Studio Debt Passed To Debt Collector

[Drowning80s]

Hi all

 

I am new here so hope I am doing this correctly.

 

I have had a catalogue with Studio for many years now, always paid on time ( approx £220.00 ) every 28 days,

although from that amount I was actually only clearing just over £100.00 from the balance.

 

Late last year my husband was made redundant and has since found another job but significantly lower wage.

 

As soon as I knew I needed help with the Studio payments I contacted them and for several months now I am going round in circles.

 

They refused my offer of payment (£20.00) and refused to stop adding charges.

 

They say they can only accept repayments based on the balance outstanding ( £3700.00 ) this was around £3000 when I asked for help but as I say they are adding interest etc still.

 

I last emailed them to say I would not be carrying contact on with them as its getting me nowhere,

they wanted approx £150.00 every 28 days which I simply cannot afford, if I could I would happily pay it.

 

Now I have received a debt collection letter saying they want the full amount, it also says I can apply to the court for more time .

. can I do this?

 

Also,

can debt collectors call at my home / collect goods to clear the debt?

 

Sorry for the long story but I am at a loss as to what to do

 

Thank you

[Bazooka Boo]

OK, welcome to CAG...

 

Lets try and break this down into easy chunks.

 

Have you checked your credit file to see what is on their?

 

Who is this debt collector? (DCA) And what exactly does their letter say?

Has this been to court already?

 

Keep EVERYTHING in writing, DO NOT speak to anyone about this over the phone.

 

Have you written to them informing them of your circumstances and asking for them to stop the interest and charges?

If not do so, and keep a copy of your letter and obtain "Proof of posting" from the PO counter which is fre.

 

Debt collectors (DCA's) have NO legal powers to do anything, they CANNOT call at your home unless you make an appointment with them, which I doubt you are willing to do.

They are NOT bailiffs, they CANNOT take ANYTHING off you, they cannot take your money or take any of your property to clear this debt, ONLY a court certified bailiff can do this, which DCA's will never ever be.

 

Keep a diary of events, do not talk to anyone over the phone regarding this, check your credit files.

Send a letter asking that they freeze interest and stop all charges, if they don't then you should only pay £1 a month via standing order, so if you have a direct debit set up, cancel it, and if they have your card details get the bank to issue you with a new one.

[Drowning80s]

Hi! Thank you for the reply :0)

Ok, the letter is from debt collection and security,

I think this is still part of the Studio catalogue.

 

It is a default notice and says I must pay by the 28th July ( does not state an amount ) if I do not pay they will issue further action

which will be a demand for full payment of balance owed.

It also says I can apply to the court which may make an order allowing me or my surety more time ( no idea what that means )

 

It has not gone to court,

the last email from them said they would pass the debt onto a debt collector

so I told them to do so as they would only get the same offer of repayment,

I was perhaps a bit rude in my reply saying that in hindsight.

 

I have not spoken to anyone on the phone and I have not wrote any letters,

I have however sent several and received several email communications which are all saved

but to be honest they just keep stating my offer is no good and they will not stop interest and other charges.

 

I am literally going round in circles with them,

they have not as yet given the debt to another collector or taken me to court.

Thank you

[Bazooka Boo]

Well you have evidence that they are acting unfairly, they cannot refuse your offers of payment, they have shot themselves in the foot with that.

 

Let them continue adding their fees and charges, but keep a diary of the amounts they have added.

 

You could send them this, in writing preferably recorded delivery, but if you can't afford it Proof of Posting will be OK.

http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

Edit to suit.

 

Don't be at all concerned about being rude to them, this is how they treat people so giving them some of their own medicine is perfectly fine.

 

If they will not stop interest and adding charges then their is absolutely NO POINT in paying anything more than £1 a month, this is the legal token minimum a Judge would order you to pay anyway, your reason for doing so is purely because of their greed and you cannot afford to pay and cover their charges therefore you have decided to pay £1 a month, they do not have to accept this, this is all you will pay, this should keep it out of the courts, if they were ever so audacious as to try it on, the DJ would be rolling in the aisles.

[Drowning80s]

Thank you so much for the help,

 

I was thinking that really if they would not accept my offer then it does not look good for them.

 

I actually said that with the charges they are adding its pointless me paying so its nice to know where I stand.

 

I will set up the SO for the pound payment as you advise.

 

Can I just ask, if it is transferred to a debt collection do I up my offer to them?

 

Thank you again, you have made me a little more confident in tackling this, its been very frustrating.

[lookinforinfo]

I understand you could have taken out insurance against this debt. Did you?

 

I ask because you either may have had a claim when your Husband was made redundant or

you can reclaim those payments made to the Insurance to reduce the debt.

 

I note that they charge £20 per time that you default and I guess they will now be charging 44% interest per year

now £20 is way over the top to write a letter so that would not stand up in Court.

[lookinforinfo]

Thank you so much for the help, I was thinking that really if they would not accept my offer then it does not look good for them. I actually said that with the charges they are adding its pointless me paying so its nice to know where I stand. I will set up the SO for the pound payment as you advise. Can I just ask, if it is transferred to a debt collection do I up my offer to them?

.

