Studio Card have pee'd me off.

[The GodMother]

personal reply my backside.

 

What type of bog off letter do u want? long or short?

[moggieb]

Well, it was personally addressed:p. Longish-but not too many expletives please-I know what you think of these people:). Seriously-just a few main pointers will do,I can fill in any padding then post back to see it you approve.

[The GodMother]

cant be to long due to there ablility to read.

[The GodMother]

Well hello all.

 

Post has just arrived with a letter from these idiots in house ppl demanding Money. The letter makes me laught really.

 

You MUST make immediate payment of no less than £57.47 followed by further payments of not less than £57.47 every 28 days. You MUST supply me with a Valid CCA.

You MUST also call this office on 0871 without delay, No thanks i am rather busy eating my luch food is more important also a 0871 number is expensive and against OFT guidelines on debt collection. in order that we can record your payment arrangement, Payment arrangement no thanks to ensure all collection activity is suspended. Cant collect on this debt. At the same time payment to be made by credit card or debt card. Why thank you. I trust u will be supplying me with your credit card details so the debt can be paid.

My comments are in blue.

 

Well thanks for the advice. You will be recieving my letter offering a day in court if u feel u have anything to go on.

 

Also pointing out the various number of OFT guidelines on debt collection u have broken.

 

Having fun with this one.

Edited August 6, 2008 by The GodMother
adding my comments.

[alfwithhair]

They rearly don't know when their beaten do they Chrissi,

Got Robbinson way to sent the account back to Studio with a little help from TS. What do they do then, pass it on to Mac Hall.

 

Brain of a gnat express gifts, if one DCA can get nothing why do they think another will?

 

Beggers belief what goes on in their collection department.

[The GodMother]

well i know they dont understand dont call me as i have recived umpteen calls and whn i sent them an LBA they appologised for any phone calls i considered harrassement.

 

Printing the bogoff letter right now. My fees have been added and i have informed them that if my demands are not met within 7 days of the date of this letter that a complaint to TS will be made.

 

letter sent. A bit polite and very straight to the point. God its boring being polite and not saying what u wanted to. I have also sent them a trespassers will be shot letter so they are fully aware why there field agent did not come back.

Edited August 6, 2008 by The GodMother

[The GodMother]

Still not heard anything from the DCA its over 2 weeks now.

[The GodMother]

hi all

 

Post has just arrived and in it was a DEAFULT notice.

 

Now it was dated the 16th August 2008 and states it is served under the s87(1) of the CCA1974.

 

it states the following.

 

Details of your account have been passed to use by studio as you are in breach of the payment terms of you credit agreement XXXXXXXXX. To remedy your breach you must make payment to studio before 30 aug 2008.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THIS BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THE THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

On or after 30 aug 2008 a demand will be made for payment of £XXXXX, being the full balance owing on your account. If nothing is paid instructions will be issued that could result in legal action against you with all costs incurred being added to the debt owed. In addition your deafult will be registered with all the credit referance agencies which could seriously affect your creditworthiness.

IF YOU HAVE ANY DIFFICULTY PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY ACTION REQUIRED BY THIS NOTICE YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR YOUR SURETY MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE.

FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVISE BUREAU.

****TELEPHONE 0871769952****TO CONFIRM HOW YOU WILL PAY THE £***** OR IF YOU CAN PAY BY CREDIT OR DEBIT CARD.

 

Rit all this is exactly how it reads. I have typed it in red so it is easy to be notice from the rest of the text.

 

My letter dated 2 weeks ago has still been ignored unless this is the reply and the DN id full of charges which studio have REFUSED to refund as they dont accept the CCA is invalid.

 

TS have been useless and Studio are in breach oft OFT gudelines. FOS have been informed but not herd a thing. Studio ABD dca have been informed i have involved fos but they have both carried on there enforcament action.

 

Your views plez. Also if any body has a copy of how a deafult notice should look then it would help as i may need this for court action.

[alfwithhair]

who is this default notice off. Studio or Robbersway?

 

Have sent you PM Chrissi

Edited August 20, 2008 by alfwithhair

[The GodMother]

It was sent by Debt collection and security. There inhouse poo flingers i think.

[The GodMother]

Rite SAR'd them now i got this letter back today

 

Dear GM.

Thank you for your recent letter which has been forwarded for my attention.

Please find enclosed the Full Trading Statements sinces its inception in Jan 07. As there is no charge for a Full Trading Statements the £10.00 payment has been taken from your account balance.

