Alf -v- Studio Cards

[alfwithhair]

I wrote to Studio Cards on behalf of my wife on 03/09/07, explaining that our only income was Incapacity benefit and Income Support and asked if they would accept a token payment on the account.

 

This morning she received a letter dated 15/09/07 It reads;

 

" Dear Mrs XXX

 

In reply to your recent letter we are unable to freeze accounts with no payment showing no payment on them.

After inspection of your account it seems we have not received payment for 3 months.

Unfortunately due to this it will not be held any longer."

 

Leanne Kelly

Credit services"

 

What is that supposed to mean? They have binned it off?, dumped it on someone else?

 

I think Studio Cards employies must be ex RMA:rolleyes: , is Preston again and their letters are as clear as mud.

 

So another CCA request do you think forks? Or wait and see?

 

 

 

[groovychickmum]

Studio May Pass You To Rob,way & Co.......or Mackenzie Hall

 

Dont Panic , When It Gets Passed,cca Them..or Send Cca Request To Studio Itself.

[pt2537]

I Agree, CCA studio, establish if the debt is legally enforcable before worrying about it any more..

 

if you are not in a position to pay them anyway youve not much to lose by CCA'ing them

 

thats the way i would go to be honest

 

regards

paul

[alfwithhair]

All these CCA requests are costing me a fortune.

But will be worth it in the long run Well I hope so.

Thanks again for the advice will keep you all posted.

[pt2537]

Hi Alf,

 

it does get expensive sending all those CCA requests but as you say it will hopefully be well worth it in the end.

 

good luck and let us know when they reply

 

regards

 

paul

[alfwithhair]

Just a quick up date on this one folks. They will not be suppying a CCA for this account as my wife has just found it in her papers. She never sent it back to them. So lets see what the try to pass off as an agreement.

[pt2537]

well thats a result alf,

 

im sure they will try to fob you off with something that they will alledge is your credit agreement.

 

the main thing is that your wife has the original agreement and if she never returned it then they couldnt have executed it

 

it will be interesting

 

 

keep us posted how things go

 

regards

paul

[surprise]

Awh

Studio do not hold agreements at all. I am currently claiming back, PPI which they added, service charge and admin charges. The debt was £1007. I suggested they wrote the debt off as I had paid for the goods received. I was told that they would pursue it and yes they did. Phone Calls galore, red letters. In the end I had enough so I sat down and did a spreadsheet, gave them the opportunity to write the debt off again. No they wouldn't. Claim is currently with the FOS and they owe me £1200.00. They have continued to add admin and service charges whilst the FOS have been dealing with this claim. Everytime they send me a red letter I send it to the FOS and ask them to add them to the charges claimed.

 

The final straw for me was last week they sent me a postcard Please ring 01254 302201 between 8.00 am and 7.00 pm Monday to Friday, urgently. I wrote to the OFT sending correspondence and suggesting that Studio with unfit to hold a credit licence under S25.

 

Good luck with yours, you will find their correspondence unbelievable but don't believe a word they say about they don't have to provide an agreement that is their usual ploy.

 

Good luck with them, but I were you I would claim everything on the account and add 35% CCI.

[alfwithhair]

Well no sign of a CCA from this lot yet, but I received this letter from George Wright

Credit Services Department.

 

"Dear Mrs XXXX

 

Thanks you for your recent communication with regard to the above numbered account.

 

We have enclosed a financial statement and a pre paid envelope with this letter. If you complete and return this to us with a realistic offer of payment we will be able to set the account on a reduced payment plan.

 

Please be aware that any incomplete or unsigned financial statement will automatically be rejected as we need to have accurate information with regards to your financial situation.

 

Please make certain to enter your account number, full name and address and contact details"

 

I sent them a complete income and expenditure sheet some time ago, and I am sure they have the account number and contact details as how would this letter of arrived.

 

The sheet they require my wife to complete has only cells for the same information as they have already been given but the final line say;

 

"I confirm that this is an accurate record of my financial position

NAME

SIGNITURE

DATE."

