Harrythehawk v Studio Cards

[harrythehawk]

Got a copy of the PPI Policy, apparently nothing is signed, it just gets added when you place an order ? The rate for this is 1.95% of the balance. Just waiting for explanation of service charges and then I can trawl back, take out all the charges they have given back and what the PPI should have been, if indeed it was ever agreed to. Also, clock is still ticking on the CCA criminal offence which happens 2nd March, will see what they come back with, still not paying anything and the DCA's silence is deafening !!

[harrythehawk]

Still no response from Studio to various questions re PPI calculations, service charges and interest, SAR has expired now. The CCA clock is ticking and criminality will ensue shortly.

 

Got a letter from Legal & Trade today noting the payments made to them as per the SAR and noting the new "balance", still no CCA from them either so I am classing this admission they have collected money without a CCA and thus was illegal.

 

Not paying anything at all, will just sit back and wait for my response and time will be up before then me thinks.

[harrythehawk]

The saga continues and my position strengthens, Legal & Trde have complied with my SAR and blamed Studio for cashing my £10 & £1 fees on to the account, they haven't produced the CCA and have admitted they don't have it .....mmm .... and all those threatening letters from them and payments made to them ...... very naughty !! best bit was the data they hold for which I received printouts of their computer records with an explanation for each, got to go through exactly as I am sure I saw an Admin charge on there, however smile raised when I was described as an unknown third party, man was very rude ! Do I have a case for a slander claim here ... I wonder ? Anyway, still nothing from Studio themselves to explain anything, in the end we all know there is no CCA, will bide time until the "day of reckoning look this is how it is guys" letter and just keep them busy with queries until they actually answer them, money to more than the value of the goods has been paid over the years so conscience is clear !! ....... and of course ...... not a penny more will be paid !!

[chezt]

Any more updates?

[surprise]

Not hijacking your thread but I am dealing with Studio now so I would like to see how this thread goes. I actually sent them a CCA on 6th March and have heard nothing from them at all. Received a statement and they have applied by £1.00 to the account. I shall carry on watching with interest, good luck. With regard to the PPI, I know I didn't tick the box but they applied it anyhow. When I asked who gave them permission they went quiet and they said do you want it cancelled?

[harrythehawk]

Still not settled one way or the other, however Legal & Trade have now passed this back to Studio and are no longer going to be involved "promptly" and returned the £1 CCA request cheque !! (yay!) Studio themselves have written a token letter to say yep service charge equals interest and haven't provided a revised breakdown of the PPI calculation. Keeping my powder dry on the big go away letter as they still haven't come up with the fully executed CCA, nor have they asked me for any more payments, the withdrawal of Legal & Trade is a boost for me in this war, a battle won there and I can only think they have decided it is unwinnable and I am hopeful Studio will take the same view, still not paying anything, will wait to see what they come up with next then when I am ready and when I need to hit them where it hurts !!

[chezt]

Great news! Keep at 'em!

[dannygr27]

Hi Harry,

 

ive just sent off my first letter to studio after getting my statments, was wondering if you had any luck with the ppi section of your claim?

 

Sam

[harrythehawk]

2 more months have passed without a sausage from Studio, have gone in with the "debt write off no CCA" letter yesterday so will sit back and see what happens, I am hopeful this will end soon as they appear to have already given up.

 

Will post next chapter when it happens ..... could be another 2 months who knows !!

[surprise]

Just to let you know what has happened with me. They couldn't provide a signed agreement and as the account was made up of charges I too told them I wasn't paying any more. They don't give up though. keep telling me that the admin fee is fair and OFT have told them they don't have to provide an exact copy of the agreement. I've also told them that they should not be processing data to the CRA's, but they don't seem to understand.

 

I'm sure this company is not on the same planet.

 

good luck with your write off, don't hold your breath though.

[harrythehawk]

Well I certainly won't, they don't have a leg to stand on, still not paying them anything though !!

[cjt]

Might be worth checking your online account with them, I hadnt heard anything, so decided to register and they had credited my account, all i did then was ring em up and ask for a cheque, and it arrived in no time!! keep at em !!!!!!!!!!!!!!!!!!

[chezt]

Well I certainly won't, they don't have a leg to stand on, still not paying them anything though !!

