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    • Well, you've highlighted the problem yourself, whatever you decide will carry some risk.   However, I would think the risk of a default judgement & CCJ is to be avoided at all costs and the least worse thing would be to write them a two-line letter with their reference number and your new address.   As usual, any details you can give us on the forum sticky would be useful for the future      
    • That the value I paid for.. 250..  The cctv footage it's archived. 2 of them.. 
    • No copy of signature.. Just a name "jolly"... On tracking no proof of signature 
    • Thanks for the message that is what I thought. In the mean time they have sent another message, below, I can’t follow up with Amazon until 48 hours. But I will go armed.    “Your return period is 30 days with ourselves and then you are covered under the manufacturer’s warranty.”    
    • OK, I found the letter I was looking for:     Dear Sir/Madam,   Reference: [order number]   On [date], I placed an order for a [item] and it was delivered by you on [date].   I have discovered that the [item] has the following problem: [give details].   The Consumer Rights Act 2015 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose.    Any returns policy that says I have to cover the cost of returning items must only relate to the situation where I change my mind about the item ordered and not where there is a problem with the item.    I should not lose out financially as a result of your breach of contract and accordingly all costs of returning the item should be met by you.    I also require you to confirm you will arrange for [the item] to be collected.   I look forward to hearing from you.   Yours faithfully, [Your name]
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    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 12 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
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Hi ,have just received letter from Asset Collections & ivestigations,( also known as JB Debt Recovery,same address )

Have not heard from Studio for about 2 years,then this turns up !!!

studio upload.pdf

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Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign


Anthrax alert at debt collectors caused by box of doughnuts

 

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cca?


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Hi Natalie, CCA is a CONSUMER CREDIT AGREEMENT, best wishes.Steve

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Yeah I know, I had posted it before I saw Cerberusalert's post.. meaning "have you requested a CCA" :D


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Yes thanks , sent this morning, Sorry for crossed wires !

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They will almost certainly send you a copy of an agreement with yor details filled in and a standard copy of a default notice if they issued one.

 

With regards to the CCA this is all they actually have to do to fulfill the CCA request they just cannot enforce any debt without the original.

 

To make them come up with an original you would have to take them to court where they will have to produce it or prove some other way you had an account with them.

 

See what they send


IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Hi there, would they have to come up with the CCA if i was to send SAR ,thanks.

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Hi there, would they have to come up with the CCA if i was to send SAR ,thanks.

 

Yes

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:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Hello all,

My wife CCA'd Studio in February and as they failed to comply put the account in dispute after the 12+2 days. Since then she SAR them sending the £10 statutory fee and they cashed it against her account and failed to supply any documents. This morning she received a letter from their debt collectors demanding the £900 which is mainly made up of their charges. She has had the account with them since 1996 and is now being taken to court. Any advice would be most appreciated and would like to hear from any fellow Studio customers.

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They have 40 days to comply to your SAR, if they fail to provide it within that period make a complaint to the ICO https://www.ico.gov.uk/Global/contact_us.aspx

 

As for the DCA send then this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

When you say she is being taken to court, have you received the court papers or are they just threatening? Either way in the absence of an enforceable CCA they will have no chance in obtaining a CCJ. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Have just had reply from JB Credit, who are the DCA's for Studio, they have sent previous statements, but no CCA, will they come up with one.

the account was openened in 2003/2004,what do you think.

Also attached to statements is a with compliments slip, requesting immediate payment.

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They won't provide a CCA because they don't have one. The nearest you're likely to see will be a blank agreement with your name & address written in by them. :rolleyes:

 

Send the DCA this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Many thanks for your help once again !

Also could you tell me, i am dealing with another DCA, for a seperate account, who i have on just sent CCA letter to and included £1 postal order for the fee, on the CCA template it clearly states for CCA use only, but they have sent a letter stating the payment has been applied to the account,can they do this,thanks.

Also think it mat be Statute Barred as not on Experian

advantis 1.pdf

Edited by littlefatbudha

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They can do what they like with the fee you paid for the CCA. Some DCAs credit it to an a/c in the hope that it may be construed as payment by the debtor hoping that it might nullify a nearly statute barred debt. :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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I take it because of what the template states for CCA, then if it went to court ,then they would not be able to use this?

I guess it would help them sell the debt on if they said a recent payment had been made on the account, though.

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It would be a bit of a coincidence that a CCA request was made & then a £1 payment was credited to the a/c at the same time. :rolleyes:

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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We have had all this with them they are persuing me for goods we havent had, i have told them that i will fight it in court!!

 

They think they can say and do what they want but stand your ground, if you have reason to that is.

 

they just try and threaten you

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I love this site so much, and tell everyone i know about it, they cant bully us anymore,i will be buying some CAG stickers, shortly aswell to let them know i am not alone !!!!!!!!!!!!!!!

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