 

So is there any obligation to send this I/E sheet back to them, as they have already had one and ignored its receipt and offer of reduced payment. Have still not replied to the CCA request, no doubt because it is still here in my wifes drawer. So do you think this is a phishing excersise to get a signiture to put on a CCA?

 

All answers on a post card please to;

[tezviper]

Looks like a sneaky way of trying to get your signature!!

 

TezViper

[pt2537]

I agree with tez

 

 

they are trying to get your wifes sig, the thing is there is NO legal obligation on you to sign and return it, there is however a legal obligation on them to supply you with a true copy of the executed credit agreement so i would just ignore them and wait til they comply with your request which we all now know they cant;) cause its in your wifes draw.

[diskmandave]

Darn tootin' right! No CCA = NO PAY !!

[alfwithhair]

Well Studio answered my CCA request.

 

"Dear Mrs XXX

 

Thanks you for your payment to the sum of £1.00 and the letter dated 25th September 2007 regarding a request for a copy of your credit agreement.

 

In order to comply with your request, I have enclosed a sample credit agreement. Your current balance is £xxx and a minimum payment of £xxx was due to reach your acount by 27th September 2007. Please sent by return.

 

Look at the state of what they sent. A brand new, un-opened aggreement. Well done Studio, this is a shinning example of a correctly executed agreement (NOT). It hasn't even been opened let alone filled in.

 

 

 

So should I bother to write and tell them that what they have sent is a load of old b**locks, or just leave them to stew for a while. As the real thing will not be forthcoming, as it is still in the wifes draw.

[pt2537]

Hello Alf,

 

Welll, i have not laughed so much in ages,

 

they sent you a really enforcable agreement havent they. BUT even better, theyve put it in writing that they are sending a sample application in order to comply.

 

i would let them stew until the 30 days pass then when they demand payment tell them youre reporting them to trading standards and that what tehy have sent in no way compllies with the CCA 1974

 

i wouldnt open the agreement if you have not done so already but keep it safe

 

 

regards

 

paul

[The GodMother]

I agree with paul.

 

I dont think that would count as a true copy of your wifes credit agreement.

 

I have found it funny that studio has sent you that.

[surprise]

You are getting the standard Studio letters. I've got one of their unopened agreements.They don't get any better as time goes on. I have been dealing with them since February. You will need a suit of armour to deal with this bunch. You need to write and say that what you required was a true signed copy. You should get a letter back along the lines that it is alright for mail order company's to send these out, etc.

[tiglet]

If they do, refer them to this: Catalogues/mail order

[manjusha]

Hello

 

Just been reading your thread. Studio are real scums. I have had so much grief from them. They defaulted me & gave me a CCJ. I then CCA'd them & sent a SAR. They added those payments to my account as well! Finally managed to get all charges refunded, CCJ removed & now, default removed as well!!! So keep fighting.

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

[alfwithhair]

Well more crap in the post this morning from Studio cards. NO CCA though.

 

 

Is case the scan is a bit poor I will type the main details.

DEBT COLLECTION & SECURITY. (FOR THE PROTECTION OF THE TRADE)

For C&S Sutton Ltd

Somerset House

Temple St

Birmingham

B2 5DJ

Registered number 837624 Comsumer Credit Licence number 27696.

Companies house displays the following info

 

Name & Registered Office:

C.& S.(SUTTON)LIMITED

SOMERSET HOUSE

TEMPLE STREET

BIRMINGHAM

WEST MIDLANDS B2 5DJ

Company No. 00837624

 

Status: Active

Date of Incorporation: 15/02/1965

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7499 - Non-trading company

Accounting Reference Date: 31/03

Last Accounts Made Up To: 31/03/2006 (DORMANT)

Next Accounts Due: 31/01/2008

Last Return Made Up To: 20/07/2007

Next Return Due: 17/08/2008

Last Members List: 20/07/2007

 

 

None trading company? So how can they be assigned to collect a debt then?

