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wescot .please help


maggie
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HIya Maggie

Studio are registered with the ICO as a data controller.......BUT that still doesnt mean they can pass on your info.....if they havent got your consent in writing they have breached the Act,

 

sparkie

 

 

Registration Number: Z664408X

Date Registered: 24 April 2002 Registration Expires: 23 April 2008

 

Data Controller: STUDIO CARDS LIMITED

 

Address:

BURLEY HOUSE

BRADFORD ROAD

BURLEY IN WHARFEDALE

ILKLEY

WEST YORKSHIRE

LS29 7DZ

Other Names:

STUDIO

SUMMER LIVING

AUTUMN LIVING

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Hi guys,

 

I have read this post with great interest - to give you alittle bit of my background - i recieved a letter from wescot saying that i owed them £569 - I am 28 now and try not to get in to debt however when i was younger i did take out loans, credit cards store cards etc and got into quite a bi of debt, when letters from dept collecters came in i bgan to make payment arrangments and thought by 4 years ago i had paid everything off. Then aa few months ago i recieved the letter from wescot saying that i owed them the above debt. Like an idiot i called them staight away and promptly started paying them £25 per month without even querying the debt as i thought something from my younger days must have came back and bit me yet again. However i then recieved another letter from another company stating that i owed them over £1000 and then another letter from another company stating that i owed the £276. By now i was geting concerened - I wrote to the company that reckoned i owed them over 1000 (this company and default was showing in my experian credit file) and they have wiped the debt - i did not recieve a letter confirming this but it was removed from my credit file alltogether. I have also wrote to a company called Robinson Way & co asking for a signed copy of my agreement- they believe i owe them £276 - they sent me a letter saying that i have already recieved all relevent information from thei client and that the debt stated is correct. After reading this thread i have now sent another letter again stating that i require a copy of the agreement and that i know they have 12 days then they have to respond with what i am asking so hopefully fingers crossed something will come back from them. Now back to Wescot - as you now know i have been paying this company my debt was £569, and i now have a balance of £179, however i want to query this debt and ask them for a copy of the signed agreement. My query is, if i have alreday paid them each month for a while, have i not technically taken responsibility for the debt? If i ask them for the agreement and they cant give me it, can i reclaim the money i have already paid? Im not sure what the debt is even for so if they can give me this info and i know that it is my debt i will happily carry on paying it. Do any of youhave an emai adress to contact wescot?

 

Many thanks

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Hi JJ,

 

You need to start your own thread on this and post the link here, as this thread may get a bit busy shortly, which might confuse both cases.

 

You need to telephone or write to Wescot and find out who instructed them. Then telephone or write to those who instructed and ask what the debt is for.

 

If you have no joy with Wescot, write to Trading Standards and explain your position.

 

If you have no joy with those who instructed Wescot, send an SAR to all parties excluding the firm of Solicitors. You may telephone or write to the Solicitors and ask for details of the debt.

 

All debts must be justified and proven, and in you case may be time barred.

 

As you have only just discovered that you may not be liable for these claims and you have extended a certain amount of trust in these organisations by taking them on their word, you should stop all payments and tell them the debts are wholly in dispute until they provide evidence that you are liable for them.

 

Tide

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Brilliant letter Tide,as usual.

Sorry ,but I was unable to respond yesterday,as I was in great pain with my side and stomach and spent nearly all day in bed with loads of tears.Thank God ,my two sons were here as I was really ill,I wish that urology app. would hurry up.

Anyway,I was woken up this morning at 08.13 a.m. by the phone,I could not get down the stairs quickly enough to answer it.I dialled 1471,and guess who,s number came up.

You guessed it ,Interim justicia.I have just sent an e-mail to my friend at Trading Standards informing him of this.

I will post his reply ,when I receive it .

Tide,I will write your letter and post it today.

Maggie

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Hi i am dealing with wescot regarding T Mobile and united utilities they are my partners debts, he never had a phone from T Mobile and moved out of his propery 3 years ago, we have requested cca from them and got this letter back

 

We can confirm under the terms of consumer credt act(exempt agreements) order 1989 article 3(1) (a) this account is not regulated by the consumer credit act and is enforcable.

 

What does this mean?

 

Thanx lorraine

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Hi i am dealing with wescot regarding T Mobile and united utilities they are my partners debts, he never had a phone from T Mobile and moved out of his propery 3 years ago, we have requested cca from them and got this letter back

 

We can confirm under the terms of consumer credt act(exempt agreements) order 1989 article 3(1) (a) this account is not regulated by the consumer credit act and is enforcable.

