Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder kirsty19 Novitiate

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    Default Studio/Ace Card & Gifts - HELP!

    Hello guys,

    I recently ordered some items from Studio/Ace catalogue around Xmas time. I didn't get everything I ordered, therefore making things hectic as I had to go elsewhere to complete my gifts bought.

    I was quite annoyed by this as its was quite unprofessional by the catalogue. Maybe they were out of stock ? When I got my bill I didn't pay right away as I was disappointed not to get everything, plus I was on benefits. The bill was only around 15.00 in total. Now I am being threatened by a company called Moorcroft Debt Recovery Ltd for fees in excess of 65.16 + 20.00 adminicon fee (for sending ONE letter). I don't agree with this amount as these fees are really unfair/unreasonable.

    I have been threatened with 1.bailiffs, 2.contact of my employer to recover funds, 3.property blacklisting and 4.court attendance.

    What can I do, I'm only 19 and don't know how to deal with this type of mess...Any HELP would be appreciated.

    Thanks,
    Kirsty19

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  2. #2
    Basic Account Holder maggie Novitiate

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    Thumbs up Re: Studio/Ace Card & Gifts - HELP!

    Hi Kirsty,
    this is Maggie,
    see my thread Wescot ,please help.It is to deal with Studio Cards originally.
    Hope it helps you,I know its a long thread ,but I hope it will do you some good.
    Maggie


  3. #3
    Basic Account Holder kirsty19 Novitiate

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Do you have a link Maggie ? Many thanks...I'm just finding my feet on this board and its quite tricky to navigate !


  4. #4
    Basic Account Holder maggie Novitiate

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    Smile Re: Studio/Ace Card & Gifts - HELP!

    Hi Kirsty,
    Just type in (wescot,please help,)in the search frame.Sorry ,I haven,t learnt yet how to "link" on my computer yet.
    Don,t worry,we are all here to help you.
    Maggie


  5. #5
    Tau Tau is offline
    Basic Account Holder Tau Novitiate Tau's Avatar

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Kirsty, maggies thread below

    http://http://www.consumeractiongrou...tml#post943531

    Saves searching


  6. #6
    Basic Account Holder maggie Novitiate

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    Smile Re: Studio/Ace Card & Gifts - HELP!

    Thanks Tau.Very much .I have been concerned about Kirsty19 all day.
    Hope this helps you in someway Kirsty19.
    We are all here to help you as you can see.
    Maggie


  7. #7
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    Default Re: Studio/Ace Card & Gifts - HELP!

    Quote Originally Posted by kirsty19 View Post
    Hello guys,
    I have been threatened with 1.bailiffs, 2.contact of my employer to recover funds, 3.property blacklisting and 4.court attendance.
    None of those can be applied unless you have a CCJ.

    1. Any 'bailiffs' that call round will be debt collectorsicon, not bailiffs, and they have no powers of entry whatsoever. See the Debt Action Group section on the main forum page for more about the differences between Court Bailiffs and lowly slime-wyrm debt collectors.

    2. Employer contact would be a breach of the Data Protection Act without a court order; with a court order (CCJ) they can apply for an Attachment of Earnings order, so that a small amount will be deducted from each paycheque. This would be set by the court to an affordable level for your financial situation.

    3. Property blacklisting - again, needs a CCJ and an application to put a charge on the house. There is no way that a judge would consider a Charging Order for such a small amount.

    4. Court attendance - not as scary as you might think, as it would be the small claimsicon Court, or the 'everyman' court; you would get as much of a chance to explain your situation to the judge as the catalogue company would.

    Have you actually contacted the company about the missing goods? You need to write them a letter, sent Special, outlining the situation and making an offer to pay what you actually owe, whilst disputing the rest. Make it clear that you're more than willing to pay what you do owe, but refuse to be charged over the odds for a mistake of their making. Post it up here before you send it and someone'll have a read through.

    You can also make a request for your original agreement with the company; a lot of companies don't store them with the care that they're supposed to, and without an original signed credit agreement, the debt becomes unenforceable in court. Again, you need to go to the Debt section and read up on consumer crediticon Agreements; the criteria may apply in your case.

    Hope that helps.

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  8. #8
    Basic Account Holder kirsty19 Novitiate

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Hi Demon_x_slash,

    I have paid the original amount I owed - was only 14.00, I didn't have to pay for items that didn't arrive (I wasn't charged for them).