This account is in dispute, NO CCA SENT. just a blank copy. I also note that they have credited the £1 fee for the request to the account?

Court action and local agent will call at my home?

Demanding full payment on a disputed account?

We will ussue a default.

I take it all the threats are illegal practices whilst the account is disputed.

 

Time to inform the TS and OFT yet or should I wait until they have commited the criminal offence after the another month?

 

Answers on a postcard. But not one of theirs, theirs came two weeks ago

[The GodMother]

ok just to recap.

 

You have asked for a true copy of your wifes credit agreement and they can not supply u with one they just sent you a blank agreement which is above.

 

Now i am assuming this true copy of the credit agreement has not been recieved buy you or your wife yet.

 

My personal advice is that you write to both studio cards and debt collection and securitys and advise both that the account is in dispute and make sure you send each other a copy of the letter you write to both of the. (eg the letter you write to studio includes the previous letters and the one to the debt collection agency and the sme with the debt collection agency all copies of the previous letters to studio cards) avise them that as they have not got u a cca then it is a offence to pass the acc on and u will be complaining to ts anf the oft.

[surprise]

I'm afraid this is the norm with Studio. 10/10 to them for being constantly wrong and persistent. I've sent my last notice to the FOS. I have given up responding to Studio. The last time I wrote to them I told them that I was passing everything to FOS and any charges they add I shall just claim back.

 

You do need to report them though, and although OFT don't intervene with any claim they do make a note of complaints against each company.

Have you asked for Studio's Complaints procedure yet? if not, do so, then they will have 4 weeks in which to make a decision and once you have a final answer you can go to the FOS.

[alfwithhair]

ok just to recap.

 

You have asked for a true copy of your wifes credit agreement and they can not supply u with one they just sent you a blank agreement which is above.

 

Now i am assuming this true copy of the credit agreement has not been recieved buy you or your wife yet.

 

My personal advice is that you write to both studio cards and debt collection and securitys and advise both that the account is in dispute and make sure you send each other a copy of the letter you write to both of the. (eg the letter you write to studio includes the previous letters and the one to the debt collection agency and the sme with the debt collection agency all copies of the previous letters to studio cards) avise them that as they have not got u a cca then it is a offence to pass the acc on and u will be complaining to ts anf the oft.

 

Well wrote letter to each of them 19/10/07, told studio what they had sent did not constitute an executed agreement and asked the DCA why they were attempting to collect a disputed account.

 

Both took the usual notice and a DEFAULT NOTICE arrived this morning.

 

I don't know why I waste the postage

[pt2537]

How Surprising.

 

so theyve ignored you completely and forged on ahead regardless eh?

 

usual stuff from DCAs, still the fact they have a balnk agreement, in actual fact an unopened one does not discharge them from their obligations under s 78 CCA 1974 so they are not while in default of your request allowed to default you as a default notice is an enforcement tool in itself( thatsmy opinion anyway)

 

 

they need putting in their place to be honest, when does the 12 working days plus the 30 calender days expire? a complaint ot TS springs to mind when the time limit is up

 

Regards

paul

[alfwithhair]

The 12+2+30 is up 17/11/07.

 

This Default Notice is from Debt Collection & Security, not Studio.

 

Default notice (under section 87(1) of the consumer Credit Act 1974)

 

Details of your account have been passed to us by Studio as you are in breach of the payment terms of your credit agreement.

 

How can you be in breach of an agreement that does not exist?

 

On or after 03/11/07 a demand will be made for payment of £XXX, being the full balance owing on your account. If nothing is paid instructions will be issued resulting in legal action against you, with all costs incurred being added to your debt

Well how are you going to do this with no executed agreement then?

 

Is it worth another stamp writting to these plonkers DCS, or should I just sit it out and see what happens?

[The GodMother]

Alf,

 

My advise to you is let them dig them selfs a hole that they cnt climb out of.

 

I would just file everything together, all letters you have recieved and all letter you have sent them, as evidence against them then if they do take u to court watch them try and wriggle out of the letters being theres.