Alf -v- Studio Cards

[surprise]

If you look at the back of your statement it tells you the interest, from what I can remember I think it was 39%. You need the credit card spreadsheet that allows you to adjust the percentage to your own requirement. the 8% one is for the bank.

There is also a compound calculator that you can download from the web. Just google, compound calculator

[alfwithhair]

Cheers Surprise.

Have googled what you said, cannot find one that you can alter the percentage rate and don't have excel. Any further suggestions?

[surprise]

in the Bank templates library there are some spreadsheets. Use the one for credit card there is an alternative to excel.

[alfwithhair]

in the Bank templates library there are some spreadsheets. Use the one for credit card there is an alternative to excel.

 

Been in there, none of them work, excel or works, I don't have either.

[surprise]

Sorry I can't do a link but if you go into search, find the thread mbdisVcap one help needed - post #10 there is a link for the Compound Interest Calculator. Very easy to use.

[surprise]

Compound interest calculator

[Conniff]

just trying to make him feel better after what i saw conniff wrote. For somebody just to jump in on a thread and not read the whole thread and make that type of comment i think is pathetic.

 

Chrissi

 

That is unfair Chrissi and you shouldn't make assumptions, I have read the whole thread, but I don't understand what is being attempted here.

 

How can you claim back charges when you haven't actually paid any?

 

we are unable to freeze accounts with no payment showing no payments on them.

 

So if they erased all the charges and interest that would still leave the original outstanding balance would it not?

[alfwithhair]

That is unfair Chrissi and you shouldn't make assumptions, I have read the whole thread, but I don't understand what is being attempted here.

 

How can you claim back charges when you haven't actually paid any?

 

 

 

So if they erased all the charges and interest that would still leave the original outstanding balance would it not?

 

Just so you know there has been no payment on the account since being unable to afford it and they failed to supply a CCA. Account was paid and up to date until this time. So have paid plenty.

[The GodMother]

Alf.

 

If you ahve paid for the goods then i would feel you have paid plenty towards the account. I understand that these companys need to make money but not claiming for over exagarated charges. £15.00 for a first letter about you not paying your account and £20.00 each letter after that. In reality they dont pay that much to print a letter as most of it is already there and takes about 3 monutes for someone to input any info.

 

Any way my rant is ova

 

Chrissi

[alfwithhair]

Well after receiving a letter from Studio the other week containing the line

 

"We are also aware that the Courts would not grant an enforcement order should a default summons be issued because of non-payment and it was defended on the challenge to produce a copy of the original signed agreement that we could not produce."

 

I today received my monthly statement headed

 

"UNLESS THE REQUIRED PAYMENT IS RECEIVED BY THE DATE DUE WE WILL TAKE ACTION TO RECOVER THE DEBT EITHER BY COURT ENFORCEMENT OR THROUGH A LOCAL AGENT WHO WILL CALL AT YOUR HOME"

 

Also received a letter from DEBT COLLECTION & SECURITY dated 1 Dec 07. They say;

 

"It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. This letter fulfils this requirement even if not actually read by you.

 

To prevent legal action from being taken you must settle this debt immediately. Payment must be made in full within 7 days or contact made with this office immediately by telephone on 0870 2411063. Failure to contact us by 10.00am on 11-dec-07 will result in legal proceedings being issued without further notice.

 

We would draw to your attention that if judgement and an order for the repayment in full is obtained and remains unpaid enforcement of the debt will be sought by one or more of the following procedures.

 

1/ appliction for attachment of earnings with your present or future employer.

2/ application for a charging order on any property you may own or are purchasing under a morgage.

3/ application for you to attend court for questioning

4/ warrent of execution by bailiffs.

 

If judement is entered against you this may affect any future credit application you may make elsewhere. All legal costs (including solicitors costs and statutory interest incurred are usually payable by the debtor.

 

So what are they on with this letter? Is it the usual hot air? The default they issued months ago is rubbish as it has penalty charges on it, so the amount is wrong and they have no signed agreement, they said as much in their last letter.

