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    • Looks promising then.  Well done   Dx
    • So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • If you want to cause DCBL trouble, then complain to the SRA.  It would be even more fun if mystic_bertie would complain at the same time, to show the SRA there is a pattern.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cap1 & CCA return


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Got phone call today from a dca I think

Ring Ring

Hello

Is that Mr Bardsley

Speaking

Could I have your address and date of birth?

Who am I speaking to?

Michele

Hi Michele do I know you

No will you give me you r address and date of birth

Why would I give you that information?

So that we can identify you

So who are you?

I can’t tell you it’s the law.

I can’t tell you my mother always told me not to talk to strangers.

Click

Strange beings these debt collectors

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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What tha fa??

 

What do you think goes through these people's heads?

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Guest The Terminator
What tha fa??

 

Waht do you think goes through these people's heads?

 

un1boy I don't know what goe's through their heads but I know what I'd like to put through their heads.:D

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Guest The Terminator
Got phone call today from a dca I think

 

So that we can identify you

So who are you?

I can’t tell you it’s the law.

I can’t tell you my mother always told me not to talk to strangers.

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Strange beings these debt collectors

 

Anyone got any idea what that law is.

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un1boy I don't know what goe's through their heads but I know what I'd like to put through their heads.:D

 

Haha

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Anyone got any idea what that law is.

 

Their law. Come on Terminator, you know as well as I do that these institutions are above the standard law of this country and can do what they want.

 

(Yeah, right!)

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Guest The Terminator
Their law. Come on Terminator, you know as well as I do that these institutions are above the standard law of this country and can do what they want.

 

(Yeah, right!)

 

I agree but how much longer are they going to have their own way?

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Can one of you venerable contributors have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/general/58125-cca-time-limit.html

 

I am not too sure about the advice being given. Is this right because to me it looks like this person has made a CCA request and the creditor or DCA has failed to supply a copy of the agreement.

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I agree but how much longer are they going to have their own way?

 

Not for much longer by the time you and Tamadus have finished, eh? ;)

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Can one of you venerable contributors have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/general/58125-cca-time-limit.html

 

I am not too sure about the advice being given. Is this right because to me it looks like this person has made a CCA request and the creditor or DCA has failed to supply a copy of the agreement.

 

Hi Jones,

 

If they can provide a copy of an agreement, but one that is unenforcable (ie has one signature, is not dated, does not have the T&C's with it) then the debt does legally remain and can be requested by the lender. You see it only means that they cannot legally enforce the current agreement or its T&C's.

 

However, they tend to refund the money etc because if we report them to Trading Standards hey will get fiend a hefty hefty amount, plus failure to comply with a CCA request is a criminal offence punishable by a fine of £2500 and/or a length of time in prison - it is mentioned on this thread I think.

 

If they don't have the agreement at all then it is my contention that the debt doesn't exist at all and therefore cannot be requested by the lender.

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Can one of you venerable contributors have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/general/58125-cca-time-limit.html

 

I am not too sure about the advice being given. Is this right because to me it looks like this person has made a CCA request and the creditor or DCA has failed to supply a copy of the agreement.

 

Thats exactly the way that I see it.

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I can see that too - what should we do?

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Guest The Terminator
I can see that too - what should we do?

 

And because they haven't supplied a copy of the agreement not only have they comitted a criminal offence but the debt is also unenforceable without them going to court then the judge is not going to be to happy if they then supply the agreement.Also there would be a breach of the DPA.I can see one big lump of poo hitting the fan here.

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I have posted another message for Bubbles. I am always anxious about disagreeing with others because I have only a limited knowledge of this sort of thing. I just hope for Bubbles sake I have read this right because then he/she will finally be able to get the DCA and the bank of their back.

 

Thanks for looking

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I can see one big lump of poo hitting the fan here.

 

I agree.

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Guest The Terminator
I have posted another message for Bubbles. I am always anxious about disagreeing with others because I have only a limited knowledge of this sort of thing. I just hope for Bubbles sake I have read this right because then he/she will finally be able to get the DCA and the bank of their back.

 

Thanks for looking

 

Hi Jones I've just read it and it is correct in what you say ;)

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I have posted another message for Bubbles. I am always anxious about disagreeing with others because I have only a limited knowledge of this sort of thing. I just hope for Bubbles sake I have read this right because then he/she will finally be able to get the DCA and the bank of their back.

 

Thanks for looking

 

It looks to me like you handled it pretty well Jones.

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Right guys I am going to have to call it a nite - I have been studying for my mortgage exams all evening and I am tired.

 

Good night to all, sleep well and I'll catch up with this thread and everyone else in the morning!! :D

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Phew!!! Well this stuff took some reading - but I got here in the end!! :D

 

One thing that does baffle me is - if many of the CCA's don't appear to be with the banks/credit card companies through various reasons like I am reading here (some banks destroy docs, some never execute proper agreements etc..) THEN how is it that the DCA's plan to get their money other than the usual scare tactics??

