Alf -v- Studio Cards

[The GodMother]

rite what you need to do is obtain a copy of ALL your statements if you dont have them.

 

Then what u need to do is work out the cost of goods and take away any payments made. Tjat will tell you the cost of goods balcance.

 

What you then need to do is added up rh Charges that is all the charges on your account, penalty fees and service cahges etc then ask them to remove the cost of them from the balance. Then what you need to do is work out how much you owe them minus the charges , if you ow them anything, Then if you want you can make a full and final offer with the figures you supply.

 

Chrissi

[alfwithhair]

Thanks for that Suprise:

 

What was there response to this letter?

 

Alf

[alfwithhair]

rite what you need to do is obtain a copy of ALL your statements if you dont have them.

 

Then what u need to do is work out the cost of goods and take away any payments made. Tjat will tell you the cost of goods balcance.

 

What you then need to do is added up rh Charges that is all the charges on your account, penalty fees and service cahges etc then ask them to remove the cost of them from the balance. Then what you need to do is work out how much you owe them minus the charges , if you ow them anything, Then if you want you can make a full and final offer with the figures you supply.

 

Chrissi

 

Thanks for that Chrissi

 

I will work it out later and see what the balance is if any.

 

regards

Alf

[surprise]

They ignored it so I copied the papers and filled in the complaint form from their website and sent it off.

[alfwithhair]

They ignored it so I copied the papers and filled in the complaint form from their website and sent it off.

Studio's web site or the FOS?

[surprise]

You need to complete a complaint form from the FOS website and send off with correspondence if it gets to that stage.

[alfwithhair]

Ok thanks for all your help Suprise.

 

Chrissi

Have worked it out, and since the account was started figures are

 

cost of goods £267.26

payments made £220.23

goods balance £47.03

 

penalty fees £100

service charges £79.12 = total charges of £179.12

 

£47.03 minus £179.12 = they owe me £132.09

 

Is that what you mean? Am I correct with these calculations?

 

Alf

[The GodMother]

yes that is what i mean.

 

Now all you need to do is send them the bill.

 

They may ignore you as suprise said but it is worth a go.

 

You need to make clear in the letter that aas they have admitted they dont hold a valid consumer credit agreement then the charges they have been appling to the account are illegal and need to be removed from the account.

 

Inform them you have prepared a statement for them to use regarding the amount of goods purchesed minus the amount paid. Then explain to them you have added the service cahrges and the over drawn fees and taken them away from the amount remaining from the goods balance.

 

Chrissi

[alfwithhair]

Ok, many thanks suprise and chrissi.

I will cobble something up over the weekend and report back if I get a response.

Alf

[The GodMother]

KK

[Conniff]

Ok thanks for all your help Suprise.

 

Chrissi

Have worked it out, and since the account was started figures are

 

cost of goods £267.26

payments made £220.23

goods balance £47.03

 

penalty fees £100

service charges £79.12 = total charges of £179.12

 

£47.03 minus £179.12 = they owe me £132.09

 

Is that what you mean? Am I correct with these calculations?

 

Alf

 

I can't see how you come to the 'they owe me' bit.

If they wiped out all the charges that have been applied, then you still owe them £47. I can't see how they owe you anything???????

[surprise]

The right way of doing it is for example

 

first charge date 1 January 06 - 12 January 08 - £20.00 - CCI 39% = interest accrued £55.47 total £75.47

 

Second charge 1 Feb 06 - 12 January 08 - and so on

 

Alternatively you can go for 8% but the same system would apply. you could use one of the spreadsheets for banks for this.

[The GodMother]

connif.

 

I dont hink they wiped out alfs charges.

 

They have only just admitted to not having a CCA and they are still demanding full money of him including all cahrges.

 

Chrissi

[Caz1974]

Hi Alf

Good luck with your Studio claim and I hope it's coming on well.

I have sucessfully claimed back all my admin charges from them but was told that I could not reclaim service charges because this was for a service and wasn't a charge ( it's really interest hidden under a different name). Be wary of them they sent me a cheque that bounced!!

They also register your details with experian and gave me a lovely default on there whilst all this was being sorted. So last week I reported them to the FOS including all letters ever sent and recieved and have asked that they pay me compensation for the cheque bouncing and adverse info on my credit file.

I'm also trying to reclaim the PPI they applied over the years but have also passed this on to the FOS because after reading through all the threads I feel Studio think they are a law unto themselves.

