Studio Mail Order CCA

[Jamesx81x]

Hi

 

I sent a CCA request to studio regarding a debt they were claiming i owed.

 

They sent me back a copy of an application form which they had filled in and even admitted they could not produce any signed copy or a copy of any such default notice as they did not hold them just apparently keep a record of when they were sent.

 

They are also claiming that by sending the application form they have met their obligations under the act.

 

I was wondering how i can get them to stop claiming the debt and have the default removed from my credit file as they have no record or proof of anything and i have never recived any such default. Just them saying i owe it.

 

Thanks

[42man]

You might have to take them to court James.....have a read here...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/150988-elizabeth1-cabot.html

 

or...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161066-default-removal-can-happen.html

[dpick]

Hi it's as 42man says you may have to take them to court.

 

They MAY have complied with your CCA request by sending the reconstructed agreement but without a true copy of the original signed credit agreement then they would not be able to enforce the agreement in court if the agreement was signed before the amendments to the CCA 2006 came into force.

 

dpick

[Jamesx81x]

Thanks for the replys.

 

Nothing is straight forward is it

 

What about the defualt notice and the lovely CRA's. surely if they cannot provide proof that one was ever sent whch it certainly was not then should they be allowed to mark my file with a default entry?

 

Thanks

[42man]

Another interesting thread James...

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/148383-finlander-wants-soak-abbey.html

[Jamesx81x]

Much appreciated 42man a few things i think i can use there.

 

I have given up on contacting studio for the usual standard replys i keep receiving.

 

In an effort to keep it out of the courts and show them if i do have to end up going to court that i have tried all other avenues, would you say its the FOS or FSA who have more kick and are likely to reach an outcome?

 

Thanks so far

[42man]

FOS, will usually only get involved if there has been a 'financial' loss....try OFT, TS and FSA....

[pt2537]

Studio???

 

Hmm very much like Littlewoods, Kays,Additions, GUS , Next

 

Insofar that they do not hold a copy of the signed agreement

 

They are easily beaten,

[Jamesx81x]

They dont they have already told me they dont.

 

Just trying to get them to bog off and get my default cleared

[Jamesx81x]

After looking at Finlanders post i refer to the Information Commissioners guidance on the Data Protection Act.

 

The lender has to be able to back their claim to default been added to a credit file.

 

To avoid legal action the CRA's have to request that the lender provide them with evidence to substantiate their claim. A time frame of 28 days is given.

 

After all this the ICO can then step in.

 

Goodbye studio!!!!!!!!