No do not increase your offer and if they want to send one of their doorstep collectors round to see you, write back and tell them you do not want anybody to call and if someone does call, you will phone for the Police to have them removed.

[Drowning80s]

No I have not taken insurance out as it was my husband who works / still the provider so as the account is in my name and as I do not work ( I am a stay at home mum ) I figured paying protection was pointless. They are charging over £100 in interest every 28 days, and I think the default sums are £20.00 I will have to check the statements to be sure

[Drowning80s]

OK, thank you :0) your help is much appreciated :0)

[dx100uk]

god what muppets

 

as BB says £1PCM tell them and do it by your internet banking site.

 

it's a cat debt VERY low priority!!

 

 

get reclaiming too!!

 

all those PENALTY fees are unlawful.

 

got al the statements?

 

dx

[Drowning80s]

Hi!

Yes I have just checked my statements and I have three charges for £20.00 ( default ) and the interest varies up from £98.00 this is going higher due to the balance going higher. This is what annoys me the most as if they would just stop the interest it would help me, not much granted but at least what I pay would come of the amount I owe.

[Bazooka Boo]

Exactly the reason why you pay them no more than £1 a month, set it up and forget about it.

There is very little they can do, less for spitting their dummy out.

[Drowning80s]

UPDATE / HELP IF POSSIBLE PLEASE

 

I have now received another letter and another statement.

 

The statement shows amount owed but this time no charges.

The letter is rather intimidating though.

 

It says its a legal requirement of intended litigation before legal procedings in the county court.

I must settle the debt immediately within 7 days.

 

if judgement and an order for the repayment in full is obtained and remains under enforcement the debt may be sought by one or more of the following procedures..

 

1. Attachment of earnings

2. Charging order on any property I own / morgage

3. Application for me to attend court for questioning

4. Warrant of execution by bailiffs

 

The first two does not really concern me at all but I am rather worried about 3 and 4 .

 

. Any advice again would be appreciated :0)

Thank you

[dx100uk]

if. may might..

 

can you scan up the letter please.

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[Drowning80s]

Think I have done it right now :0)

studio.pdf

[dx100uk]

threat o gram!!

 

'even if not read by you'

 

what utter CRAP.

 

BTW fees of £20?

you sure, they are normally £12?

 

dx

 

 

dx

[Drowning80s]

Yes, they are adding 20.00 charges, the other amount is interest added. The latest statement has no charges added.

Should I just ignore the letter they sent, it is very threatening :0/

photo (1).pdf

[Bazooka Boo]

Yes ignore their childish letter, they are merely willy waving, they will go nowhere near a court.

 

Nothing but immature foolish comments spat out by their 'speak & spell'.

[lookinforinfo]

Just to set your mind at rest-as they are charging £20 penalties, they would know that those charges would not stand up in Court. The Judge could even

quash the whole debt so it would be very unlikely that they would take you to Court.

 

Even if they did, it would be just as unlikely that a Charging Order would be put in place. Also the court would take into account your income and expenditure

and may well decide that £1 per month was all you could manage. Another reason why they won't take you to Court. And the Judge would take a very dim view

of them refusing to accept your payments by standing order then having the cheek to take you to Court.

 

And do not worry about bailiffs as hell will have frozen over before the Court would allow them. They are used as a last resort when the person has the ability to pay, but does not pay.

[Drowning80s]

UPDATE, ANOTHER LETTER RECEIVED

 

Hi all

Today I have received another letter from debt collection & security.

 

It says as I have not made adequate payment they now need to decide what further action to take to recover the balance.

 

I have made no payments as they do not accept standing orders, only card / bank or cheque etc.

 

It says they will call in the next few days so they can reach a realistic agreement

... I am not sure if that means telephone call or call to the house?

 

Any advice on this please?

Thank you

[dx100uk]

ignore

 

dx

[Bazooka Boo]

Let them, if they are foolish enough to ring you then laugh and hang up.

 

If they are even more foolish and send a trespasser to your address, then using whatever language you feel is necessary, tell them to get off your property before you call the police and have them removed.

 

This is their own in house clowns.

[Drowning80s]

Another update.

 

Studio have written to me again to say they will not be writing again,

and that they are passing the debt onto Moorcroft Debt Recovery who will call at my home to collect the debt.

 

Only immediate realistic payment offer can stop this ..

 

Its a catalogue debt,

surely they cannot come to my home to 'collect'?

 

Do they mean collect goods / cash .. do I reply?

 

Confused.com

[dx100uk]

moorcrap or ANY DCA/DOORSTEPPER HAVE NO LEGAL POWERS

 

your cat has more rights

 

you could send the no doorstepper letter

 

but IMHO i would ignore them.

 

if anyone does turn up

 

tell them to leave your property now

 

call the police

 

dx

[Drowning80s]

moorcrap or ANY DCA/DOORSTEPPER HAVE NO LEGAL POWERS

 

your cat has more rights

 

you could send the no doorstepper letter

 

but IMHO i would ignore them.

 

if anyone does turn up

 

tell them to leave your property now

 

call the police

 

dx

 

Thank you so much, I really appreciate your advice. At the moment I'm ignoring all letters as when I do reply it has made no difference