Undert the credit terms your statements are issued every 28 days advising you of the minimum payment and the payment date. We reserve the right to apply a deafult sum each time u fail to pay the full required payment. (This may be subject to variations from time to time)

We do advise you of our right to apply a deafult sum in the policy pages of the main catalogues that are issued.

I Trust this is to ur satisfaction and assure you of our best attention at all times.

yours

Customer Care Department.

Now the letter was addressed to the data controller and the Custimer care depo writes back and does not reply with what i have asked for.

 

Any suggestions on what i should put in my strongly worded letter will be helpful.

[The GodMother]

rite on the9/9 08 i sent them a letter re the above they sent me in response to my full SAR.

 

Had a phone call from the DCA. they got a bit annoyed

 

Me hello

DCA hello my i speak to GM

me hows calling please.

dca Debt collection and security

me i have asked u to put all info in writing so please do.

dca before i action that request i need to go threw some security questions.

me i have already asked u to put everything in writing so please do so. goodbye

 

now this morning i recieved this

 

Statement from them showing my SAR request fee on there statement dated11th September 2008

 

the following letter dated 13th Sept 2008

 

Dear GM

It is a legal requirement to send a notice of intended litigation before legal procedings in the County Court Are issued. T?his letter fulfils this requirement even if not actually read by you.

To prevent legal action from being taken you must settle this debt immediately. Payment must be paid in full within 7 days or contact made with this office immediately by telephone on 08713769952. Failure to contact us by 10 am on the 23rd September 2008 may result in legal procedings being issued without further notice.

We would draw to ur attention that if judgement and an order for the repayment in full is obtained and remains unpaid enforcement action of the Sdebt may be sought by one or more of the following procedures.

1. Application for attatchment of earnings with your present or future employer.

2. Application for a charge on any property you may own or are purchasing under a mortgage.

3. Application for ypu to attend court for questioning.

4. Warrent of execution by baliffs.

If judgement is enteredagainst you then this may effect any future credit application you make elsewhere. All legal costs ( including statory interest costs incurred are usually payable by the debtor.

You can telephone this office to make payment by credit or debit card. Alternatively you can pay at any bank using the attached giro slip or by sending the giro in the post with a cheque or postal order payable to studio using the enclosed envelope.

yours sincerley

G. Stephenson

Debt Collection and security.

typed it out exactly how it is.

 

Noow they are threatening legal action when Studio have said they know they cant take it.

 

2 previous calls from DCS have sited the rankine case sayin that they dont need a cca to take any action on me. When i pointed out the rankine case is floored they laughed and sid u wish.

 

any help will be appreciated.

 

GM

 

[MONX]

Hi GM

 

This is my worry, I've heard a lot of DCA's are now using Rankine as a defence for not providing the CCA.

 

Surely tho, any judge worth their salt will not grant CCJ or worse without an enforceable CCA?

[alfwithhair]

I have had this same letter from these muppets before the shuved it on to Robbersway, who decided it was a waste of time and sent it back to Studio.

 

Mucky Hall have it at the mo, but have not even bothered to reply to them plonkers.

 

It will be just more ideal threats Chrissy - If they think they have anything to take you to court with, let them try - we both know they haven't.

 

Would loose any sleep over it.

[pt2537]

standard template letter

 

firstly, i would say that since they are reliant upon the CPR then they are duty bound under the CPR to disclose documents under the pre action protocols to allow you to investigate the validity of their claims so i would ask for disclosure but do it properly not with any "Dear Morons" style letter

 

since they have failed to provide a complaint credit agreement as required by s78 CCA 1974, you would be within your rights to ask the court to grant an injunction til they comply

 

they really are dum dums by going down this route , it does not allow you a reasonable amount of time to deal with the matter as they only give you 7 days to reply and they are asking for payment via credit card????? TOTAL BREACH OF THE OFT guidance on debt collection

[The GodMother]

No i wont lose sleep but what is blatenly obvious is that one Depo dont talk to another as i have department saying

 

it is clear the debt exists but, of course, we are also aware that the courtswould not, at present, be able to grant an enforcement order should a deafult summonds be issued by us because of non payment and defended on a challenge to produce a copy of the original signed agreement, as defined by Section61 of the Consumer Credit Act 1974, unless we are able to produce a signed copy of the original agreement in support of the claim.

With the other saying i dont care pay us or u may face court.

[The GodMother]

Hi Pt.

 

I have sent a SAR request and they replied with a trading statement and a lletter saying they were applying the £10 to the account the letter at the top of the page, post 161, is what they sent me dated the 2nd september. I have wrote back asking they comply with my request and remove the £10 from my account i also detailed what i expected the request to have in it with the help of

'DATA PROTECTION ACT - SUBJECT ACCESS - A GUIDE FOR DATA SUBJECTS - Pamphlet No2'.

