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Hi, first i know how this will sound.

I wanted to help teach my wife a little about money management as i have always paid the bills and debts etc, and before me her mum used to do it.

So i let her TAKE CARE of a debt she had with studio, now back in 2004 she brought £150's worth of clothes from then and has had nothing since,

Now 6 years on she is still getting letters from them and as far as i can see she is paying them money, So i contacted Studio and asked them for a full breakdown of all charges, payments and purchases.

What i got back was actually really scary, she has now paid back to studio more than £250 and still owes £457. Looking at the statments, what she has done is one month she has paid £40 (minimum payment due of £20) and then next month she pays nothing. So basically she has been paying double some months and nothing on other months. the trouble is everytime she pays nothing they have been hitting her with two £12 charges for none payment and a third charge of £12 for late payment on the months when she does pay. I gave them a call and they said i could set up a direct debit arrangement from my account if i pay £30 admin fee,

Now because of the fact that she had slowly been building up charges, it means when ever she paid £40, it went stright against the charges and not the outstanding balance.

I have had this direct debit running from my account for 2 months now for the agreed amoutn of £20, and they are still hitting me with £12 admin fee's because i refuse to pay £234 to clear the minimum payment.

 

Any help!!

Ideally i would like them to say, you know what fair enough you have paid the full balance and them some so we will wipe out the remaining admin fees.

 

Failing that i would like them to say lets start back from scratch and call it £150 the price of the goods ordered.

 

and failing that, i would like them to say, ok from now on the account is on hold we wont charge you any more charges whilst you pay it back.

 

 

cheers rob

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This is outrageous and shows what happens when people play ball with these companies.

 

Your wife and you have paid for the goods plus a hefty amount of interest over the years. These admin charges represent a significant multiple of the actual costs incurred.

 

I think you have a couple of options:

 

1) Stop paying and try to claim back the admin charges in the same way as others have recovered bank charges. The company won't make this easy and you face a litigation risk in doing this.

 

2) Use the Consumer Credit Act to request a copy of the regulated agreement. Chances are they won't have a compliant version or indeed any agreement at all. If they can't produce one you can legitimately stop making payments. You run the risk of them attempting to default the account.

 

Personally I'd make them a full and final offer of the amounts already paid if they will close the account. If the refuse I'd go for option 2 above and, failing that option 1.

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Thanks for the reply seminole, i have already asked them if they are willing to accept a lower sum to close the account "TODAY" and the reponse i got was, well if your wife had paid the minimum payments on there due dates you wouldnt have these charges, so NO

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Guest Cartaphilus
Thanks for the reply seminole, i have already asked them if they are willing to accept a lower sum to close the account "TODAY" and the reponse i got was, well if your wife had paid the minimum payments on there due dates you wouldnt have these charges, so NO
Follow the advice already given by Seminole. Edited by Cartaphilus

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Studio are one of the more 'ignorant and bolshy' ones and will not give an inch - even tried to issue a Summons against my daughter many years; ago. My daughter had died and they were informed didn't even believe a copy of the Death Certificate and issued an LBA in the end I had to get my Probate Solicitor to send them a warning. They then came after me as executor and have defaulted me because I refuse to pay and it still shows on my CRA to this date!! The amount £400!!!.

 

I would follow the CCA route myself, wish I had known about it then!


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I have just emailed them, asking for a copy of the regulated agreement, i have also in the same email offered them a final payment of £150 to close the account. If they accept it, it gets rid of them once and for all without any fuss. I am not 100% sure what the regulated agreement it but i am presuming it is a credit agreement which my wife should have signed when opening the account, to which she says she has neevr signed one. i am hoping that they cannot produce one and just accept the £150.

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Guest Cartaphilus

If you are requesting a copy of a credit agreement then you need to send this letter by recorded delivery, enclosing a £1 postal order, don't sign it, print name.

 

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).

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

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.

 

I look forward to hearing from you.

 

Yours faithfully

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Thank you very much for that cartaphilus, i will certainly get onto that tomorrow morning.

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If the account date backs that far, Stupido cards will have no signed agreement, they never do. Just wait the statutory 12+2 working days after sending the CCA requeat, then dispute the account and pay them nothing.

 

However, if claiming the penalty charges back will clear the balance, then proceed with the claim, if the charges do not cover the balance outstanding, then dispute the account when they fail to compmply with the CCA request.

 

Once you have done this, you can if you wish offer them a full and final settlement of around 10% of the balance on the condition they do not enter any adverse data on your credit file and do not pursue or sell on the remaining balance at a later date.

 

If they have no signed agreement they can not enforce the debt in the courts. So do sometimes settle at a discount.

 

But Stupido cards are not the easiest creditors to deal with, they are stubon and down right abusive on the phone. But take there threats with a pinch of salt, they talk utter crap about what they can and will do.

 

I have delt with them and won.

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Seconded Alfs comments.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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just a little update, its been 10 days since i sent the letter and for the past 5 days i have recieved 3 (yes three) letters a day, all with different word usage, threatening court action, baliffs, doorstep collectors, bad marks against her credit rating etc etc. even had one yesturday that said "despite all attempts to contact you", so i rang them about that one and basically said what the hell i have been in constant contact with you for the past 4 months, sent countless emails and countless letters... this people are crazy and i hope its a sign of them getting desperate.. anyway almost upto 14 days..so i will update again soon

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That's bordering on harassment. Keep all the letters and, after you've placed the account in dispute, complain to Trading Standards (via Consumer Direct) and also to the OFT.

