Alf -v- Studio Cards

[alfwithhair]

Hmmmm Stalemate......

 

They are basicly saying we are going to pursue even if a court would decide in your favour, You may have to call their bluff and send them a I won't pay so take me to court letter as "dave fire walker" tends too

 

Thanks M8

Do you have a copy of this letter?

[Conniff]

I have never done this type of post before, I have always posted in support of consumer issues, but this is one of those blatant attempts to avoid a debt which is due and which others have posted about only to get thrapped down because of what they say.

You have admitted the debt exists and are refusing to pay because of a technicality. Shame on you.

[pt2537]

Hi Alf

 

 

well those fees can be argued against for sure, bear with me and i will see what we can do with regards a reply

 

regards

paul

[alfwithhair]

Alf - I have settled with Studio via FOS. As you know no agreement no debt but Studio do keep on the pressure they don't give up and the only way of complete closure is to go for the full whack of admin charges, service charges and ppi +39% compound contractural interest. I complained to the Information Commissioners Office about data processing without a signed agreement and they agree with the mail order companies that this is allowed. Studio are well known for passing their accounts around DCAs for collection.

 

Hi,

So do I sent complaint to FOS about there being no signed CCA. Do you have copy of letter you sent?

 

How do I claim the charges and this 39% compound interest? Sorry to be a pain but I am a bit clueless with these kind of things.

[pt2537]

I have never done this type of post before, I have always posted in support of consumer issues, but this is one of those blatant attempts to avoid a debt which is due and which others have posted about only to get thrapped down because of what they say.

You have admitted the debt exists and are refusing to pay because of a technicality. Shame on you.

 

 

Conniff

 

in this case it is clear that the charges out weight the balance

 

the charges added are added under an unenforcable agreement and therefore they should be removed

 

im sure alf would consider a offer of payment in this matter if the creditor engaged in conversation with him, after all he tried to talk to them about his situation and they dont appear interested, please read post 1 and you will see

 

Regards

paul

[surprise]

What you need to do is a spreadsheet list all the charges from day one to current and add 39% cci. You need to send it to Studio first to give them a chance to settle give them 14 days to respond. If you don't hear from them send them a LBA advising you will be passing to the FOS for their assistance. FOS will only take a complaint when you have had a final response from the creditor. Once the FOS start investigating they are charged £400.00.

[mrsc]

Hi Alf,

 

I managed to get studio to return all admin charges.Didn't ask about service charges as that is the interest charged on your balance every month.

 

The differece with mine was that I had actually paid off the balance so I wasn't owe them anything, then I joined here and began to read about the charges being unlawful, so put in a claim to them, they still argue that their charges are lawful, but returned with GOGW.

[Conniff]

I agree Paul and I know that probably 99% of people behind with their payments wouldn't be if the companies would only look at their stupid bullying and enter in an arrangement to start with.

Well it is them who loose out in the end, perhaps one day they will take a look at themselves and realise what they are doing is only harming themselves.

 

I know we are all ripped off by just about all the financial institutions especially the government, so I wasn't saying they don't deserve to be, especially the banks.

[alfwithhair]

What you need to do is a spreadsheet list all the charges from day one to current and add 39% cci. You need to send it to Studio first to give them a chance to settle give them 14 days to respond. If you don't hear from them send them a LBA advising you will be passing to the FOS for their assistance. FOS will only take a complaint when you have had a final response from the creditor. Once the FOS start investigating they are charged £400.00.

 

Ok, the adding up of all the fees is the easy bit. How do you work out this 39% cci?

[The GodMother]

Hi alf,

 

From what i can work out they would owe you money. But l dont think you would get it back.

 

Conniff.

 

I am not meaning to be nasty but maybe you should read the whole thread and actually take on board what the full issue is regarding alfs problems.

 

Oh this is a daft question but how do i add 39% to this.

 

Blonde moments again

 

Chrissi

[The GodMother]

sorry posted the same partial question.