 

What do ppl think i should do next. They have recieved my complaint letter as it was recieved on the 10th September.

[alfwithhair]

No i wont lose sleep but what is blatenly obvious is that one Depo dont talk to another as i have department saying

 

it is clear the debt exists but, of course, we are also aware that the courtswould not, at present, be able to grant an enforcement order should a deafult summonds be issued by us because of non payment and defended on a challenge to produce a copy of the original signed agreement, as defined by Section61 of the Consumer Credit Act 1974, unless we are able to produce a signed copy of the original agreement in support of the claim.

 

With the other saying i dont care pay us or u may face court.

 

Heard it all before from Studio Chrissy.

I too have a letter saying exactly the same as above from them July 07. A week after they sent it they instructed Robbersway to collect. After telling them to kiss my chuddies they returned it to Studio, Studio were then stupid enough to write to me saying

 

"they were not prepared to write the debt off on the off chance I might defend any legal action they may consider taking" How dim are they.

 

So they dumped it on Mucky Hall earlier this year. Who I just ignored.

I hope they do try and take it to court, will make my day . LOL.

 

Good luck with the idiots.

Alf

[The GodMother]

Hi all.

 

Saturday i recieved another letter from these lovl ppl. please note this is how the letter is typed.

 

* YOU HAVE FAILED TO PAY STUDIP AS REQUIRED.

* DETAILS OF YOUR ACCOUNT ARE BEING SENT TO MOORCROFT DEBT RECOVERY LTD. WHO WILL CALL AT YOUR HOME TO COLLECT THE DEBT

* ALL LEGAL COSTS OF COURT SUMMONS WILL BE ADDED TO WHAT YOU ALREADY OWE.

*A RECORD OF YOUR DEAFULT WILL BE MAINTAINED ON A NATIONAL CREDIT REGISTER FOR SIX YEARS. THIS MAY AFFECT YOUR ABLILTY TO OBTAIN CREDIT IN FUTURE.

* ONLY A IMMEDIATE REALISTIC PAYMENT OFFER CAN STOP THESE ATIONS IF AGREED BY TELEPHONING 08713769952 NOW.

You can also telephone us to make payment by credit or debit card, Alternatively you can also pay at the bank using the attached giro credit slip or by sending the giro in the post with a cheque or postal order, payable to studio, using the enclosed evnelope.

 

This is a FINAL DEMAND and it is not my intention to write to you again.

 

Now my records show all they have ever sent was a sample agreement which has no signature on it.

 

in February they said they are aware that the courts would not grant a enforcement ordershould a deafullt summons be issued. Later in the same letter they say if it subsenquently transpires that you did not sign a copy of the credit agreementwe realise the debt would be unenforcable. We are satisfied upon discussion with the ICO and on legal advise that it can still be registered as a deafult with the CRA.

 

I wrote back saying i have never signed a greement, which is true as this is the first time i have seen a cca from studio, which they said we have complied with our obligations this is a valid debt give us our money.

 

Also Studio have failed to comply with a SAR request but they have sent a trading statement and applied £10 to the account. I am waiting to hear back from the ICO over if i have a cause againt them as telephoned them asking but have not heard anything.

 

 

Feel free to comment

[pt2537]

**YAWN** cant they think of anything better than that

[The GodMother]

I dont really care if they can or cant.

 

I now hve not made payment or acknowledge the debt for over a year so it is only 5 more to go. That is unless they produce a valid agreement with my sig on it but i know any agreement would not contain my sig for reasons i will not say.

[carlbcfc]

I requested the CCA but via Incasso who they have chasing it for them. Its now been 16 working days.

 

I phoned studio up today to check the ballance...they said it went to Incasso at £332.....Incasso say £352

 

Value of goods were £257

Ive paid them £60

so thats £197 right????? ...no its nearly doubled to £352

 

 

They are thick as fook. I aksed one advise what I have paid them...."we cant get that info" she said....so down goes the phone and i press redial, and within 3 minutes i had the info of someone else.

 

Ive had 4 late charges they say so thats £80.

 

I also offered them £86 in an FFS.

 

Its not that i want to avoid the debt as it were fine till i lost my job. Now im joining the army a default is not something that looks great so im trying to get matter closed asap thats why im making pro rata offrers to creditors.

[The GodMother]

write a letter to them offering the amount

[carlbcfc]

I offered Incasso £86....likely to accept?...ive not heard anyone mention Incasso here.

[The GodMother]

not heard of them but would not know.