Help with a final letter to Studio, Please!

[shalaz]

Hi Shalaz here,

I have had several communications, with Studio, since requesting a true signed copy of a CCA in Dec 2008. Al of which have been answered with the sameletter. "Your complaint has been previously dealt with, by myself, Miss K. L. from within the directors office and we now see the matter as closed".

 

They sent me a blank CCA in early January 09. I followed advice given and sent them a letter, Account in dispute. Answer from them same as abouve!

 

They just keep saying they have complied with my request and my complaint and see the matter as closed.

The latest letter, last week, states the same, "fully complied with my request, matter closed. They now threaten to pass the debt on to an external DC, unless i give valid reasons why i cant pay urging me to contact them!

 

I have sent numerous letters, re- itterating that the account is in dispute and requesting that they send me a True signed copy of a CCA, for which i had paid. The answer is always the same, they see the matter as closed!

 

Can anyone help me with a letter to send to them as a final and last communication! The letter of dispute, end Jan 09, seems to have had no effect at all with them. They have disregarded my request for a "true signed CCA" and the letter of dispute. Also they have used the £1.00, which i sent to them, for te CCA request, on the account, as a payment?

 

I would be very gratefull for any help with a letter, thanks everyone, Shalaz:confused:

[clemma]

Stubborn aren't they. If they do pass it on to a DCA then there is a brilliant letter you can send to that DCA. In the meantime, have you tried sending the following letter. You may get the same response though. Also, complain to the OFT, FOS and Information Commissioner ASAP.

 

Dear Sir/Madam

 

Re: − Account/Reference

 

I refer to our recent correspondence regarding the above account where I requested a signed copy of the credit agreement (which you have not been able to produce) or (which is not executed in accordance with the Consumer Credit Act 1974) and do not recognise any liability to you or your legal right to pursue this alleged debt.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

 

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

 

Should I wish to pursue court action there are firms now willing to do this on a no win no fee basis and this would incur considerable expense to your self both in litigation costs and my legal costs

 

As a compromise I suggest you write off this alleged debt and remove all reference from my credit files.

 

Should I not receive a satisfactory reply then I will be considering enforcing my legal rights through the courts and would suggest you pass this letter to your legal department for their attention.

 

Yours faithfully

Your name

Name

 

Also, have a read through the following thread, as you may find this to be a better way to get any signed agreement they may have (although its doubtful they have anything anyway) http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[shalaz]

Thanks very much for the reply!!

I will use the letter you have said and see what happens next! You are probably right, the answer may stay the same??

 

Yes, i already sent a letter requesting the info under CPR ruling. That was the last letter i sent and the reply was the same! I am sort of running out of replies to send to them! It would seem they only have one standard reply to any requests I have made.

 

Thank you again for your help, Shalaz;)