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lowell PAP letter of claim - old Studio CAT debt - balance all charges


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The process is very similar to PPI claims or Mortgage claims....look at some of those threads to get an idea of how to lay out your particulars.

 

As for chances of winning...depends how thorough you make your claim and do your research...and what judge you get on the day.

We could do with some help from you.

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Thank you Andyorch

 

I am hoping to make a start tonight so will start on those thread areas you mentioned – is there a particular wording I need to use for the ‘Particulars’ or do I just simply plead our case?

 

Kind regards

 

Maudy

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You will see the particulars they have used and reasons...simply adapt

We could do with some help from you.

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Hi Andyorch

I've been a busy bee trying to gen up on everything!

 

I have trawled the forums for POC help, but most of the ones i found were companies taking people to court rather than the other way around

 

- i found one which i have attempted to adapt and would be really grateful if you could take a look over it and guide me a little (pleasseeee).

 

I am just a bit stumped on the last part

- i hopefully marked it in red (And the Claimant claims onwards).

 

I can't work out which figures to add in,

as i have two spreadsheets (one for compound interest and the other for statutory).

 

I also read on the thread i adapted it from that the POC may require certain wording if the charges are older than 6 years

- the first charge was 2009.

 

I'd really appreciate your help

- i've tried so hard to find the info but this is hopefully the last hitch.

Huge thanks again - Maudy

 

BETWEEN

 

Maudys hubby

 

Claimant

 

and

 

Studio – Express Gifts

 

Defendant

 

PARTICULARS OF CLAIM

 

1. The Claimant entered into an agreement with the Defendant on or around 13/12/2008, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxxxxx .

 

2. The Agreement essentially consisted of the Defendant providing the Claimant with a credit account (mail order goods) which would allow the Claimant to make purchases in advances on credit via mail order. In return the Defendant was entitled to charge interest at the published rate.

 

3. The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

 

4. At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

Summary

 

5. Throughout the course of the Agreement, the Defendant has added numerous penalty and default charges to the Account for the Claimant’s failure to make the minimum payment on the due date

– the majority of which were added during a period of agreed reduced payments and despite the Defendant being fully aware of the financial difficulties the Claimant was experiencing.

 

6. The default charges were applied in accordance with the standard terms of The Agreement which were:

a) A penalty payable on breach of contract and thus unenforceable: and

b) An unfair term under the unfair terms in Consumer Contracts Regulations 1999 and therefore not binding on the Claimant.

 

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

And the Claimant claims;

 

(1) A declaration that the sums totaling £xxx.xx plus interest in restitution of £xxxx have wrongly been applied to the Account plus court cost of£xxxx.

 

(2) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum on the amount claimed daily rate of £xx.xx per day until judgment or sooner payment

 

(3) Section 19 (1) (2) is as below:

 

I declaration that adverse data reported about the account by Credit Reference Agencies be removed as the amounts so reported are inaccurate due to the inclusion of unlawful penalty charges.

 

I believe that the facts stated in these particulars, comprising of X pages, are true.

 

Dated

 

Signed

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What is (3) Section 19 (1) (2) ?

 

I would rethink the term " Declaration " you dont want anything declaring...simply refunding and adverse information removed (you may struggle with that one but worth a go)

We could do with some help from you.

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Hi Andyorch

The section 3 stuff im not sure about

- the thread i found it on was titled 'Help with starting a County Court claim for Charges on Argos card.' I have probably cocked that bit up by copying what was there

 

- my understanding of this is poor I'm afraid and i'm becoming increasingly anxious that i'm not up to it

- which is sad because i dont see how they will be able to wriggle out of it.

I just wish i had the knowledge i need to get started...

 

do you think calculation sounds better than declaration?

 

Just to explain

- my last claim for penalty charges was back in 2007 and although it was 3k worth of success my health isnt what it was back then

(i am disabled and have chemotherapy twice a week for an immune system disorder)

 

please excuse my witterings, endless Q's which may seem repetitive or annoying

- i really dont mean to be i just dont recall the details from back then.

 

If there was somewhere i could go to pay someone to sort it on our behalf i would!

Hope that explains things lol

 

Maudy x

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Hi Andyorch

The section 3 stuff im not sure about - the thread i found it on was titled 'Help with starting a County Court claim for Charges on Argos card.' I have probably cocked that bit up by copying what was there - my understanding of this is poor I'm afraid and i'm becoming increasingly anxious that i'm not up to it - which is sad because i dont see how they will be able to wriggle out of it. I just wish i had the knowledge i need to get started...

 

do you think calculation sounds better than declaration?

 

This is the thread you are basing your particulars on....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?438906-Help-with-starting-a-County-Court-claim-for-Charges-on-Argos-card./page9

We could do with some help from you.

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And the Claimant claims;

 

(1) The sums totalling £xxx.xx plus interest in restitution of £xxxx plus court cost of £xxxx.

 

(2) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum on the amount claimed daily rate of £xx.xx per day until judgment or sooner payment

 

(3) Any adverse data reported about the account to Credit Reference Agencies be removed as the amounts so reported are inaccurate due to the inclusion of unlawful penalty charges.

 

 

I would run with the above...but I dont hold out much hope for 3.

 

Andy

We could do with some help from you.

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As for (1) and (2) which spreadsheet do i use to complete those amounts? I have completed a compound interest calculation plus penalty fees redress which dx kindly assisted with...but im unsure as to which one i use to complete the blanks. sorry :-(

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1.would be the standard statin sheet and 2 does not require one...you simply add 8% sec69 interest when you submit your claim and MCOL does it for you.

We could do with some help from you.

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Hi Andyorch

I spent the weekend reviewing the info etc ready to get the claim going this week, I even got hubby to dig out the old PC box in order to retrieve the original letter we wrote asking for reduced payment etc.

