Studio Card have pee'd me off.

[alfwithhair]

Received there anser today for the prelim I sent to Studio. They are prepared to repay Admin charges (late payments) + interest but quote "we do not offer interest free credit" so have refused the service charges (interest).

 

My partner got the same letter as we are both claiming.

 

I guess now it's the LBA asking again for the full amount before court action as they have NOT provided a signed CCA.

 

You are flogin a dead horse. They refunded my admin charges but have told me on numerous occasions that they will not refund the service/interest charge, NO CCA or not.

 

You could try taking them to court, I have also sent them LBA but they will still not give in. The told me in writing "I WILL LOSE IN COURT'

[roboticboy]

So just because "they told you" - you beleived them??? They CANNOT enforce the agreement if it isn't signed - it actually says this on the blank agreement they sent me. I don't mind court action. Already filed court actrion on 2 banks & won (they bottled it before the date).

[alfwithhair]

Just because they can't enforce the agreement doesn't mean they will give you the service charges back.

 

I may well win on the day, but on not taking the chance and ending up with a claims for their costs.

 

They can't enforce my debt either so I am just letting sleeping dogs lie.

[roboticboy]

So did you get the Service charges back or not then? Did you file a court claim after your LBA?

[alfwithhair]

I got No service/interest charges back, just the admin charges.

[roboticboy]

but did you file a court claim for them?

[alfwithhair]

NO I just said, I am not risking losing and ending up paying their costs. They are not bothering me any more so am letting sleeping dogs. They have NO CCA, so cannot enforce it.

[The GodMother]

Hi All.

 

Post has just arrived.

 

Got a lovely letter from studio this is what it says.

 

Account number:- Who cares.

balance """""""""""""

mininum payment """""""""""""

 

Dear GodMother

 

Your minimum payment is now overdue. Please pay this minumum payment immediately to avoid further action.

 

Further orders will not be accepted unless payment is made. if failure to pay is due to an outstanding query then please call our help line on 0871 cost a lot where our staff will be happy to help you.

 

If you dont make a payment then admin charges will be added to the amount outstanding each time we have to remind u.

 

Please accept our apologys if this letter crossed your payment.

 

We look forward to your co operation in helping your account run smoothly.

 

Your Customer services.

 

They have even provided a envelope for my payment to go back in but it needs a stamp.

 

 

A letter saying where to go and provide me with my cca and reminding them of the consumer credit act my be useful.

 

OFT complaint reminder aswell and telling them unless they stop harassing me i will take them to court.

[alfwithhair]

I will expect my copy from the idiots next week then Chrissi.

[The GodMother]

yep i just dont see why they cant accept the truth.

 

They are getting nothing from me but the admin charges will be reclaimed due to not CCA and the interest is illegal as that can only be claimed under the CCA rules if they have a valid one.

 

I do love reading there excuses for not providing a valid one tho. The cca rules dont state we have to.

 

The OFT and ICO and courts accept that all catalogue comapanys may not keep the originals so we would not need to provide them in court.

 

well i will be sending them a lovely letter back using there own advise on co operation and wait for a valid cca etc.

 

Would like to see how they take that.

[moggieb]

Hi,Chrissi

 

Not sure if you're around to help at the moment as I know you have a more pressing event due:D but have received the following letter from Moorcroft re CCA for Studio. £1.00 payment has been returned,no statement of account though.

 

 

Advice on next step much appreciated. All the best.

 

Marg.

[pt2537]

Hi,Chrissi

 

Not sure if you're around to help at the moment as I know you have a more pressing event due:D but have received the following letter from Moorcroft re CCA for Studio. £1.00 payment has been returned,no statement of account though.

 

 

Advice on next step much appreciated. All the best.

 

Marg.

oh they are having a laugh

 

so we sent it to you years ago and its your fault that you never kept it?

 

 

oh dear, that wont cut the mustard im afraid

 

you can demand at any time while the agreement is functioning that the creditor supply you a true copy of the credit agreement and they are duty bound to supply it

 

Dear Mrs Dyde,

 

Thank you for your letter the contents of which i note

 

i am rather perplexed by your response, a simple "well it was sent to you when you opened the account and you should have kept it safe" does not satisfy my statutory request made under Section 78(1) of the Consumer Credit Act 1974

 

No where within the CCA 1974 does it have a provision that allows a creditor to excuse themselves from their obligations on the basis that the copy was sent when the account was opened, therefore i look forward to your compliance with my request

 

no further correspondence will be entered into on this matter until you provide the information i have requested this extends to any negotiations with regards to settlements as i am advised currently the debt is legally unenforceable per House of Lords Rulings in Wilson and FCT , Dimond and lovell, Wilson and Hurstanger etc all of which dealt with issues such as this

 

i am sure you will be aware of the OFT guidelines on debt collection and i expect you to cease collection activities until such time that you provide the info requested

 

regards

 

 

 

 

 

 

that should shut em up

[roboticboy]

My claim with Studio so far......

 

31-3-08 - Sent SAR,

07-4-08 - Received "trading statements",

15-4-08 - Statements were "cut", requested confirmation I had all info,

23-4-08 - Studio confirmed info was correct.

