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Studio Card have pee'd me off.


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Any one please.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

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.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

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 21 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

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The only way you'll get closure on this is by taking them to court, or getting a complaint in to the FOS, let's face it C, you know more about the law than they do !!

 

Did you see when Elizabeth1 took Cabot to court....??

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

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They have already had that letter but sent what i posted up yesterday.

 

 

That is the section 10 notice.

 

and that is actually 21 days NOT 14.

 

I know nothing about the law unless i have picked it up from here. I have just told two jahova witnesses that i can have them done for trespassing and one of them tryed to challenge me by saying under what law.

 

English common law. He said to me l was wrong, Erm i dont think so, he said i was as his sister is a magistrate.

 

His face dropped when i said my friend is a third year law student and has told me. He then asked under what section so i am looking everywhere to find what section.

 

He has given up and walked off now but i am going to have i ready for next time. :D

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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This one GM

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

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yep thats the one.

 

Thanks i have to many threads.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I have sent the letter to the head office of all the companys.

 

I have inluded the List of charges which shows i have paid more in charges than i have for goods.

 

I have asked that they remove these cahrges and credit them to the account and thn close the account.

 

Lets just see what happens now.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Morning Chrissi,

That letter looks great and it's the best thing you're doing sending it to Express Gifts.

When my cheque bounced from Studio I was so annoyed so I looked through all the registered phone numbers and somehow ended up ringing the MD of Express gifts at home ( he wasn't pleased at all and I had no idea it was his personal number & he ranted on about getting it changed):grin: But my complaint was sorted within two days after that!

Wait and see what reply you get then if it's not satisfactory report them to the FOS for all the things they've put you through.

The thought of them being hit with a £400 fee just for being investigated brings a warm smile to my cheeks x

I hope all is well honey and keep at them.

NatWest : £857.00 won! March/07

Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08

Natwest for my partner : £2,101.00 won! Feb/07

Studio Cards : Refund for admin charges £108 Won! Dec/07

Complaint made to FOS for P.P.I Jan/08

Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )

Littlewoods : defaulted on CCA request Feb/07

DCA's that crawled out from the woodwork and have crawled back : 28 so far!!

My favourite link on CAG:

Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums

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Morning Chrissi,

That letter looks great and it's the best thing you're doing sending it to Express Gifts. Well Studio have had every oppertunity to deal with my compalint. They should have played ball.

When my cheque bounced from Studio I was so annoyed so I looked through all the registered phone numbers and somehow ended up ringing the MD of Express gifts at home ( he wasn't pleased at all and I had no idea it was his personal number & he ranted on about getting it changed):grin: But my complaint was sorted within two days after that! Well thats there fault they should have honoured the cheque.

Wait and see what reply you get then if it's not satisfactory report them to the FOS for all the things they've put you through. Oh dont worry they will be. I have a couple of other contacts that my be interested as well. *cough BBC cough* one of them us to teach my dad media studies at college.

The thought of them being hit with a £400 fee just for being investigated brings a warm smile to my cheeks x well it would teach them if they did get another £400 charge. They so need to learn.

I hope all is well honey and keep at them.

 

Thanks Caz. All is well its hard to believe how quickly everything is going.

 

I have about 13 weeks till baby is due and it looks like so much need to be done.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Hi guys

 

Well that was a waste of my time as they just passed the letter to studio cards even tho i requested the letter gets dealt with by the head office.

 

Anyway here are the basic results of the letter.

 

p+p charges Not refunded

guesture of good will £121.78.

 

they are reviewing there admin charges due to a recent OFT investigation.

 

i feel a letter to the managing directors offuce comming up.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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The idiots at Studio have just refunded all my charges in full. Then started adding £20 a time again for a letter. They will never learn. Another claim coming go to them I feel.

They have even told Robbinscum Pay to act on their behalf now.

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rite i have considered the lovely offer they have given me which consists of nothing.

 

So i have decided to use a new tactic.

 

How about a f+f offer based on what i want and only offering them what i would have owed them if they follow my demands.

 

If not i will be making a complaint to FOS within xx working days of this offer arriving to them.

 

 

What do u all think

 

I will post my full F+F thoughts and letter later in the week as i have not thought it threw fully

Also putting on the envelope urgent payment enclosed should get it dealt with quickly

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Oh and will point out that based on the evidence have against them that i reserve the rite to go to the necessary ppl about sorting this matter out.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Funny you should be thinking along those lines Chrissi, so am I.