[pt2537]

Hi Chrissi,

 

thats what we are saying

 

the fact thatthey owe Alf the money would in essence cancel his debt to this company, so i feel the best approach is to go down this route and tell them we are evens and thats the end of the matter

 

regards

paul

[The GodMother]

just trying to make him feel better after what i saw conniff wrote. For somebody just to jump in on a thread and not read the whole thread and make that type of comment i think is pathetic.

 

Chrissi

[mrsc]

Hi alf,

 

sorry have just re read my last post and it didn't look quite right ( having a bad day) so I apologise if it came out wrong.

 

You should put your claim in reclaiming what they have taken unlawfully from you.

[surprise]

Paul, personally speaking Alf is best going down reclaiming the charges route. Initially, I thought we were even stevens and I asked for a write off which they said they were going to pursue the debt. Thats when I decided to do the charges. They were going to refund the admin charges not services charges or PPI. When it went to the FOS I got PPI back and a small amount of service charge which I settled for, it reduced by bill by £500.00. The balance they have frozen interest charges. this I happy with.

[alfwithhair]

Well have added every thing up;

Admin charges are £100 (5 x £20)

Service charges are £82.18

So total of £182.18

So how is this 39% compound interest added?

Account alledged to be opened 28/06/05

Although trading statement they sent doesn't make much sense.

Opening balance £0.00 31/12/05

6 months after account was supposed to have been opened

[surprise]

Use one of the credit card spreadsheets and put in 39%. You put the date of the charge, reason for the charge, amount of charge the spreadsheet calculates each charge for you. Alternatively,you can download a compound calcluator from the web. Unless someone can give you a link.

[The GodMother]

ok does anyone no where i can find that spread sheet please.

[surprise]

They're in the Consumer Forum - Bank templates you can also google spreadsheets and use one of theirs.

[The GodMother]

ok thank you suprise.

[alfwithhair]

I am after answers to a couple of questions before trying to claim the charges and fees back from Studio.

 

As there is no signed agreement their comments about the debt existing but not enforcable I take it is true?

 

Am I correct in assuming then that the fees, charges and interest form part of this said agreement, so without one they are not and never were allowed to add them to an alledged account?

 

In the absense of the said agreement, which they have said is unavailable, are they still allowed to pursue, demand payment or sell on the debt using the basis that the debt still exists?

 

Finally, where does the 39% CCI come in to it. The calculators I have looked at use 8%?

 

Thanks folks

[The GodMother]

Alf,

 

I dont know the answer to all of your questions but i will do my best with the ones i do know.

 

a) Yes from what i have found out on these forums and threw Curly ben and Paul the fees, Charges, Interest and PPI are part of the agreement so if you have no Credit agreement you cant be charged them and are classed as illegal.

 

b) Well then can attempt to persue, demand and sell to DCAs but as you have evidence to say they have said they have not got a credit agreement then they would not be able to do much. As the DCAs have a habit of attempting to take you to court then they would not have a leg to stand on so to speak. You could also have them done for threatening behaviour due to the no CCA from what i have read sum where.

 

c) The question about the debt being there but not enforcable i think is true as you have had the goods and as a result there is a debt but the fact they dont have a enforcable credit agreement means they cant take you to court and have a CCJ or enforce the debt on you.

 

You might want to get the last one double checked by Curlyben or Paul but i think i have read right from what i have seen on the forums

[alfwithhair]

Thanks GM,

Always better to get the facts straight before quoting rules and regs out to them.

Will see if someone else confirms this, then another letter is brewing.

[surprise]

As already said with Studio they ignore the fact that there are no signed agreements and will continue to pursue the debt and pass to Debt Collection Agencies. One of the Gaggers has already got a thread re this and has had an horrific time with phone calls and was passed to Trading Standards to deal with.

 

The charges are unlawful as opposed to illegal and I would certainly claim them all back.

 

They would need to produce the original signed agreement if they were to go to Court, not sure if Studio have actually taken anyone to Court though.

[alfwithhair]

Thanks suprise,

They will not be pestering me on the phone as they have no number.

So will go for the charges.

No no answered the question about the 39%CCI?

Why is it 39%, all the calculators seem to use 8%?