 

The letter we wrote back in Dec 2012 was a standard change of circumstances letter requesting that they accept no payment at that time as our income/expenditure sheet showed no surplus income. From trawling back over the replies i wrote they responded Dec 19th and said the lowest amount they could accept was £13 per month and that all default sums/charges would be frozen if we accepted their offer.

 

We replied to say we would make the payment before the 15th of each month - their most recent correspondence in May 2017 states that the agreement (and they say they provided this along with terms and conditions in Feb 2013 - i cant find the copy :-() we made was for payment every 28 days and as we haven't adhered to that we are breaching that agreement and they can place the charges on the account.

 

My concerns are that as i don't have a copy of their offer letter - do i really have a leg to stand on? Will the docs they refer to be used against us? And do you think it still worth pursuing? Is there any way i can request such a copy at this stage?

 

Apologies for all the Q's....

 

Maudy

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Maundy...with or without the letter...the reality is if you breach an agreement then you default on the agreement and the T&Cs of that agreement kick in which you agreed to when signing up to use the account agreement.

 

Its their letter of 19th Dec accepting your proposal thats important (is this the one you have no proof of)?...not the May 2017 stance.

 

Making a claim for unfair charges is always a gamble...the amount involved the particular creditor on what basis you make the claim... must all be taken into account.

 

The whole ethos is to make the threat...see how they react....but as we always advise do not make that threat if your not prepared to follow it through.

We could do with some help from you.

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Hi Andyorch,

I totally understand

- unfortunately it is their letter of 19th Dec 2012 i can't locate,

I only know the precise date as i have gone back through this old PC yesterday.

 

This was our reply to their letter dated 19th Dec 2012.

 

Thank you for your letter dated 19th December 2012.

Please find enclosed a cheque for the accepted amount of £13 which I will ensure is with you by the 15th of each month.

Thank you so much for your help and understanding during this difficult time.

 

We must then have received a further payment demand as the next response we sent was this:

 

Thank you for your letter dated 2nd February 2013 – ‘Overdue Account Notice’.

 

Please can you explain why I have received repeated phone calls from your company when you have made an agreement to accept payments of £13 per month until we are back on our feet?

 

Your letter dated 19th December clearly states that so long as I accept your offer of the reduced payment plan then all further default sums and service charges will be placed on hold yet they have been applied to my latest statement number 47. I

 

confirmed acceptance of your proposed payment plan in writing by letter dated 4th January 2013 and also enclosed a cheque for the first instalment which I know you have received as the cheque left my bank account on 18th January 2013.

 

We are experiencing huge financial problems at present and my wife is undergoing chemotherapy for an immune system condition

– I would really appreciate your help rather than demands for payment and extra charges which you have previously agreed to waiver.

Please advise as soon as possible.

 

Payments were then sent by cheque each month

but as they say we didn't adhere to their 'every 28 days'

- the balance is now mostly made up of charges and default sums.

 

 

I totally understand that they think we have breached their T&C's but payments were made each month.

 

 

We queried the reasons why charges kept on being added but didn't receive any response until we queried for a second time in October 2016.

 

Are we within rights to request copies of these doc's now or is it too late?

I know its all a risk but i need to minimise that as much as poss if we can

- alternatively we just make Moorcrap an offer i guess?

I just dont want to pay out court fees if ive not covered everything.

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" alternatively we just make Moorcrap an offer i guess? "

 

Absolutely not...that wont achieve anything......having not read the thread completely...if the account is now terminated and in the hands of a DCA I wouldn't do anything..including issuing a claim.

 

Studio dont do court.

 

Andy

We could do with some help from you.

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Ah ok

- wow thank goodness I didnt chuck over £400 at it :-(.

What would you advise on the next course of action then,

my main concern is the negative impact on hubbys credit rating.

 

 

I have no objections to paying the account but as the balance is mostly charges we are in no better position than we were 4.5 years ago when we asked them to freeze interest/charges.

 

 

Moorcroft are hounding us for payment/contact

- i expect that as they probably aren't aware we have this dispute.

 

Thank you again for your help Andyorch - its very much appreciated.

 

Maudy

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Paying it wont make the credit file any better..the default remains on file until its 6th anniversary..paid or unpaid.

 

So do nothing and wait until Studio make their next move...they may assign it to a DCA who then maybe litigate and you can defend and use the full facts of your intended claim.....if they dont then 6 years and its statute barred anyway.

 

Regards

 

Andy

We could do with some help from you.

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the debt has already been default they cant harm his Credit file anymore than that

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

Hi all,

I know its been a while since i posted but i'm in need of some advice again i'm afraid and I'm hoping you guys can help given you know the history of this.

 

The account has now been assigned to 'Lowell' and now Lowell Solicitors which i assume are one and the same??

 

they are now threatening to take us to court regarding the outstanding balance on the account £1000,

(which you may recall is made up of penalty charges and interest - they owe us far more than we owe them!!

but i believe from others experience Studio/Express Gifts are notoriously difficult to take to court successfully and i dont know if im up to it).

 

latest letter consists of a letter of claim,

particulars of debt and then a reply form which asks info such as 'do you owe the debt?'

'i don't owe any more than this because...'

'i dispute the debt' etc .....

 

Can anyone advise what to do next?

 

I can't risk a CCJ...

but i haven't responded to these and the letters are getting stronger :-(

 

Thank you

 

Maudy

Edited by dx100uk
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title updated

 

you need to follow post 4 here.

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

 

put for the reason you dispute it is that the balance is solely made of unlawful penalty charges

 

inc a copy of your spready's

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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thanks andy wrong link oppss..:madgrin:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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