Studio and the lost returned item

[Bluuemoney]

I read the response given to turn 82, and following on from that.

 

My outstanding balance with Studio is £700 ish, of which £199 is indispute I refused the item in question did not sign for it or recieve a form from the delivery driver. He said I didnt need one (Foolish I know, but sometimes I trust people)

 

I havent payed them for two months, I can know pay some thanks to my Bank charges being paid back.

 

I want to claim my Admin and service charges from them ( roughly £300).

They have given me one more chance to phone them with a suitable repayment plan, before they start defaulting.

I'm still sending the CCA should I get in first?

 

What should I do, I'm in the same situation with Littlewoods £600, who I have also come to an agreement with but couldnt keep to because of the long wait for TSB to pay up.

 

All advice welcome:)

[tiglet]

I'd say get your CCA's in - that will give you a little time to sort out what you want to do.

[archer_66]

i worked for a courier company that used to deliver for studio.if you havent signed for it then they cant prove you had it.ask to see a copy of the delivery manifest

[Bluuemoney]

i worked for a courier company that used to deliver for studio.if you havent signed for it then they cant prove you had it.ask to see a copy of the delivery manifest

 

Thanks for that, I will do, more good news Littlewoods have put my account on hold for a week they think I will refinance with their IBC department I'll get my letters in first.

 

Thank you both for your help:D

[Bluuemoney]

Hi All

Today I recieved a letter from Studio enclosed is a sealed sample credit agreement, they seem to have removed the cost of the lost order.

They have not included anything with my signature on.

What should I do next?

stu1.doc

[archer_66]

has the 12 days gone yet for which they are supposed to give the agreement? if so id send them a letter explaining that they havent complied with your request and that they are now in default ,which means they arent supposed to ask for money on the account til they produe the agreement.they have a further 30 days after the original 12 after which they have committed an offence and should be reported to OFT or trading standards

[Bluuemoney]

The 12 days are up 3nd May, so I'll just sit and wait:-) Thanks

 

Littlewoods keep telephoning, I don't answer they have cashed the cheque but sent nothing in writing yet.

[danmav]

By supplying a sample credit agreement, albeit without your signature, Studio have obliged with your CCA request as it is deemed a "true" copy. However were they to consider pursuing the debt through the courts they would have to produce the agreement with your signature on, which knowing Studio is highly unlikely. Therefore the debt is unenforcable through the courts but you are still liable for the debt.

[Bluuemoney]

So I can start the claim for Admin charges to reduce the debt ?

[gizmo111]

Hi All

Today I recieved a letter from Studio enclosed is a sealed sample credit agreement, they seem to have removed the cost of the lost order.

They have not included anything with my signature on.

What should I do next?

 

It is entirely up to you what you do next, you can reclaim your charges to reduce the debt or send them this letter - amended obviously.

 

Dear Sir/MAdam

Your Ref:

I refer to your letter dated 2 October 2006, in which you supplied me with an unsigned copy of your standard credit agreement. The supply of this standard leaflet in no way satisfies my request for documentation for the debt you allege exists – and I therefore do not acknowledge any debt to your company. For ease of reference I enclose a copy of that letter.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

You were in breach of the Consumer Credit Act 1974, on 8th September 2006 and one month later on 8th October you were guilty of committing a criminal offence.

I expect to hear from you within 10 days of this letter, acknowledging that this debt is indeed unenforceable, else you leave me with no alternative but to contact Bolton Trading Standards, and any other relevant statutory bodies to advise them of your conduct.

In your letter dated 2 October 2006 you refer to a firm of collectors, I fully expect you to advise them that this alleged debt is unenforceable also.

 

Take note, that any legal action you may contemplate will be both vigorously

[Bluuemoney]

Exellent advice to think about and add up, thanks

[Bluuemoney]

The 12 days are up 3nd May, so I'll just sit and wait:-) Thanks

 

Littlewoods keep telephoning, I don't answer they have cashed the cheque but sent nothing in writing yet.

 

A quick update on littlewoods, they have been telephoning everyday, I have not answered.

Today I have recieved an ordinary monthly statement that has the £1 used as payment.

 

I now owe £650, £480 in arrears.

They have added £5 Admin Charge and £12 Extra Care Advantage.

 

Any advice please?

[archer_66]

on the 3rd may write them a nice letter explaining that they are now in default and can no longer ask for payment . explain that you sent a cca request in with the date u sent it or put a copy of the letter you sent in the letter.then tell them to remove your phone number from their records.also tell them that if they have no signed credit agreement then they do not have consent to process data about urself and u wish all data sharing to be stopped and to not conform with this request is a criminal offence

[Bluuemoney]

Studio have sent me an LBA letter that states that if I dont contact them by 10 am Tue 12 June they will proced with legal proceedings at the county court.

 

So I am sending the letter tomorrow stating that they have now committed a criminal offence (CCA) as the 12 days plus the calender month are up on the 18th June.

 

Am I right or have I screwed up somewhere.

 

Bluuemoney

[archer_66]

the criminal offence is after the 30 days is up but yes def send them a letter saying that with no CCA then it will be difficult to prove alleged debt as court will want to see the CCA also.and remind them that on the 18th you will be reporting them for criminal offence to OFT and tading standards

[Bluuemoney]

Great, thats good to hear, I'll keep you posted on the outcome.

 

Ta

Bluuemoney:)

[diskmandave]

You must report them to Trading Standards and tell them that you have done so, as they were chasing you for a disputed debt too. Report them for committing the summary offence as well at the same time.

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Good luck, regards, Dave.

[Bluuemoney]

I will do, how about Data Protection Complaints – Information Commissioner’s Office (ICO)

 

Lots to read.

Thanks

 

Bluuemoney

[diskmandave]

Your current issues fall within the remit of Trading Standards, your local office or the office in the town of the creditor can be found using the link posted above.

 

Regards, Dave.