 

What does this mean?

 

Thanx lorraine

 

Hi Dophine:)

 

It may be better if you started a new thread regarding your fight with Wescott, as this post will probably get lost in this thread.

 

Quickly though, I would write back to Wescott denying any knowledge of this debt.

Tip us a wink on my scales if you think I may have helped at all;)

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Dolphin,

 

Write to Wescot and tell them the debt is wholly in dispute and that you have written to their instructing clients directly.

 

Then write to T-Mobile (or ring them) and request the date of the agreement, details of the signature etc., and tell them if they don't provide these you will make an SAR. You can claim the costs for this afterwards.

 

Do the same with the utility board. Did your partner inform them when he was leaving the house and give them a reading? Does he know who moved in afterwards?

 

You should start your own thread if you get no sense out of them.

 

Tide

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Hi

 

Thanx for the advice, i have requested SAR both with t mobile and united utilities and got a letter back with a blank copy of credit agreement. He informed united utilities when he moved out, a builder bought his house and rented it out.

x

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Maggie

Welsh Hills

LL1 1LL

 

 

Investigations Department

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

cc. TS via email

 

28th June 2007

 

 

 

Dear Sir / Madam,

 

Re: Studio Cards, Wescot, Interim Justicia - Unlawful Provision of Personal and Financial Information.

 

Please find attached a copy of an email I have received from Trading Standards on the 25th June 2007.

 

I first contacted Studio Cards in June 2002 after responding to an advertisement they placed in Such and Such magazine. I originally responded to the advert as I was interested in producing my own cards for friends and family. At all times, I believed I was applying for a simple service, and at no point did I realise I was entering into any agreement which could fluctuate and incur additional costs which would result in the involvement of Debt Collectors, Court Proceedings, damage to my ability to obtain credit or any defamation of character to myself.

 

Studio Cards appointed a firm of Debt Collectors, who vigorously set about an action to recover money from me that I do not believe I owe.

 

I recently made a number of requests to Studio Cards and Wescot for details of their claims, together with a copy of the original Consumer Credit Agreement, which they have been unable / reluctant to provide.

 

My requests also included details of their Consumer Credit License and their registration number with the Information Commissioners Office, however, these details have not been provided.

 

Trading Standards recently wrote to Wescot Debt Collectors, and Wescot eventually returned their file to Studio.

 

Studio immediately appointed another firm of Debt Collectors who have been telephoning me as soon as I arrived home after hospital treatment, on a Sunday and at approximately 8am in the morning.

 

Trading Standards have contacted Wescot, who responded as stated in the attached email to Trading Standards.

 

Trading Standards have requested that Studio do not instruct any third parties as the debt is in dispute, and Studio have as yet failed to provide any form of statement or proof that any debt exists. This request has been ignored by Studio who have instructed another firm of Debt Collectors called Interim Justicia.

 

Neither Wescot, Studio Cards or Interim Justicia have provided details of their Consumer Credit License and are not listed on the Firm Check Service provided by the Financial Services Authority.

 

I do not believe I owe any of these organisations any money, and would be grateful if you would contact Studio Cards Ltd. and request details of their claim, as any requests made by me have simply been met with further threats and intimidation.

 

Please accept this letter as a formal complaint against each of the organisations detailed above.

 

Please note, the address for Studio Cards is as follows: -

 

STUDIO CARDS LIMITED

BURLEY HOUSE

BRADFORD ROAD

BURLEY IN WHARFEDALE

ILKLEY

WEST YORKSHIRE LS29 7DZ

Company No. 00672275

 

This matter has caused extreme detriment to my health and I am now receiving constant hospital treatment for a number of health problems.

 

I thank you for your assistance in advance and look forward to hearing from you.

 

Yours sincerely,

 

Maggie

 

Maggie, also note the FOS complaints website: -

 

FAQs - complaints we cover

 

Tide

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Hi

 

Thanx for the advice, i have requested S.A.R - (Subject Access Request) both with t mobile and united utilities and got a letter back with a blank copy of credit agreement. He informed united utilities when he moved out, a builder bought his house and rented it out.

x

 

Dolphin,

 

You should provide the utilities company with the date of sale and date of notification. You can get the name of the Builder or purchaser from the Land Registry website for about £3.50.

