Cheds hubby Vs Iqor/Studio

[cheddar]

Helloooooooooooooo!

 

This one for hubby but im kinda dealing with it, sent off CCA on 15/10/07 and very promtply got a response today with a letter i cannot make head nor tail off it is complete gobble-de-gook if im honest (and i've read through some rubbish in my time). And they erm seem to think that a standard CCA signed by them with no other information on it, ie hubbys name, address, and of course most importantly A SIGNATURE is ok.....

 

advice from here? lol Letter telling them they haven't fulfilled the request and he deems it as a closed matter?

 

TIA

[surprise]

Studio have been caught out big time as they do not have agreements. Those of us who dealt with them earlier on in the year were sent blank unopened terms and conditions. They have obviously changed tactics in the hope of fooling their customers. Uneforceable, and a bog of letter is in order.

[Curlyben]

Chedder are they quote the 1983 amendments to you ?

Is it possible to scan and post a copy.

[cheddar]

Can't scan sadly but no mention of amendments basically says as follows:

 

Further to your recent request under the CCA 1974 for a copy of your original credit agreement we are writing to confirm that we have passed your request to your client for their urgent attention.

 

Please note that our client advises us that both the OFT and Trading Standars have acknowledged that, as defined by section 78 of the CCA 1974, the supply of an exact copy of an executed credti agreement that would have been signed when the account was opened and, if required, appropriate financial information relating to the account since its inception is sufficient to comply with these requests to provide a copy of the credit agreement (this is the bit that makes zero sense to me, its not even a normal sentence). Our client instructed us to send you such standard copy, please find it enclosed.

 

They then go on about the terms of the account at the time and what he had to pay etc

 

Last paragraph says:

 

Therefore, once you recieve the sample credit agreement, our client advises that you have been supplied with such information necessary to comply with the requirements of the CCA.

 

wtf??? lol!

[Curlyben]

What absolute Bovine Excrement !!

Without an executed credit agreement enforcement action is NOT possible.

Under CCA s127 the lack of the excuted agreement is a complete defence.

(3) The court shall not make an enforcement order under section 65(1) if section

61(1)(a) (signing of agreements) was not complied with unless a document (whether

or not in the prescribed form and complying with regulations under section 60(1))

itself containing all the prescribed terms of the agreement was signed by the debtor or

hirer (whether or not in the prescribed manner).

 

Now I'd wait and see what they have to say next and then we'll hit 'em

[cheddar]

I know utter tosh isn't it? But i don't understand if they are going to send me anything else or are waiting for me? I only say this because at the very end it says:

 

We have placed the above mentioned account on hold for 2 weeks to allow time for your response and we await your repayment proposals.

 

odd....

[Curlyben]

Here you go this should do the trick.

 

Edit as needed:

 

Account In Dispute

 

I refer to your letter dated xxxxx, the contents of which are noted.

 

I note that you have sent me a copy of the sample application form for an account.

 

However, on the (DATE YOU SENT CCA) I made a written request for a copy of the executed agreement under s77/78 CCA. This letter was sent by recorded delivery and signed for at your office on (IF THIS IS THE WAY YOU DONE IT).

 

The document that you are obliged to send me is a true copy of the executed agreement that complies with section 61 of the Consumer Credit Act 1974. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA (AGAIN ONLY PUT THIS IF IT APPLIES).

 

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing

 

 

Yours faithfully,

 

[cheddar]

Wonderful i'll get that sorted as soon as i can and keep the thread updated

[Curlyben]

They will most likely come back with some other BS, but we can handle that

[pt2537]

sample credit agreement hmm, thats a bit like littelwoods legal department who said that their credit agreements could be found in hte back of their catalogues, when i asked what they were implying they said that they would produce a copy of a catalogue in court as evidence of my credit agreement,

 

YEAH RIGHT!!!!!!!!

 

As Curlyben put they are talking BowLarks, they have no hope in hell of enforcing this based soley on a sample credit agreement

 

as curly said wait and see what load of tosh they come up with next

 

regards

paul

[surprise]

Studio will keep on trying to collect the debt. My claim has been with the FOS since August and they are aware of this but they keep phoning and sending me red letters, keep adding charges, my account has gone up over £200 without spending anything on it since April.

 

Good luck.

[alfwithhair]

Just subbin. I got the same unopened agreement.

[cheddar]

okay im back on the case with this now lol! seems that hubby has got some more debts and they've all cropped up - tut! Anyway will sort those out in time but just to query something

 

Curlyben, in your letter you suggest i send you say they have sent me a sample application form, it appears to be a blank CCA not an application form, shall i amend accordingly?

 

TIA

[cheddar]

Okies sent this lot a reminder to say they haven't complied with the CCA request on 06/11/07. Heard nothing until 17/12/07 where they have sent a begging letter, also had a card thru from a Mrs someone-or-other asking for hubby to contact her immediately (he threw this one away).

 

Technically they're in default now so I presume hubby can make a complaint to TS??

[cheddar]

Ahh all is well i have a letter to send to them

[Curlyben]

I'd wait until the New Year before approaching TS.

Give everyone a chance to recover from Xmas a little

[cheddar]

Okies so have a letter now from Incasso saying is basically a Letter Before Action and they will commence Legal Action (probably rubbish i know) in 10 days if he doesn't contact iQor with payment or reason why he's not paying....durrrr thought we'd already done that!!!

 

Any ideas what to send now and to who? I'm getting a little confused!!

 

TIA

[surprise]

Advise them that as they are still in default of providing a signed credit agreement with the prescribed terms and conditions you are now reporting them to TS for their continued harassment.

 

Do report them to TS, don't threaten this unless you mean it.

 

Unfortunately, Studio are persistent.

[Curlyben]

Oh dear.

throw this at Igor.

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

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 compliant credit agreement is a very clear dispute and as such the following applies.

 

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

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

* may not pass the account to a third party.

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

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

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully