CCJ from Studio Cards

[manjusha]

Hello. Had an account with the catologue Studio Cards. Missed payments due to extremely tragic personal circumstances. Did used to pay token payments but their admin charges and interests just didn't help my cause. Anyway, whilst I was out of the country on a family bereavement they took me to court and got me a ccj. On my return I found a payment book from Moorcroft saying that there is ccj in my name and I have to pay £30 per month. Have been doing that till I read a few threads on here that said you can claim back unfair charges from them. Rang them today and asked for detailed history of a/c. They said it will be sent by 1pm today and I would get it tomorrow (We shall see) I was told that Studio sold them the debt but when I asked for a copy of the Credit Agreement, they changed their tone and said I have to email/ write in as they are only acting for Studio????? Anyway, have emailed them with CCA request and deed of assignment request. The current balance is £374.73. Would be interesting to see how much of that is their charges. Shall keep everyone posted.

[cjt]

I Still owed £206 to studio, and had allready paid £190 of a £126 order, all that was made up of unfair charges. I rang them and they sent me a copy of all my transactions and charges. I sent a recorded letter to them asking them to wipe my account clean and to reimburse the £70 id paid over, again due to unfair charges. Havent heard owt back formally yet but when i checked mi online account it has gone from me owing them £206 to them crediting me £65 :) I Could ask them to send me a cheque instead but im just happy the account has been cleared. I will spend the £65 and neva use them again. Good luck they are very easy to deal with.

[manjusha]

Thanks for reading cjt. Thats a good result for you! Congrats!! I don't think mine is going to be that easy as they have already taken me to court and entered a CCJ in my name. Their argument would be why didn't I dispute all this earlier. And mine would be I wasn't around to dispute it. Will keep you posted.

[manjusha]

No statements yet from Moorcroft or Studio. Still waiting.

[cjt]

At the end of the day the charges they charged u r legally unfair, did u send a £10 cheque and a S.A.R ? cos they have to reply to you. Also read as much info on them as u can, theres loads on here. Also ask them to send u their copy of the credit agreement cos as it states on numerous threads, no Signed copy no debt, n studio apparantly dont av signed copies. keep up wi it, dont give in.

[manjusha]

Hello. I have been trying to get statements of account from Moorcroft since the 8th May. After 8 emails and even more extremely frustrating calls, I have realised that I would have been better off asking it from Studio. I have today sent a S.A.R to Studio with a £10 cheque and a CCA request too with a £1 cheque, Spend my entire lunch break queuing up in the post office to send it recorded delivery, hope its worth it.

[cjt]

keep at them, they have to reply to the s.a.r. keep me posted on how u do, when it comes its very easy to understand, add up all the charges and interest if u wish and then photocopy it and send it with a letter that states their charges have been unfair and u wish to claim em back. i would also claim back the cheques u av just sent em.

[manjusha]

Thanx cjt. Will keep u informed.

[manjusha]

Hi cjt. I have got the statements from Studio and surprise surprise from Moorcroft too. But the balance amount that I apparently owe them differs on the two statements. I have called Studio and they can't help. They have cashed my cheques and added them on as payments. Are they allowed to do that?

 

And also they have sent a sample credit agreement that I haven't obviously signed. They are saying that "In their experience, both OFT & Trading Standards have acknowledged that for home shopping the supply of an exact copy of the credit agreement that would have been supplied and if required all the financial information relating to the account since its inception is acceptable to meet requests for a copy of the agreement as defined by Section 78 of the CCA 1974." Is this correct???? If this is not the case then I am seriously thinking of applying to the court to set aside the CCJ they have given me.

 

I calculated that as per their statements (although its not 100% accurate) that they have charged me £234.95 in admin charges and £139.97 in Service Charges. Can I claim the 8% and the Sevice charges? I have only been invoiced for goods worth £256.07. I have already paid £402.26. And they want £344.73 more!!!!!!!!!!!!

 

I am looking for some guidance on what to do now. Any help will be appreciated.

 

Thanks.

 

[cjt]

Hi, You have to now write a letter stating that their charges are legally unfair, and that your require them to clear the account and repay you your total sum that you have overpaid, i didint ask fot interest i was just pleased they had done wot id asked. theres letters on this website you can copy and paste and alter to wot u need it to say.also make sure u add that the ccj to be rectified, as this is due to the unfair charges. make sure u copy the statement and send it with the letter (recorded), With the cca, dont worry bout it there just trying to scare u into backing down. Good luck!!!!!!!!!!!!!!!!!!!!!!!

[manjusha]

Thanks for that cjt. Will start on it straightaway.

[katiec]

Hi,

 

Just to quickly let you know that Studio were superfast in replying and agreeing to repay all my admin chgs, I posted a refund request letter on 11th June 07 and received yesterday a reply dated 14th June saying as a goodwill gesture they will be sending me a cheque in 7-14 days for the full amount I requested back plus the £10 S.A.R - (Subject Access Request) fee that had been credited to my account.

