studio reply to cca

[kenlanelisa]

i had a reply to cca request from studio gifts and cards. i recieved a letter with it giving rubbish and a form. i know its not a credit agreement and they probably have not got one. its just a two part form what you sign and keep one side and send back another. so, what do i do now. wait for calender days to run out. then send them a letter of not compling tocca request and ask them to close account and remove any defaults.

[surprise]

I'm afraid its not that easy with Studio. They don't have agreements but they insist on processing data and they will carry on pursuing the debt. I offered them to write the debt off and for me not to claim charges and they wouldn't. So I've placed it in the hands of the FOS where they will get fined £400 for them to investigate and the charges are higher than what I owe them. You will have a battle on your hands.

 

You can write and say that they haven't complied with your request or you can wait until they commit a criminal offence.

 

They intend to ignore what you say anyway, I've quoted so much to them and they come back with so much bull.

 

Don't give up though, keep going at them. I have been dealing with them since beginning of March.

[kenlanelisa]

thanks, i think i will sit and wait for full 12 + 30 days. then i'll send them a letter.

[kenlanelisa]

cca these and they have defaulted on my request and committed a criminal offence on the 30 calender, days last month. i have only had request and reminders for payments since, so i sent a reminder about not paying until credit agreemnt shows up.

 

today i recieved this letter from studio.

 

date on letter 1st oct/07.

 

dear xxxxxx

Thank you for your letter 24/09/07. I fully note your comments and opinions regarding your liability, the office of fair trading and local trading standards acknowlege that for the home shopping industry, the supply of an extra exact copy of the credit agreement together with all relevent financial information is acceptable to meet your request for a copy of the credit agreement. You can be assured that the legal advice is sorted in such matters where liability is in dispute. We are still very much of opinion that a debt exists. We are also aware that the courts will not grant an enforcement order, should a default summons be issued because of non payment and it was defended on a challenge to produce a copy of the original signed agreement that we could not produce.

We would remind you that the original credit agreement was sent with your order when your account was opened in june/05 our custermors are asked to sign both copys, return one copy and keep theirs in a safe place, should they decide to choose payment by credit terms instead of full payment. By taking advantage of paying the minimum payment every 28 days you are sure subject to the terms and conditions as stated within the credit agreement.

You have been a customer of ours for several years and we are trying to avoid an irretrievable breakdown in that relationship. Without making regular payments we have no option but to register the debt with all credit reference agencies as unsatisfioed default, that may affect your ability to obtain credit for up to 6 years., as well to any person whom you may be fiancially linked.

This company will not write of a debt just because there may be the possibilty of a legal defence, if we were to take legal action as a method to recover the debt owing to us subsequently transparant that you did not sign and return the copy of the creit agreement. We realise it will not be enforcable, but it is not void nor an unlawful debt. We are satisfied that upon decision without the information the commisioners office and on legal advice that it can still be registered as a default with credit reference agencies. The balance on your account is £464.54 and it is in arrears by £7.00.

Please make your payment by the 12th oct/07 in order to bring your account up to date. This is a valid debt which we will pursue, however i have noted that your account is on a non intrest payment arrangement of £2 every 28 days and therefore your account is not subject to our normal credit terms.

This is our final response. If you are dis satisfied with this response to your complaint you might be able to refer your complaint to the FOS. You will need to do so within 6 months of the date of this letter. A leaflet detailing the FOS along with a copy of our complaints proceedure is enclosed with your reference.

 

yours sincerly, lisa newton, customer care dept.

 

xxxxxxxxxxxxxxxxxxxxxxx

 

on recieving the above letter this morning, this came this morning to with same post.

 

 

DEBT COLLECTION & SECURITY FOR THE PROTECTION OF TRADE

DEPARTMENT 5

PO BOX 13, ACCRINGTON

BB5 5GR

 

DATE ON LETTER 29TH SEPT/07

 

DEFAULT NOTICE UNDER SECTION 87 OF THE CONSUMERS CREDIT ACT 1974.

 

IMPORTANT YOU SHOULD READ THIS CAREFULLY.

 

DETAILS OF YOUR ACCOUNT HAS BEEN PASSED TO US BY STUDIO AS YOU ARE IN BREACH OF PAYMENT TERMS OF YOUR CREDIT AGREEMENT.

AC/NO. XXXXXXXX

TO REMEDY YOUR BREECH YOU MUST MAKE A PAYMENT TO STUDIO BEFORE THE 13TH OCT/07.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN, NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREECH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU ON OR BEFORE THE 13TH/OCT/07.

A DEMAND WILL BE MADE FOR THE PAYMENT OF £464.54 BEING THE FULL BALANCE OWING ON YOUR ACCOUNT.

IF NOTHING IS PAID, INSTRUCTION WILL BE ISSUED THAT COULD RESULT IN LEGAL ACTION AGAINST YOU, WITH ALL LEGAL COSTS OCCURRED.

IN ADDITION, YOUR DEFAULT WILL BE REGISTERED WITH ALL CREDIT REFERENCE AGENCIES, WHICH COULD AFFECT YOUR CREDIT WORTHYNESS.

IF YOU HAVE ANY DIFFICULTY PAYING ANY SUM OWING UNDER THE AGREEMENT, OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE YOU CAN APPLY TO THE COURTS WHICH MAY MAKE AN ORDER ALLOWING YOU OR YOUR SURETY MORETIME.

