long before we will have a translation book of the 'written word' into English that can be understood by DCAs and 'some' other office staff.:confused:

 

I know I am of a great age when we actually learnt how to write and speak English as a child, but the things I see now make me cringe (oh er is that spelt correctly)

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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  • 3 months later...

Hi, thanks for asking.

 

I wrote and told them how not on it was, and that I was reporting them to the OFT (which I did, forms and all), and never heard from them again.

 

Yet the OFT said they couldn't do anything for me since I was filing as an individual, but that they had no existing record of this firm acting inappropriately/illegally... but that doesn't mean they haven't been flagged up either.

 

Apex appear to have sold it on to someone else (Lewis something, I think?) whom seem to be trying to do things by the letter - I did the CCA request, etc., to which they replied my account is "on hold" for 28 days until they can deal with it.

 

I'll check who it was and post to see what other people's experiences have been with this new firm. They are, for a DCA, seemingly rather civilised at this point!

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