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I am in dispute with Studio over a debt which I partially disagree with. In March, I sent a letter asking for my signed credit agreement. In April I received a blank cca along with a letter stating that this is all they are legally obliged to supply.
On 9th November, I received a letter giving me 7 days to pay in full or face either court action or a visit to my home from a collection agent. I was also given another blank copy of the cca and asked to sign it, which I have not done!
Today, I have received another letter stating that studio are now commencing court action. Their legal duty to inform me is contained in this letter whether I read it or not and no further correspondence will be entered into.
I thought that without a proper cca, any debt was unenforceable, or is that not the case? Also, what happens if this now goes to court - would bailiffs be involved? How long before this goes in front of a judge? Can I ask for the case to be heard in my home town?
Do I still just sit tight and ignore them or really start to worry now?
Sorry for all the questions, but any help would be greatly appreciated
If you dispute this debt then this should be resolved before any recovery action is taken.
Have you been contacted by a DCA or is this Studio that are writing to you?
Send them something like this without delay.
Dear
Account Number:
Re: Account in dispute
I am in receipt of your letter of (date) which I received on (date) and I am writing to clarify that I am currently in the process of disputing part/all of this debt.
I note from your correspondence that you are proposing to commence recovery action on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.
If you do not stop this action and attempt recovery or proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.
Yours sincerely
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
Letter head says they are collection agents but address is same as studio so I'm not sure.
I have disputed the amount owed but studio wont budge. To begin they illegally added PPI and despite me asking for it's removal within thirty days, they didn't and charged me PPI for nine months.
Every 28 days when the bill came, I paid by postal order - which had the date stamped on by the post office and always five days or more before payment was due, yet studio kept adding charges.
Finally, their courier delivered a parcel whilst I was out and left a card stating item was left in outside bin shed - it wasn't there. Studio say because I never added parcel insurance to my order, I have to pay for what I had ordered even though I never received it.
I do owe some of what they say but they will not accept reduced payment, nor will they suspend interest and late payment charges so the amount in dispute is continually going up.
Ok, this is a little more complicated, there are a number of issues here that need dealing with.
1) PPI, search the forums for details of this - are you still paying this or has it been removed?
2) Have you begun any action to recover these charges?
3) You should be a lot firmer with Studio regarding whether you must pay for an item that you did not receive (or does this form part of what this dispute is about?)
The late payment charges are probably unlawful and if you dispute this debt and no longer use this account then you may be able to have them freeze the interest too.
If you are at all concerned about this or do not feel confident about taking this on, then come back to me.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
After 9 months, studio stopped charging PPI but they did not remove what they had already charged because they say they did not receive any letters off me asking for its removal, despite the letters being sent with each months payment.
The items I did not receive - which total £638 - are part of the dispute. I say I don't owe for these as I didn't receive them. They say that, as the purchaser, it is my responsibility to insure what I purchase in case items go missing. Their part of the contract is sending the items out and it is up to me to sue the courier for the amount the parcel was worth.
I no longer use the account, but they wont freeze interest because they say they are not obliged to do so.
As they have not supplied a signed credit agreement, are they really likely to go to court?
Since asking for the agreement in March, I have always replied as you suggested whenever they have sent a letter, but today's letter that they are now actually starting court proceedings really threw me. I'm hoping it's just one of their scare tactics but am also really worried that this is not a bluff and court is the next step.
If they do actually start proceedings, you only have to defend on the court papers with that statement.
Someone else will be along soon to help with the exact wording for the court papers, I'm a bit short and sharp sometimes the way I write things, and we wouldn't want to get you in a muddle with wording when screwing these leeches to the floor
If it did go to court, could I ask for it to be heard in my local court or is that not necessary?
Regards
They will issue in Northampton and then you can ask for court nearest you. Thats what they did to me anyhow.
Reply to their letter stating that you have asked for agreement and they haven't produced so therefore it is unenforcable and that will form part of your defence.
How much of the debt is charges and how much do you think you actually owe.
As for the parcel delivery they need to prove that you received it - else anyone could just say it had been sent and charge you. Don't know much oin this aspect though, but this is the sort of thing that Bookworm would know. See if you can bring it to her attention.
Debt is for just over £1,500. I owe around £650 and that includes interest charges. I haven't paid any more off because I'm worried that they will say I've paid therefore I owe.
One of the things they did tell me was that my payments were enough to prove the debt exsisted aand theerfore they didn't need the credit agreement.
Hi guys.
Received a letter today from debt collection and Services who are acting on behalf of studio. In the letter they say they will be calling [phone? personally?] in the next few days to collect full payment due on the account. If I do not co-operate and make a payment for the total amount due, I leave them no option but to consider other means of collecting the debt.
Should I just ignore their letter do you think? Do I make an arrangement plan to pay off what I do owe? [which is less than half what they're claiming] Any further advise is appreciated.
Have you begun any action to recover the charges on this account? If not, do you know how you should start?
Did you send them the letter I put above (post #2) as this should stop all action until you can resolve this?
Of course, they will continue to posture and threaten, but do not be intimidated.
Removing any personal details, please type up the letter here and we can advise.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
The items I did not receive - which total £638 - are part of the dispute. I say I don't owe for these as I didn't receive them. They say that, as the purchaser, it is my responsibility to insure what I purchase in case items go missing. Their part of the contract is sending the items out and it is up to me to sue the courier for the amount the parcel was worth.
Nonsense.
I researched this a while back, and a parcel remains the property of the sender until received. If there is no proof of receipt (NOT delivery), then the parcel is still owned by the sender, and they are the ones who have a contract with the parcel company. You have nothing to do with the parcel company and I can't believe they're even trying this!
In your next letter, tell them that you expect to remove that amount from your account straight away, that, regardless of any other amount in dispute, this has nothing to do, and that you will under no circumstances pay any part of that amount, as they are the ones with a contract with the parcel company, not you, and it's basically not your problem, and never was.
Apologies to people who I was in the process of helping, I may be gone some time.
The letter I received was headed: debt collection and security. For the protection of trade.
Letter read:
Dear xxx xxxx
Because you have failed to clear your balance of £1,507.89 we must now decide what further action is necessary to recover this amount on behalf of our client.
It is our intention to call within the next few days to collect full payment in order to avoid any further negative action against you.
YOU MUST TREAT THIS WITH THE UTMOST URGENCY AND CALL 0870 xxxxxxx WITHOUT DELAY.
As you have failed to make a payment arrangement with our client, then the outstanding amount must now be paid in full. If you do not co-operate and make a payment for the total amount due, we will have no option but to consider other means of collecting the debt.
Please be aware, that the courts would not look favourably on your continued avoidance to repay the outstanding payment to our client, and this will have a serious affect on your ability to obtain credit in the long term.
I have sent a letter stating that the account is in dispute and given the reasons for this. Studio have said I was given the option to insure my parcel against theft but I declined, therefore I am liable?
I do owe around £600 and am not trying to avoid repaying what I owe. Do I continue making payments? Do I write to them again stating that the account is in dispute and make another request for the signed credit agreement? Sorry for the questions but I'm not sure what my next step should be.
starting to worry now
. I was also given another blank copy of the cca and asked to sign it, which I have not done!
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Originally Posted by justmeandthekids