Good luck and keep at them:)

[alfwithhair]

Well the claim for all the charges they have applied to this account without a signed CCA was posted today.

 

Lets see what happens now.

[The GodMother]

I am still waiting to hear form them as well. They have defently had my CCA request.

 

Good luck.

[alfwithhair]

Well the claim for the unlawful charges was received by them 23 Jan 08.

After receiving the letter they must have been straight on the phone to Robberscum Pay & Co.

Letter this morning dated 23 Jan 08

 

 

 

 

So I think it is time for the gloves to come off. Studio have already admitted they cannot enforce it as there is no signed agreement but still say they have complied with the CCA by sending a sample agreement. An brand new un-opened one at that.

 

I also notice the balance has gone up again since Studios letter of 09 Jan 08, another £20 admin charge.

 

What is the best cause of action with Robbers Way?

The usual this account is in dipute letter? Or is something a little stronger required?

 

Thanks for your help

Alf

[Caz1974]

Hi Again Alf

I would send them an account is in dispute letter but include in with it a section 10 as detailed below ( change the details to suit ).

I had this with Studio's debt collectors and this seemed to work:

 

Statutory Notice pursuant to Sections 10 and 12

 

Of The Data Protection Act 1998

 

Data Subject Notice

To: THE DATA CONTROLLER :

DATA SUBJECT: MR ALF.

 

ADDRESS :

 

Whereas I have been a customer of Studio previously I have never consented in any contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and / or distress to me and my family members in addition to that which has been caused to date. And that as the processing of said data in the way referred to in this Notice would violate both the Principles and Data Subjects rights of the Data Protection Act 1998,to do so would be both unwarranted and unlawful.

Signed

 

 

 

Mr. Alf

 

 

 

 

Dated this 25th day of January in the year two thousand and eight.

[alfwithhair]

Hi Again Alf

I would send them an account is in dispute letter but include in with it a section 10 as detailed below ( change the details to suit ).

I had this with Studio's debt collectors and this seemed to work:

 

 

Statutory Notice pursuant to Sections 10 and 12

 

Of The Data Protection Act 1998

 

Data Subject Notice

 

 

To: THE DATA CONTROLLER :

 

 

DATA SUBJECT

: MR ALF.

 

 

ADDRESS :

 

Whereas I have been a customer of Studio previously I have never consented in any contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and / or distress to me and my family members in addition to that which has been caused to date. And that as the processing of said data in the way referred to in this Notice would violate both the Principles and Data Subjects rights of the Data Protection Act 1998,to do so would be both unwarranted and unlawful.

Signed

 

 

 

Mr. Alf

 

 

 

 

Dated this 25th day of January in the year two thousand and eight.

 

Who is this S10 Notice going to? Studio or Robberscum Pay?

I sent an s10 to Studio 12 nov 07, they just ignored it. Also under the part subject data whos address goes there mine or the receipient?

 

Thanks for the help

Alf

 

[The GodMother]

or there is this one which CB has advised ppl send out

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

You need to send this to studio cards nd to robbers way l would sent

 

Dear Robbers way.

 

F*** o** and never come back.

 

I am demanding that you due this becauae studio cards have admitted that they dont hold a valid CCA for the studio cards account and as a result they have admitted they cannont collect/enforce the dbt. Letter from studio card enclosed

 

A letter from you demanding money is considered As studio cards attempting to enforce the debt.

 

I have now been forced to Inform TS and the oft of this action. I have also informed them that you have tried to collect on this debt and as a result you may be hearing from them about it.

 

If you dont Stop trying to collect on this debt within 7 days of reciving this letter then l will inform the FOS and both you and studio cards will be charge £400.00 each as a privilage of me needing to complain to them.

 

Yours

 

Alf

 

Send recorded delivery at least and dont sign.

 

Chrissi

[alfwithhair]

Studio have already had the CB s10 notice, last year. As I said they just ignored it.

TS are already aware of Studio trying to collect on an unsubstansiated debt. But appear to be little use, they said they can pursue but no enforce. That was there final word on the matter.

[The GodMother]

rite then inform the OFT and the FOS.

[Caz1974]

Send either letters to Robberscum Pay and even be inclined to send another to Studio

[Caz1974]

I'd definitely go down the FOS route my complaint to Studio is going through via the FOS as we speak

[pt2537]

well i tend to view the FOS as a bit of a lame duck, i have not had any success with them which is why im going to the courts to resolve my complaint against littlewoods.

 

that said, they do charge the company 400. quid to investigate so its a result in that sense