They keep bangin on about this goods delivered and received crap, so I was going to deduct all the payments I have made from the value of the goods they supplied and offer them 50% of the balance. They have no CCA to pursue the debt in court, but I am so P**sed off with them and Robbersway, so the sooner I can get shut of the (EDIT) the better.

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When i sent my letter of complaint i did that.

 

I deducted all payments made, all payments of P+P as they are not chargable as i did not have a CCA, I also took off all the service charges, which they did refund, service charges of which some was refunded but they only reduced the bill by £121.69 which is less then it should have been reducded by.

 

I am thinking along the lines of.

 

* you close the account

* you clear my credit report of any information to do with this debt.

* you or any other company in the future cannot try to obtain the rest of the money you alledge i owe.

* you dont have a valid consumer credit agreement under the consumer credit act of 1974 so under the consumer credit act you or any other company can not ask me for money to pay this debt and as a result of this you will not be getting a better offer.

 

This is work on able so any thoughts please post.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

rite i have this as a work in progress.

 

Dear sir or madam.

 

Re acc 1234567890.

 

FULL AND FINAL SETTLEMENT OF THE ABOVE ACCOUNT.

 

As you will be fully aware under the Consumer credit act of 1974 i am legally able to request a copy of my Consumer credit agrement provide l pay the fee of £1.00. On the XX XX 2008 i done this.

 

On XX XX XX you sent me a sample credit agreement. As you will be aware this does not comply with the Consumer credit act of 1974. I wrote to you on the XX XX XX pointing out this and on the XX XX XX you wrote to me advising that you will continue to break the consumer credit act of 1974 by chasing me for this debt as you feel yo have fulfilled the obligations.

 

You should be fully aware of your obligations under the CCA of 1974 as it has been about long enough for you to read and understand.

 

To try and sele the matter of this account i am willing to offer you a full and final settlement of £14.00 for this account.

 

This figure is based on what l owe you in relation to the account after the following have been removed.

 

All admistration fees,

All service charges,

All postage and packaging charges and

All payment already made.

 

This offer is allso on the basis that.

 

1) your remove all data from my credit records. A adjustment is not acceptable all data needs to be fully removed.

2) all admistration fees, service charges and postage and packaging fees are rempved from my account.

3) you or any other company do not collect any outstanding amounts of money you may feel is owed by me.

4) I am completly discharged from ALL liabitlity of this debt.

 

you have 14 days from the date of this letter to agree to this preposal.

 

Yours

 

The God Mother

 

CC

Norfolk trading standards.

Preston trading standards.

OFT.

FSO.

ICO.

  • Haha 1

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Ok how does this sound.

 

what you alledge i owe in relation to this debt?

 

 

But other than that does it sound ok?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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ok just recieved a alert from equifax re my credit report.

 

Changed Status of Account Summary Company NameAccount TypeAccount NumberStatusNew InformationEXPRESS GIFTS - STUDIO (I) Mail Order Agency XXXXXXXXXXXX3338 0(Up to Date) Previous InformationEXPRESS GIFTS - STUDIO (I) Mail Order Agency XXXXXXXXXXXX3338 3(In Arrears)

 

My guess is they are shipping this to a DCA.

 

Looks like round 2 may be starting

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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oh they can do as they have the signautre for all the stuff that is left on the account.

 

the payment is to shout these dimwits up us i am recieveing phone calls everyweek and they dont get the message

 

They have even claimed they dont have to provide a credit agreement by law to me as i would hold a copy of it. The only ppl they need to provide a copy to is the courts, trading standards, oft and another offical body.

 

I asked them were they get the rubbish they are spouting from and she said head office i told her to send them an email advising them to read the consumer credit act of 1974 then could not stop laughing whenshe advised me how much l owed them.

 

I said take me to court then but remember to provide the CCA and hung up.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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There's postings around here that say an account without a valid CCA agreement is actually a gift and that any payments are voluntary repayments of it! How do you register a failure to make voluntary contributions towards a gift with a CRA? I'm sure that the judge would be impressed by that.

 

I've seen the videos, stop messing about with these people, just chop off the horse's head & put it in the in the MD's bed.

 

Grumpy

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If you can change your phone number with them, sign up for a free sipgate account, get a phone number & put that in place of yours.

 

You get a log of calls & can listen to / download their messages. Presumably you can post links to them here so we can all listen - if you can find a server to put them on to ...

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