Studio (Express Gifts) / Wescott

[carlbcfc]

The original debt was I think £230 when i lost my job last year., its now £332 due to Studio's £20 charges (are they legal?). It went to iqor, and I made them F&F offers that were never forwarded to Studio.

 

6 months of a shambles from them it was returned to Studio. I tried to make the offer to Studio but they said they cant deal with it till they allocate it to another debt company????.

 

Its now with Wescot. I offered 50%, they said Studio will not accept less than 80% and tried to get me to agree to token £1 per month. I agreed and set up a standing order, first payment which is not due out till september.

 

Why will they take £1 per month but not £166 lump to close the matter?

 

There is a default on my CR too for this.

[cerberusalert]

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

[carlbcfc]

This letter to wescot? Im sure I send one to iqor and they replied they didnt have to provide one.

[carlbcfc]

...im also sure I CCA'd studio and just got the terms and conditions..no signature, they said I had it????

[cerberusalert]

It's worth sending it to Westcots again.

 

If they haven't provided you with one in the past when you have asked it's 110% certain the don't have one, in which case the debt is unenforceable & you don't have to pay anything.

 

See what comes back this time, because with that evidence it will put you in a strong bargaining position to both offer a reduced payment and get that default removed.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[cerberusalert]

Do not sign the CCA request, include a £1 postal order and send it recorded delivery to Westcot.

[carlbcfc]

Ok ill do that tommorow. Ive also go Lowell chasing me for a 5 year old o2 debt asking me to "bid for my account". I told them to prove im liable for this debt. They said it will take 6-8 weeks? If i CCA them too will this speed it up?

 

This o2 debt is NOT on my CR...does that say something?

 

Thank you for your help, it is appreciated.

[cerberusalert]

A CCA request is not any use for a mobile, you need just a basic prove it letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

If 02 had placed a default on your file it would have dropped off after six years in England/Wales or five years in Scotland. But saying that, not all CRAs carry the same information so it may appear on another CRA.

[carlbcfc]

Sorry if this is in the wrong place, and can a mod move it if it is please.

 

 

My gf had a Studio account for a few years, but the payments never seem to end with all the charges and crap they take off. They seemed to be taking around 40% of any fee paid to them.

 

 

Just looking at July statement. It has Default sum £20, and Service charge £13.66. What are these?

[dx100uk]

dunno but all unlawful 'fees' and charges can be reclaimed with interest.

 

 

dx

[carlbcfc]

How?

[dx100uk]

see the homepage or type in reaclaim my charges

in our search of the blue bar

 

the more you read the stronger we become

 

dx