Apex Credit Management - strange reply to CCA request. ** SUCCESSFUL OUTCOME **

[Writerchris]

Hi All,

 

My wife closed her Santander account and forgot about a direct debit of £20. Santander bounced the DD and charged her about £110 in total. She offered to pay the direct debit cost but disputed the charges. silence ensued until she got a threatening letter from Apex Credit Management Ltd asking for £550!

 

We sent them a CCA request, including £1 postal order etc via signed for mail and we've they've replied with a signed for letter stating:

 

"Thank you for your letter dated ... the contents of which have been duly noted.

Our records show that we have not received written authority to deal with an appointed third party on the above account. Please forward authorisation so that we can forward any requested information to you."

 

 

Anyone got a clue what they are on about? How should we respond?

 

Thanks in anticipation!

[citizenB]

What exactly did you write in your original letter.. I agree there reply is a bit wierd ?

[Writerchris]

Standard CCA letter (as far as I know!) Thanks

[Writerchris]

first half of letter as it's not opening in the above post...

[Writerchris]

Anyone got any advice as to how I should respond to their bizarre letter please?

[chattanooga]

It looks to me like a slimy attempt to get you to phone them, nothing more.

 

£550 for a £20 DD bounce is truly laughable.

[questioner]

I think I would write back threatening them with an FOS investigation, which may end up costing them a few bob...

[Writerchris]

So no need to resend them the cca request? (they sent it back with their letter).

[AndyOrch]

Have they cashed your payment?

 

Andy

[Writerchris]

Hi Andy,

 

Nope they returned the £1 postal Order, the CCA request letter and included their strange letter stating "Thank you for your letter dated ... the contents of which have been duly noted.

Our records show that we have not received written authority to deal with an appointed third party on the above account. Please forward authorisation so that we can forward any requested information to you."

[Writerchris]

Aha! Think I've just figured it out - Apex sent the original letter to my wife under her maiden name as she had her Santander account before we got married (married last august). When I wrote to them with the CCA request I put her married name. They must be viewing that as the third part ergo if I resend the CCA request in her maiden name that should work?

[AndyOrch]

They have returned it Chris because its an overdraft, (even with the incorrect name) CCA requests are not applicable to current accounts.

 

Regards

 

Andy

[Writerchris]

Thanks Andy,

 

So what's the best way to fight it? I got my initial info a bit wrong. It wasn't a bounced direct debit, she'd forgotten that her Santander card number was linked to her amazon account and bought something for about £20. They whopped on £100 or so in charges, she was closing the account anyway so told them she'd pay the £20. They've passed it on to Apex who now claim they wan't £550. Doesn't seem fair that £20 last year can turn into demands for £550?

 

thanks for all the help

[AndyOrch]

Have Santy advised of any assignment or do they still own it? Apex know you are on the ball so I would just file it for now, no paperwork can be disclosed for an O/D so they cant prove it.Retain all statements from Santy and watch for any interest being applied to the debt.

 

Andy

[Writerchris]

Santy haven't advised anything. Wife joined LloydsTSB and they said they'd close the Santander account. She deleted it from her online banking and heard nothing more from Santy. Then in October the Apex letter turns up. So we just await developments? She doesn't get statements from Santy since the account shut so we can't see how it got to the alleged £550 level or check interest/what they're doing with it now.

[AndyOrch]

Did you receive conformation of the closure from Santy ? More importantly did you not receive a termination notice of the account closure and request for any outstanding balance? You could DSAR Santy this will give conformation of how the debt as accumulated and could prove handy if this progresses any further.Costs £10.

[Writerchris]

Nothing received from Santy. Possibly things were sent to my wife's ex flat (she moved in with me when we got married). She's been back and checked mail but hasn't seen any Santy letters (some things may have been missed/returned as the post arrives in a central lobby area). Thanks very mcuh for the advice. So ignore Apex, DSAR Santy and go from there?

 

Cheeers

[Writerchris]

Nothing received from Santy. Possibly things were sent to my wife's ex flat (she moved in with me when we got married). She's been back and checked mail but hasn't seen any Santy letters (some things may have been missed/returned as the post arrives in a central lobby area). Thanks very mcuh for the advice. So ignore Apex, DSAR Santy and go from there?

 

Cheeers

[AndyOrch]

Thats all you can do Chris at this stage, Apex don't know what day of the week it is so deal with the OC on resolving this matter.

Retain all paper trail because sometimes your DSAR request may trigger litigation.Knee jerk reaction, but hardly likely for the amount involved,Also check her CRAs see if they have defaulted her.All bases covered then.

 

Regards

 

Andy

[Writerchris]

Hullo!

 

Well I DSARed Santander (and Apex) and received no reply from either. My wife receieved

 

 

from Santander today.

 

Any advice on how to proceed?

 

 

Thanks as ever!

[citizenB]

So you are still waiting on the Subject Access Request ? Has the 40 calendar timeline passed ?

 

Did you check the request had been received (if you sent it special/recorded delivery)

 

If you sent hte payment by Postal order you can check if it has been cashed by telephoning the number on the receipt

 

If you sent it by cheque then you should check with your bank/statement.

[Writerchris]

Hi Thanks for the reply,

 

It's about 70 days since the request was sent (early December). Sent a postal order and via recorded delivery - wife can't find recorded deliver or postal order receipt - doh!

 

Guess I should re DSAR Santander (this time keeping the proof!) Inform "Clarity Credit" that Santander have been Dsared and wait for developments?

[citizenB]

Oops.. it might be worth sending a failed DSAR letter to Santander and see what htey have to say. I imagine as the letter hasnt been returned to you then they have received it.

 

It is important that you keep all receipts for proof.

 

When I send letters that contain postal orders - I always put the PO number within the letter and add a note at the bottom of the letter to confirm that it will be sent by a tracked method.

[Writerchris]

Thanks for the advice - shall do! Is their a template for a failed DSAR letter?

[ScarletPimpernel]

Thanks for the advice - shall do! Is their a template for a failed DSAR letter?

 

Try something like:

 

 

 

Dear Sirs

 

Account no: xxxxxx

 

LETTER BEFORE ACTION

 

On (date) I sent to you, by recorded delivery, a Subject Access Request pursuant to s.7 Data Protection Act 1998, together with the statutory fee for same.

 

You will be aware that such a request must be fulfilled within 40 calendar days.

 

To date I have not received either disclosure of the data you hold on me, nor have I had the courtesy of an acknowledgement or explanation for your non-disclosure.

 

Take notice that should you fail to discharge your statutory obligation within the next 14 days, I will bring an action against you in the County Court for an Order to disclose, together with damages at the Court's discretion and my costs in the matter. I will also raise a formal complaint with the Information Commissioner.

 

Yours etc.

 

 

 

Of course you should only threaten court action if you intend to go through with it, but as long as you can locate the recorded delivery chit they would stand no chance - they either gave full disclosure or they didn't.

 

However, I'd guess that you'll get some weaslly excuse about not receiving the letter, but with disclosure, so you'll achieve your end.