 

Surely if the CCA's exist then the Banks & CC Companies would be enforcing the debts themselves or forwarding the CCA's & account history along with the debts?

 

I am totally baffled as to how the DCA's are taking court action on debts where there are no proper CCA & SAR materials - how do the DCA's plan this will work?? BUT more to the point how do they expect the claims to go ahead without supplying the required data to support their claims??

 

In my own case I need to concentrate on slamming back a separate claim for their lack of compliance with the data requested?

 

How Would I fill out the particulars of claim?? it's not money being claimed - rather the lack of account information as requested.

 

I think I read enough to make my head spin on this thread tonite - so am going to have a think now as to the best way to do this stuff.

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Elizabeth, I think what happens is that when consumers get their court cummons, they rarely turn up so he Judge enters a Judgement and thats why he doesn't ask to see the docs.

 

If the consumer turns up, the lender/DCA rarely do and that's why you hear of people paying something back at £1 a week for the rest of their lives!!

 

That's my understanding, but I may be wrong!!

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Been reading the various threads and a little confused.

 

How does it stand if a credit card company cannot provide a copy of the original application form or a Consumer Credit Act Agreement. Is the balance outstanding stil enforceable.

 

Also, does a credit card agreement have to be signed. just applied for an MBNA card online and they sent the card without my signing any agreement. Would the debt stil be enforceable. The card has arrived and has been used.

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Been reading the various threads and a little confused.

 

How does it stand if a credit card company cannot provide a copy of the original application form or a Consumer Credit Act Agreement. Is the balance outstanding stil enforceable.

 

Also, does a credit card agreement have to be signed. just applied for an MBNA card online and they sent the card without my signing any agreement. Would the debt stil be enforceable. The card has arrived and has been used.

 

Put simply, if there is no agreement then there is no debt, it can't be enforced and doesn't exist. That's if there is no agreement.

 

As for signing, as far as I am aware yes, section 61 of the CCA sets out the format of an executed agreement:

 

61 Signing of agreement

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

However, as far as I understand it the new CCA regulations coming into force in Arpril allow for electronic signatures.

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Un1boy,

 

Yes I reckon you re right cause most people would usually adit a debt and fill in the income expendiutre form that comes with claim and then offer to pay xxx pounds a week etc.. so no questions are ever asked regarding the CCA's etc.. (Mmmm!! clever stuff??) so there is never a need for any person appear in court in respect of defendant cause they fully admitted the claimants claims in full and have offered to settle debt straight away!!

 

So the DCA's are basically "winging" it cause they've taken advantage of "joe public" not knowing their rights etc.. over the CCA stuff etc..

 

This is what I was thinking - just wanted to get it clear in my head cause it seems so "simple" I thought I'd missed the whole point. Thanks for your help - it's so simple it seems untrue? I had to triple check that cause I thought I'd mis understood something. I came to these thoughts last November and thought I'd been going MAD for the answer to be so simple - but this has confirmed everything I initially thought.

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Un1boy,

 

Yes I reckon you re right cause most people would usually adit a debt and fill in the income expendiutre form that comes with claim and then offer to pay xxx pounds a week etc.. so no questions are ever asked regarding the CCA's etc.. (Mmmm!! clever stuff??) so there is never a need for any person appear in court in respect of defendant cause they fully admitted the claimants claims in full and have offered to settle debt straight away!!

 

So the DCA's are basically "winging" it cause they've taken advantage of "joe public" not knowing their rights etc.. over the CCA stuff etc..

 

This is what I was thinking - just wanted to get it clear in my head cause it seems so "simple" I thought I'd missed the whole point. Thanks for your help - it's so simple it seems untrue? I had to triple check that cause I thought I'd mis understood something. I came to these thoughts last November and thought I'd been going MAD for the answer to be so simple - but this has confirmed everything I initially thought.

 

Yep, you see, I know people that have received a letter from a DCA saying "here is your court date" and they get scared, thinking "Im not going, they will win"

 

But bear in mind that the consumer most probably hasn't contacted the DCA or the DCA haven't contacted the consumer so the courts issue a date (just like if you dont enter your AQ or defence on time).

 

The date would not have been issued if the consumer would have entered a defence would it? Not at all......

 

My advise is to stand up to these people, issue the CCA/DPA request where relevant and if it goes to court, then at least defend the action.

 

At the end of the day, if I sent a summons to you for 12k and you didn't defend it, what are the courts going to think? "Oh, well elizabeth must owe him it, shes just hiding away from it".

 

So, they issue a court date and you don't turn up. The court think, right ok Elizabeth you'll have to do an attachment of earnings to pay un1boy back.

 

That is a VERY simplistic example - but remember to defend it and put your eveidence to the Judge, then there is no defence is there?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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