    Its the adminicon fees and moorcroft fees that I don't want to pay as I feel they have no grounds for charging them. I have the first letter in the envelope, but Hull has been flooded for two days - should be posting tomorrow with a 1 cheque.

    Thanks for your help, will post any response by them ASAP...


  9. #9
    Basic Account Holder kirsty19 Novitiate

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Quote Originally Posted by maggie View Post
    Thanks Tau.Very much .I have been concerned about Kirsty19 all day.
    Hope this helps you in someway Kirsty19.
    We are all here to help you as you can see.
    Maggie
    Thankyou Maggie, you've all been great...

    will post any news ASAP !


  10. #10
    Basic Account Holder kirsty19 Novitiate

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Thankyou Tau - I'm on it right away!


  11. #11
    Basic Account Holder kirsty19 Novitiate

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Hi everyone, just got a phone callicon from 0161 4752802 asking for Kirsty (+ surname). We just said she's not here. They then said "can you ask her to call Andy back - its a business call" on same number. I chose not to answer as someone on here advised me to sort everything through post.

    Did I do the correct thing ? Should I call back ? I have already sent them the 1st request with the 1 cheque etc. They must have got it today...


  12. #12
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    Default Re: Studio/Ace Card & Gifts - HELP!

    No, don't call back - in one of your CCA/harrassment letters I'm sure it states that you will only deal with them in writing. If you're that worried about it, write them a short line in the morning saying something along the lines of: "Your representative attempted to contact me; I have previously stated only in writing; I stand by that; all further communication not in writing will be ignored..." Personally, I'd just wait and let the deadline for the CCA run out.

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  13. #13
    Basic Account Holder kirsty19 Novitiate

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Yes, I put a disclaimer at the foot of the letter stating to only contact me in writing. Which they obviously failed to abide by...How long before the CCA expires ?


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    Default Re: Studio/Ace Card & Gifts - HELP!

    AFAIK, but you'll get a much more assured answer in the Debt forum, upon receipt it's 12 working days before they're in breach, and a further 30 days before they're in criminal breach and the debt becomes unenforceable. Bear in mind, though, that the company can (although unlikely) apply to the courts to get the debt 're-activated'; they will also find this very difficult to do if they can't produce the paperwork. As I said, this is better asked on the Debt forum, as this isn't my speciality

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  15. #15
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    Default Re: Studio/Ace Card & Gifts - HELP!

    Unless you have kept all your statements, I would also make an SARicon request for a list of all the charges they have added on using the templateicon letter.

    I sent the SARicon letter to ACE 2 weeks ago on behalf of my husband, they have just replied with a list of their charges which they have immediately refunded crediting his account. They also credited the 10 chq he sent them onto his account.

    Regards Joan

    First letter to halifax sent rec del 26/4
    Data Protection Act letter to capital one sent rec del 26/4
    Halifax 1st offer dated 5/5
    Capital One ack Data Protection Act request rec 6/5
    Request for repayment to Capital One 2/8
    LBA sent 22/8
    Court proceedings issued 13/10
    Settled in Full 9/11
    Donation made 14/11
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  16. #16
    Basic Account Holder kirsty19 Novitiate

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Still awaiting any contact from them since the phone callicon. Unsure how to look upon this (negative or positive) ???


  17. #17
    Basic Account Holder Bevlexi6 Novitiate

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Kirsty,
    I had exactly the same problem as you and I was adamant that I would not pay the outrageous adminicon charges (60.00!!), this is what I did:
    Copied a letter from the BBC website regarding the refunding of bank charges, changed the wording slightly and sent it recorded delivery. About a week later I had a letter from Studio and they agreed to wipe the charges from my account!
    RESULT!!!!!!!!
    Hope you manage to sort it out soon,
    Bev.


  18. #18
    Basic Account Holder kirsty19 Novitiate

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    Default Re: Studio/Ace Card & Gifts - HELP!

    Hi Bev,

    We've still had no reply via letter or by phone. Don't know how to look upon this. Whether positive or negative. It does seem a bit strange though. A recorded delivery letter was posted and all instructions followed.

    A letter from them may have been lost in the post as there was the BAD flooding in Hull at the time and also numerous postal strikes in-between.

    Glad yours got sorted ! I like good news !

    Kirsty



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