02-5-08 - Requested CCA, sent £1,

14-5-08 - Received UNSIGNED CCA,

19-5-08 - Sent Prelim for £703.01 (with £139.50 interst included) for

Admin charges & Service charges,

23-5-08 - Goodwill gesture. Full Admin charges + interest = £363.36,

29-05-08 - Sent LBA for the Service charges + interest = £340.30,

06-6-08 - Received Admin cheque & refusal letter for Service charges,

 

So far this has been so easy with Studio. I thought they might dispute the Admin charges but paid up after the prelim was sent. The state in the service charge refusal letter that I "decided" to pay for the goods on credit terms, etc. Then they talk about Data protection act & that no amendments will be made to my credit file.

 

I defaulted on this account in Nov 2006 for £196. Had Moorcroft DCA letters which makes you sweat - only wish I knew then what I know now!!

 

My credit file via creditexpert.co.uk states the account as "DEFAULT" but now "satissfied" (Dec 2006)..

 

My Defaults was my £196 & the Admin charges alone (without interest) was £563 so the Default was made up of charges. DO THEY HAVE TO REMOVE THE DEFAULT BEACUSE OF THIS?

 

Regarding the Service charges.....I guess as I've issued the LBA & have not got the full amount I start a MCOL (money claim on line) for the remaining Service charge/Interest as they do not have a signed CCA??

 

 

All the best - ROBOTICBOY.

[roboticboy]

Small Corretion to above - my Default was £196 & the Admin charges alone (without interest) was £293 so the Default was made up FULLY of charges. DO THEY HAVE TO REMOVE THE DEFAULT BEACUSE OF THIS?

[The GodMother]

yes moggie.

 

Dear morons.

 

thank you for you letter.

 

Please go fourth and mulitply if you think that is going to surfice as a consumer credit agreement.

 

If you daft idiots think that that is going to make me pay you any money then you are as dumb the dog poo in the street.

 

Yours

Moggie.

 

The above loosly translates as what PT put or even I am not paying u anything so leave me alone.

[moggieb]

Thanks GM-knew I could count on you! also thanks to PT for the more PC reply;). Letter sent to Moorcroft,SAR to Studio.

[roboticboy]

WATCH OUT WHEN IT'S ALL SORTED OUT - Studio have settled in full for the ADMIN charges so I will issue court proceedings for the service charges.

 

However, they have just updated my credit file!!! It said I defaulted in November 2006 for £194 but settled in December 2006 as I paid £194. The balance on Credit Expert was £0 for some time but it is now £70 in debt to Studio!!! I phoned them & asked about it. They said my balance was £0 but my account has been passed to an outside agency - WTF is that all about then.....

[moggieb]

Sorry to hijack GM's thread (again)-but I'm sending S.A.R. to Studio for my son's partner. Firstly who do I make the cheque payable to (Studio or Express Gifts) and 2nd-should which address do I use, please?

[roboticboy]

Pay it to STUDIO & send it to:

 

Studio,

Preston,

Lancs,

PR0 2BP

[The GodMother]

I dont mind sharing but have u CCAd them as they tend to send a tradng statement with each cca which is a full list of chagres payments etc on the account since it opened.

[moggieb]

Hi GM-how are you? Hope you don't mind me posting on your thread but you're our resident Studio expert!!! Have received the following response to our CCA request. They very kindly filled in daughter in laws details on the sample agreement btw!!

 

 

How do we stand with this? Obviously have no objection to paying for the goods but would like to reclaim the admin charges (only £100 but its a lot to them at the moment) and the extra interest & PPI she has paid due to the increase in the balance caused by the admin charges (if you see what I mean).

 

Any advice/guidance would be much appreciated (goes without saying I realise how busy you must be with new baby:)). Many thanks.

Edited July 25, 2008 by moggieb

[The GodMother]

Rite for starters i cant acess your link u need a bracket at the begining.

 

a sample agreement huh the old trick

 

Let me guess they have put In order to comply with your request i have enclosed a sample credit agreement.

 

they did with me thats why.

 

I would send a non compliance letter that i can provide for u.

 

they will then more than likely waffle on about the OFT and local TS acknoledges for them to provide the above info. and more blah blah blah we have complied.

 

then for every letter u send them they send u one back demanding money.

 

you now have 2 options send a non compliance letter and see what u get back

or u could send a non compliance letter with a spread sheet and ask for all payments for stuff other than good back.

[moggieb]

Let me guess they have put In order to comply with your request i have enclosed a sample credit agreement. Yep-does it show on the previous post?

 

they did with me thats why.

 

I would send a non compliance letter that i can provide for u. Yes please if its no trouble.

 

they will then more than likely waffle on about the OFT and local TS acknoledges for them to provide the above info. and more blah blah blah we have complied.

 

then for every letter u send them they send u one back demanding money.

 

you now have 2 options send a non compliance letter and see what u get back

or u could send a non compliance letter with a spread sheet and ask for all payments for stuff other than good back. This one I think.

 

Thanks Chrissi.

[The GodMother]

It does now show. Good where have i seen that template b4???? the only difference is the personal details and the amounts. Not that i can see them but u know what i mean.

 

Will sort it when i have 5 mins.

[moggieb]

And here we were thinking we were priviledged to receive such a personal reply from them:rolleyes:. Guess there's a few of us eh? Thanks for your help GM.