IF YOU ARE NOT SURE WHAT TO DO YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE, A SOLICITOR, TRADING STANDARDS OR THE NEAREST CAB.

TELEPHONE 0870 2411063 TO CONFIRM NOW YOU ARE WILLING TO PAY THE £464.54 OR IF YOU CAN PAY BY CREDIT CARD.

 

YOURS SINCERELY, THE DEBT COLLECTIONS & SECURITY.

 

 

so studio sent me their letter after they had already passed my details on to another party, without telling me. great arnt they.

could any one give me advice please on what to do?

[Having_A_Knightmare]

DETAILS OF YOUR ACCOUNT HAS BEEN PASSED TO US BY STUDIO AS YOU ARE IN BREACH OF PAYMENT TERMS OF YOUR CREDIT AGREEMENT.

 

What credit agreement they have not got one.

 

Write back and ask them how they can give you a default on a breach of a credit agreement if it does not exist!!

 

HAK

[surprise]

Studio are an absolute nightmare and they won't go away. You will find you will get phone calls, postcards and red letters aswell. What I have done is gone through all my statemets added up service charge, admin charges and ppi since inception and then added 35% interest. This has come out more than what I owe them. My claim is now with the FOS.

 

I would write to Studio and copy in Debt Collection and i would point out to Studio that they are in breach of the CCA 1974. quote the following

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to this account.
  
• You may not pass this account to any third party.
  
• You may not register any further information in respect of this account with any of the credit reference agencies.
  
• You must remove any default notice you have placed on my credit file.

[manjusha]

Hi

I agree with Surprise. I have details of who you should be writing to etc, let me know if you need any help.

http://www.consumeractiongroup.co.uk/forum/store-cards/88351-ccj-studio-cards.html

[kenlanelisa]

We had another letter regarding studio account. could someone please advise.

 

dear xxxxxxxx,

 

NOTICE OF LEGAL PROCEEDINGS

THIS IS NOT A COURT DOCUMENT.

12/11/07,

DEBTOR FROM IQ OR RECOVERY SERVICE LIMITED

AGENTS FOR STUDIO CARDS CREDITORS

 

THIS IS A NOTICE OF INTENDED COURT ACTION VALID EVEN IF NOT READ BY YOU.

 

TAKE NOTICE THAT THE DOCUMENTS ARE BEING PREPARED FOR THE ISSUE OF PROCEEDINGS FOR THE RECOVERY OF THE DEBT DETAILS OF WHICH IS GIVEN BELOW.

 

THE AMOUNT DUE INCLUDING STUDIO CARDS ADMINISTRATION CHARGE OF £20.00 IS £484.54.

 

WHAT YOU ARE REQUIRED TO DO PAY THE FULL AMOUNT BY 10AM ON THE 19/NOV/07.

 

PAYMENT MUST BE SENT QOUTING THIS REFERENCE. 173XXXXXXXXX.

 

SEND YOUR PAYMENT TO

IQ OR RECOVERY SERVICE LIMITED,

33/34 WINCKLEY SQUARE

PRESTON

LANCASHIRE

PR1 3EL

 

IF YOU NEED HELP OR ADVICE TELEPHONE 01772557635. BETWEEN 8AM AND 9PM MON - FRI, OR 8AM AND 4PM ON SAT.

 

IF YOU FAIL TO PAY OR SEEK HELP FROM US, COURT ACTION MAY BE ISSUED WITHOUT FURTHER WARNING TO YOU.

 

COURT FEES, LEGAL COSTS AND INTEREST MAY BE ADDED TO THE SOME YOU OWE NOW.

 

IF ANY JUDGEMENT REMAINS UNPAID THE FOLLOWING STEPS MAY BE TAKEN, DEDUCTIONS FROM YOUR SALARY, SEIZURE AND SALES OF PROPERTY.

 

YOUR MEANS EXAMINIED AT COURT.

CALLS MAY BE MONITERED FOR SECURITY PURPOSE.

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

COULD SOMEONE ADVISE ON WHAT TO DO ON THIS PLEASE. ME AND MY DISABLED WIFE ARE SCARED AS THIS ACCOUNT IS IN HER NAME, I DONT WANT IT TO MAKE HER WORRY AND HER GET ILL.. WE DONT WANT TO GO TO COURT. ARE THEY GOING TO TAKE US TO COURT.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[AndyOrch]

Hi

Post them this and send it S/del tomorrow then sit back and relax

 

 

Dear Sir/Madam

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to your Company

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully (Dont Sign)

 

 

 

Regards

Andy:cool:

[harrythehawk]

Please take note of the frequent use of the word "may" in their letter which says it all surely if they were serious it would say "will", like Andy says send the letter and you "may" or "will" not worry !!

[Curlyben]

While andy's letter is good, in this case it isn't really enough.

 

Try this instead.

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

*- Delete as needed

Enjoy

[AndyOrch]

Thanks Curley

 

I will have to borrow your F/cabinet and update mine

 

P.s Love the Due Dilligence line

 

 

Regards

Andy

[NitrousOxide]

Valid if not read by them as well.

[The GodMother]

Nitrous,

 

How about Valid if not read and understood buy them as well.

[kenlanelisa]

THANKYOU EVERYONE. me and wife are very gratefull for your help. will get letter of tomorrow.

if we have reply we will let you now what happens.

thankyou again.