Hopefully they will be just as quick in sending the cheque as promised....

 

Fingers crossed for you that you get the same reply and outcome and also get the CCJ removed. Please let us know how you get on.

 

 

Good luck x

[manjusha]

Hi Thanx for that. I have finally managed to do the letter and schedule of charges. Also mentioned that I want the CCJ removed. Although I don't think thats as easy as that. I have read somewhere that its very complicated and has special forms etc. Anyway, the initial letter will go out tomorrow.

[cjt]

hi, its cjt, been on hols, how have you got on?

[manjusha]

Hi cjt. Hope u had a good time. I am still waiting to hear from Studio...... no response yet.

[manjusha]

Hi cjt. I have today called Studio and told that they have credited a whole lot of admin charges and service charges to my account. My account is actually in credit by £15 now! I asked them why they credited and not send me a cheque as my letter said and they said they cannot do that. I asked what will happen to CCJ that they gave me and they weren't able to help. They then gave me another no for their collection dep. Called them and was told someone will call me back but that happen. I am really frustrated now. Should I write to them again? What are the regulatory bodies that govern them? Thanks....I am just so upset, have been in tears all day.

[manjusha]

HELP PLEASE!!!!!! I called Studio again yesterday and they called me back to say that they have asked Moorcroft to start the process of setting the CCJ aside they gave me. I called Moorcroft who confirmed the same. My problem now is that they haven't given me any refund in cheque or cash. Up till Nov 06, when they issued proceedings against me, I had paid them approx £30 more than my the value of goods purchased. Since the order was made in March, I have been paying £30 per month. So thats another £150 + the SAR & CCA req fees of £11 that they credited to the ac. I asked them whats going to happen to that money and they said they will let me know. Is there anyone out there who can help me draft a letter to them? Also I contacted consumer direct who said I might be able to ask for compensation from Studio. If so, how much should I ask for and how? And finally who do I complain to about all this? Please, Please, Please help me.......

[steven4064]

Hi manjusha

 

The first thing to do is to write a simple letter to both Studio and Moorcroft asking them to confirm what they have told you on the phone. Can you tell us what consumer direct siad exactly - on what basis might you be entitled to compensation?

 

Steven

 

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Any opinions are without prejudice & without liability.

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[manjusha]

Hello Steven, Thanks a lot for taking the time. I will write to Studio and Moorcroft and ask them to confirm in writing that my acccount has been cleared, in credit and that they will be writing to the court to set aside the order made against me. When I phoned Consumer Direct they said that as when the Claimants issued proceedings against me, I had already paid for more than the goods bought and since the Claimants themselves have cleared the debt now, it looks like a clear legal malpractice. They said that if thats the case I could claim for compensation for being taken to court wrongly and given a CCJ. In May, I applied for some credit for a new car and was refused. I also tried to get on to a Shared Ownership scheme for a new flat, but they too called me later to say I have been refused. Its clearly to do with the CCJ from Studio as I have not got any other CCJs.

[manjusha]

Hi Everyone. Sorry haven't up-dated this thread but have been very busy. The latest is that I have had £90 refunded by Moorcroft and a court order to say that the CCJ has been set aside. Studio & Moorcroft took care of that. They have, however, refused to refund me any more money and also refused to consider my claim for compensation. I have since then made a formal complaint to the FOS, OFT & am waiting for a full response. I have paid £180 just to Moorcroft for the Judgement and they have only given me back half of that. I hope the FOS comes back in my favour.....we shall see. These people do need to be taught a lesson.

[manjusha]

I managed to get my credit reports from all 3 credit agencies just to see what Studio had added or not added. No record of a CCJ by them but they have defaulted me. So have written to them to say they do need to remove the default completely. Have send a copy to the Financial Omb as well. Not had a formal reply from FOS re my complaint yet. Will keep all of you posted.

[manjusha]

Got a reply from the FOS today. They are saying that as this matter is prior to APRIL 2007, they are unable to help & have returned all the paperwork! I have to write to someone else now. How frustrating! Studio are the ones that asked me to write to the FOS. So they don't now which Governing body regulates them, basically.

[manjusha]

Reply received from Carl Bannister of Studio today saying as another gesture of goodwill they will remove the default registered against me! Will have to wait and see how quickly that gets done.

[manjusha]

Why do I get the feeling I am all by myself on this thread now?!!!!! Hope someone is out there!

[steven4064]

Sorry Manjusha

 

I have just had a quick read through the thread and it seems the situation is that they have repqid the charges, removed the CCJ and said they are going to remove the default.

 

So I presume that you are just waiting for that now and nothing else. Once the default is removed you will have everything you wanted. Is that right?