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    • gives them a feeling of grandeur. dx  
    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? lowell Solicitors : Overdales solicitors  How many defendant's  joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment? May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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Studio and the lost returned item


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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:)

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

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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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

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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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 :D

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  • 2 weeks later...

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

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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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.

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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

Consumer Health Forums - where you can discuss any health or relationship matters.

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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?

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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

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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  • 1 month later...

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

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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

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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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.

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