Apex Discovery Solutions 'found' me but I haven't answered them yet - CCA them?

[bronwyn99]

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)

[harrassed senior]

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**

[bronwyn99]

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.

[babybear39]

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

[bronwyn99]

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

[harrassed senior]

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.

[harrassed senior]

snap BB;)

[babybear39]

Great minds and such...

 

*BB dusts the cobwebs off*

[bronwyn99]

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?

[babybear39]

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'

[bronwyn99]

mmm hmmm, yes! consider them out.

[bronwyn99]

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

[babybear39]

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

[bronwyn99]

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

 

this really made me LOL! yeah, there are an awful lot of BIG WORDS in there.

[harrassed senior]

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.

 

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)

[robcyoung]

hello i was just wondering what the outcome of this was.

did you hear from apex again

[bronwyn99]

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!