 

Did T-Mobile cash your cheque for your SAR? Did you make it more than 40 days ago? If so you should send them a non-compliance letter (in Library) and tell them the debt is wholly in dispute until they provide any evidence of the existence of any contract.

 

Tide

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Hey never thought of that wescot said its up to t mobile to refund the 280.00 and low and behold tmobile say its up to wescot to refund it, ooooooooh bloody lovely might end up with 2 refunds here lol, still on fone to t mobile x

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DO NOT go for two refunds. This would be theft. Pick the one you paid the money to, that is who should refund you. If they have paid the money on, then they should recover that from t-mobile - that is not your affair. Your letter should state:

 

I require you to refund this money within the next 14 days. If you fail to do so I will raise an action in the County Courts against you. You should note that I paid this money to you and that I am not aware of the involvement of any third party in that arrangement - it is therefore your responsibility to deal with any third party you say may be involved.

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Sorry I haven,t been able to update sooner,I have been in hospital for 2 days having tests.,and came home yesterday afternoon.

 

Ok,received e-mail from Trading Standards in response to informing him of the phone calls made above by I.J on Sunday,and very early Wed. morning.

This is their (T.S)response..........

I wrote to Studio categorically for them to stop I.J telephoning you Immediately!!!!!!!!!!I have tried to contact I.J by telephone myself,but they do not receive incoming calls,and I could not speak to anyone.

I have rung and spoken to Studio today,and told them to stop these calls IMMEDIATELY,and have asked them to phone me back ,when my request has been carried out.

May I advise you to log all telephone calls ,date ,time etc;Once Studio have contacted me,I,ll let you know.

Trading Standards

 

 

Then I received this second e-mail a short time later from T/S........

 

I have received a call from Studio just now.They have e-mailed Interim Justicia ,to tell them to stop contacting you.I have also informed Studio,that I have sent them a letter,which should Hit their desk tomorrow.They have stated that they will respond to my letter as soon as they receive it.If you do receive any further contact from Interim Justicia,as I have said log all ,and do NOT let them intimidate you.

The Gentleman from Trading Standards.

 

 

So now it is a waiting game.

Maggie

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Hi everyone,

I need your help.If anyone has been refunded their charges from Studio cards,please send me a message,and I will get back to you.

This may help me with Trading Standards ,and if I have to go to court.

 

Many thanks Maggie

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Received the following letter this morning by post dated 22/06/07 from Intrum Justitia(seems I have been spelling their name wrong .this is the heading name on their letter)

 

We have commenced formal debt recovery action against you to recover the outstanding amount on the above account on behalf of Studio cards.

 

Unless you telephone us to agree a payment plan within 48 hrs of receipt of this letter,we may either-

 

1. Instruct solicitors to take legal action against you.

 

2. instruct our local collection agent to make a personal visit to your home address to collect the outstanding balance.

 

Yours sincerely,

 

Intrum Justitia Ltd.

 

 

Checked my e-mail just over half hr ago to find the gentleman from T/s sent me the following today.

 

 

I have received a letter from Studio cards today.

In the letter they have enclosed a full statement of your account,which I have sent you a copy in the post.

 

In the letter it states that a large amount of the £557.72 balance that Studio claim is owed is made up of administration charges.Studio state that the admin charges are charged whenever a payment reaches them after the due date or when the account has fallen into arrears.Studio have stated in their letter that as this account has been in dispute they would be willing to remove the admin charges of £130.75 from the £557.72

 

They also explain the service charges that appear on the statement.They state that the service charges are basically the interest rate that is charged as your payments were paid in instalments rather than paying off the account in one lump sum.Studio state that these service charges are explained in the informattion pages of their catalogue.

 

I also notice that your statement includes charges for payment protection.From your earlier e-mails you state that you were unhappy with the way the PPI was sold.Did your complaint first originate from PPI appearing on your bill.?

 

Studio have also aplogised in their letter for Intrum JUSTITIA CONTACTING YOU AND STATE THEY DID REQUEST they refrain from collecting the debt and have been in touch with Intrum Justitia again to stop any further phone calls.Studio have stated that they are holding this account for the next 28 days whilst a resolution is sought between both parties.

 

Finally Studio have confirmed in their letter that if a resolution cannot be reached then they would be happy for the matter to be referred to the Financial ombudsman Service.I have sent you a copy of the statement from Studio.Please look thru it and let me know your thoughts

 

yours sincerely,

 

Gentleman from Trading Standards.

 

Maggie

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