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    • Just realized that the deadline for paying the £59.00 trial fee has passed on the May 17th. But when contacting the helpline this week, I was told the court hearing date is still on? By now, I have fully realized I have messed up. Should I just drop this case and go after Interparcel?
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    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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studio cards - stick to my guns?


melly-mo
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i have found this site so enlightening that i have decided to take the plunge and post a thread. Please bear with me!

I need advice on one of my catalogues, Studio Cards. I issued a CCA request September,and received a blank unsigned copy of the credit agreement. I know from your site this probably means they have no original agreement. I waited for the 12 days to expire and issued a default notice to them but it is the reply i received that i need advice on.

In this letter they admit the agreement would be unenforceable in court BUT

"We are satisfied upon discussion with the Information Commissioners Office that this debt can be registered as a default with credit reference agencies" AND

"With regards to the Data Protection Act the declaration on the information pages in the catalogue which you made your inital order from state; We may search and share files of credit reference agencies...and we share the informationand the conduct of your account with the relevant third parties"etc Shall I stick to my guns?:?

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Hi Melly Mo, and welcome to the CAG forums...getting a default is certainly not easy...but do have a read of these... -

 

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

 

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

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/

 

Are there some excessive penalty charges on the account also ?

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Is it not true that if you have made any payments at all you are acknowledging the debt and therefore enforceable in court?

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Thank you both for taking the time to reply. I get frightened with lots of legal terms but i'm sure i'll pick it up.

As i understand it - i have withdrawn permission for my data to be processed. Can they do this anyway if it is printed in the catalogue T & Cs?

Whether it is ethical or not, I feel i have paid enough in the past to this catalogue - mainly in interest - unfortunately my financial position at the moment does not really give me any choice. The choice is to challenge my "credit agreements" or go bankrupt. I have three other debts i am also challenging - no CCas yet!

I obviously do not get into trouble and i hope with all your support i can improve my life.

Many thanks

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My mum had exactly the same with Studio, loads of people have. They sent her an unopened agreement, like they have done to many people. If there are charges on the account(normally £20) you could challenge these. Write them a letter state how much your original order was and how much you have paid (mum got a xmas tree for £23 and paid £75) tell them you won't be paying any more- account is IN DISPUTE- no enforceable CCA request plus unreasonable charges. I did this for my mum and they cleared her balance of £120 (all from charges) I did want to go after the charges they applied but mum was just happy to get them off her back. Studio seem to have their own set of rules that they dream up. Good luck

<<<If I have helped please tickle the scales;-)<<<

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I will move your thread to where you will get more help. :)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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If you go to the main page it is in OTHER INSTITUTIONS. Near the bottom of the page.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi Melly-mo

 

Stick to your guns and go for it I say!! If you click on my name and go to threads started you should be able to find details of my claim against studio!

I claimed back all the charges made to my account INCLUDING the service charges - I also applied for a copy of my signed cca which they couldnt supply - and YES they paid up!

 

Hope my thread gives you the encouragement to carry on with your claim!!

 

Cheers

FBD x

:D

Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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