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just a little update, its been 10 days since i sent the letter and for the past 5 days i have recieved 3 (yes three) letters a day, all with different word usage, threatening court action, baliffs, doorstep collectors, bad marks against her credit rating etc etc. even had one yesturday that said "despite all attempts to contact you", so i rang them about that one and basically said what the hell i have been in constant contact with you for the past 4 months, sent countless emails and countless letters... this people are crazy and i hope its a sign of them getting desperate.. anyway almost upto 14 days..so i will update again soon

 

Thats is harrassement. I would report them to the relivant authorities also make a call to your police and say they are trying to breech the peace and as result would it be possible they could ask the company to not come round and to stop sending you 3 letters a day.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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You can complain online at: Consumer Direct

 

Section 40 of the Administration of Justice Act

 

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-

harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

__________________


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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You dont need to just complain u can sue as i did cap 1 under the exact act.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi all, just another update. Posted the letter on the 11th july. still no reply at all, in fact they are still sending letters saying i have not been in contact with them at all.

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Did you send the letters by recorded delivery ?

Have you contacted Consumer direct ?

Your local Trading Standards is also a good idea-they will take copies of your original letters etc.

I would send a further one asking for a copy of their complaints procedure.

In the meantime,maybe a good idea to begin doing a schedule showing the exact amount of charges-we have had good results from those claiming in the past.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hello again people. i dont know if anyont is interested but ill post an update. posting updates help me keep track of where i am with this thing as well.. lol

Ok the phone calls moved up to 6 a day the beginging of last week, so on thursday i sent a cease and desit letter to them.. and o my it actually worked. not had another phonecall since.

And this morning i finally received a copy of the agreement. unsigned!!! the cover letter said "IN RELATION TO YOUR REQUEST FOR A SIGNED COPY OF YOUR CREDIT AGREEMENT PLEASE BE ADVISED THAT WE ARE UNDER NO LEGAL OBLIGATION TO SUPPLY YOU WITH A SIGNED COPY OF YOUR CREDIT AGREEMENT AT THIS TIME. HOWEVER, PLEASED FIND ENCLOSED A RECONSTITUTED "TRUE COPY" OF YOUR AGREEMENT SETTING OUT THE TERMS AND CONDITIONSTO WHICH UOU AGREED WHEN OPENING THE ACCOUNT, ALONG WITH THE CURRENT TERMS AND CONDITIONS".

 

and then on page 2, it says "Following your request to make £100 payment as full and final settlement we must first ask you to sign the copy of the credit agreement and send it back to us before we consider this request".

 

and yes they have sent an unsigned copy of the agreement.. and the cheeky SOBs have actually asked me to sign it and send it back...

 

Whats everyone thoughts on this.. (and theres no way my wife is gonna sign this.)

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Ha ha did they really think you would be daft to sign an reconstituted agreement for something she has already had and paid twice for??????


Advice given is my opinion only, I am not a legal or financial expert (far from it).

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don't you just love em narrrrr pity them more like


PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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I can't believe I have just read that!

 

Sign this and we will consider. Of course you will sign and then they will say we have considered and we have decided to refuse your kind offer now pay up as we have a signed credit agreement.:rolleyes:

 

Muppets.

 

Report them to Trading Standards for trying to get you to sign an official document under false pretences


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hello again people. i dont know if anyont is interested but ill post an update. posting updates help me keep track of where i am with this thing as well.. lol

Ok the phone calls moved up to 6 a day the beginging of last week, so on thursday i sent a cease and desit letter to them.. and o my it actually worked. not had another phonecall since.

And this morning i finally received a copy of the agreement. unsigned!!! the cover letter said "IN RELATION TO YOUR REQUEST FOR A SIGNED COPY OF YOUR CREDIT AGREEMENT PLEASE BE ADVISED THAT WE ARE UNDER NO LEGAL OBLIGATION TO SUPPLY YOU WITH A SIGNED COPY OF YOUR CREDIT AGREEMENT AT THIS TIME. HOWEVER, PLEASED FIND ENCLOSED A RECONSTITUTED "TRUE COPY" OF YOUR AGREEMENT SETTING OUT THE TERMS AND CONDITIONSTO WHICH UOU AGREED WHEN OPENING THE ACCOUNT, ALONG WITH THE CURRENT TERMS AND CONDITIONS".

 

and then on page 2, it says "Following your request to make £100 payment as full and final settlement we must first ask you to sign the copy of the credit agreement and send it back to us before we consider this request".

 

and yes they have sent an unsigned copy of the agreement.. and the cheeky SOBs have actually asked me to sign it and send it back...

 

Whats everyone thoughts on this.. (and theres no way my wife is gonna sign this.)

 

DO NOT sign the agreement they have just admitted they have nothing. The current terms and conditions does not fulfil the request as you asked for the terms and conditions from when the account was opened. Then again you got more than l did as l know l never signed a cca and at the time any CCA l signed would not be MY signature, will not be saying why ATM as even studio or any of there collection agents dont know why either, and all l got was a piece of cardboard which could have been filled out at any time with a covering letter.

Write to them advising they have not fulfilled your request as CURRENT terms and conditions are not from when you opened the account.

 

Also just a thought but have you got every statement?


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I can't believe I have just read that!

 

Sign this and we will consider. Of course you will sign and then they will say we have considered and we have decided to refuse your kind offer now pay up as we have a signed credit agreement.:rolleyes:

 

Muppets.

 

Report them to Trading Standards for trying to get you to sign an official document under false pretences

 

 

Not just trading standards advise them IN WRITING that you are starting a file on them re there ability to hold a credit license and when this matter is sorted out then you will be forwarding a copy of the file to the Office of fair trading and advising them that you dont feel they are fit to hold a license as they are attempting to commit fraud.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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They did the same to me when I CCA'd them. I get about 1 threatogram a week (from Moorcroft at the moment) for £350. They have admitted to me that they have no signed agreement but wont go away. Just ignore them.


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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I have not had any problems for about a year with studio its been getting towards 3 years since last payment.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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