 

Just wanted to post my support again .. I'm still watching

[surprise]

Well, I've not paid them anything for about 4 months but I keep getting a monthly statements with £20 admin charge each month. I can't believe these people. The whole of my account is made up of PPI which I didn't ask for, admin charges and service charges. I wrote to them weeks ago and heard nothing. I've quoted OFT's guidelines to them and still they don't get the message. I'm just not going to do anything else about it, they'll get fed up before I do.

[harrythehawk]

Thanks Chezt, haven't heard anything yet but will post as and when it happens !! I did a similar letter to La Redoute and they threatened court action to which I sent a "welcome" letter, please do give me the opportunity to let the judge know about several offences they have comitted, having said that the solictors letter was from an almost identical post code and had a payment slip attached to the bottom so i didn't take it very seriously

[chezt]

Thanks Chezt, haven't heard anything yet but will post as and when it happens !! I did a similar letter to La Redoute and they threatened court action to which I sent a "welcome" letter, please do give me the opportunity to let the judge know about several offences they have comitted, having said that the solictors letter was from an almost identical post code and had a payment slip attached to the bottom so i didn't take it very seriously

Mmmmm

[harrythehawk]

Well, Studio have come back, the response is a little desperate I think but basically reads that they won't enforce in court where the CCA non-compliance is a defence (good), they don't write off and consider the debt still payable and will continue to pursue it (so how will you do this then without a CCA or taking me to court ?). They will issue a default against my credit file and how terrible this will be for me. (not exactly a priority for me as it is shot to pieces anyway). Will take my time composing letters re Data Processing etc in due course and getting this removed, have more pressing things to clear up before then, however I think I can cross them off the list now and claim a battle victory in this particular war, a surrender has now been put forward and a peace still needs to be negotiated and final victory is to be claimed !!

[surprise]

Harry - I had the same sort of response. However, I have now complained to the ICO and CRA's. I also noticed a quote from a Laiste on another thread which I thought was useful. So bit the bullet and sent a Letter Before Action, quoting the following, but adapting it to my needs. I have paid hundreds over the years plus Service Charge, plus PPI and Admin charges. I am now awaiting their response with interest.

 

"QUOTE"

Catalogue debts are legally unenforcable. Your friend could do the S.A.R - (Subject Access Request) to see what charges have been levied, this could also be used to establish how much has been paid into the a/c over the lifetime of it and if your friend is so minded she could claim the entire amount paid plus the charges and compensation. Where credit is provided there must be a credit agreement, catalogues never provide one for you to sign, therefore the debt cannot be enforced.Your friend needs to do a CCA request, to obtain a copy of the credit agreement.They won't provide one, only excuses as to why they don't need to, which is rubbish!

 

Tell your friend to get copies of her credit file from experian, equifax and callcredit. They will probably have put something on one of them. This is defamation of character because you cannot record details on the CRA's files for a debt that is legally unenforcable!

 

I hope this is useful."

 

Good luck

[harrythehawk]

It is Surprise, is there a thread I can follow, obviously very interested in the outcome !!

[surprise]

I didn't start a thread, but I will post you the outcome they have 10 days left.

[surprise]

I have today had Studio's final response, which is to pass the matter to a Debt Collection Agency and to continue to add further costs. I am not sure what part of the 1974 CCA they don't understand. Will now press on with complaints to the relevant bodies and see what happens.

[harrythehawk]

Just to let you know, nothing, nothing, nothing ....... have heard nothing since this last post, no letters, no phone calls, no court summons ....... nothing ..... that is so boring, well only another 5 and a half years to go until it drops off my wifes file !! My own file goes in the win box ... now gathering dust !!!

[surprise]

Spooky, you just posting. I've just passing my file to FOS. The balance on my account in March was £1007. I've today received a red letter its now £1,128.87. they've been adding charges every month whilst the account is in dispute. Talk about digging themselves into a hole. I'm also having phone calls. I sent a list of charges to them and its £1285. so more than what I owe them, so I suggested to them to write the balance off and call it quits. Heard nothing from them and deadline passed today. I've passed it to the FOS so that Studio will get to pay another £400.00.

[harrythehawk]

Nice one !! Let me know how things go !!