 

Is a reply necessary or just file this in the usual area of the draw and wait to see if they are stupid enough to initiate court action with no agreement.

 

Alf

[The GodMother]

Up to you really.

 

Remember to file it with all the other paper work tho.

[surprise]

Unfortunately, as I have already stated, this will continue from Studio. They do not go away. If they can't get you by phone I am sure you will get a door step call. They wont' give up. I think so far the threats are from inhouse debt collections but they will eventually go to some one like Westcot which is what happend to another gagger and has had months of hell. I personally feel that all correspondence should be answered, ignoring it is not going to make it go away.

[The GodMother]

Ok based on what uprise has said i would send them a letter with a copy of studios letter admitting they dont have a CCA and explain that they would not be able to take you to court.

[alfwithhair]

OK, thanks. Am on to it. Letter on its way first thing Monday.

[The GodMother]

Good Good. I would also advise that any legal action would be defended.

[alfwithhair]

Good Good. I would also advise that any legal action would be defended.

 

That goes without saying:grin:

[The GodMother]

Yes l know Alf but if l didd not say it someone else would advise you to say it.

 

Chrissi

[alfwithhair]

Well after sending Debt Collections & Security a letter on 10-12-07, out lining that their clients, STUDIO were is default of my CCA request and telling them any legal action which they implied in their last letter would be defended. I received this letter from them dates 15-12-07.

 

Dear Mrs X

 

Because you have failed to make adequate payment (no cca, so no pay)we must now decide what further action is necesssary to recover the £xxx.xx you owe our client. (make a nusence of yourselves you mean as there is not much else you can do without the agreement)

 

It is our intention to call in the next few days (is that right, well is the 22 now, no sign of you?) in the hope that we can reach a realistic agreement so we can suspend collection action. (which you should of done anyway as the account is in dispute)

 

YOU SHOULD TREAT THIS AS A MATTER OF URGENCY AND CALL WITHOUT DELAY. (don't think so, other things to do at the moment, its xmas don't you know)

What a bunch of muppets. Clutching at straws now, STUDIO already told me their is no signed agreement so debt cannot be enforced.

 

They will try anything.

Alf

[The GodMother]

As long as you have that in writing Alf then you are more than in your rights to copy that letter for them then tell them to feck off and merry christmas.

 

My partner has just advised me to tell everyone this.

If these DCAs brains were made out of chocolate they would not have enough to fill a smartie.

 

Chrissi

[alfwithhair]

Well more toilet paper arrived this morning from Debt Collections & Security, dated 29th Dec 07.

 

Dear Mrs X

Client: STUDIO

 

* YOU HAVE FAILED TO PAY STUDIO AS REQUIRED

* DETAILS OF YOURR ACCOUNT ARE BEING SENT TO MORORCROFT DEBT RECOVERIES LTD WHO WILL CALL AT YOUR HOME TO COLLECT THE DEBT

* ALL THE LEGAL COSTS OF A COURT SUMMONS WILL BE ADDED TO WHAT YOU ALREADY OWE.

* A RECORD OF YOUR DEFAULT WILL BE MAINTAINED ON A NATIONAL CREDIT REGISTER FOR SIX YEARS. THIS MAY AFFECT YOUR ABILITY TO OBTAIN CREDIT IN THE FUTURE.

* ONLY AN IMMEDIATE REALISTIC PAYMENT OFFER CAN STOP THESE ACTIONS IF AGREED BY TELEPHONING 0871 376 9952 NOW.

 

THIS IS A FIANL DEMAND AND IT IS NOT MY INTENTION TO WRITE TO YOU AGAIN.

 

G STEPHENSON

 

Well sorry boys have told you 4 times now, NO CCA from OC so NO PAY.

Do you think the Moorcrap Boys will actually try court enforcement without a signed CCA.

 

I told these Debt Collection plonkers twice before that STUDIO have admited they have nothing.

 

Studio already said;

"We are also aware that the Courts would not grant an enforcement order should a default summons be issued because of non-payment and it was defended on the challenge to produce a copy of the original signed agreement that we could not produce."

 

So should I just wait till I hear something from Moorcrap or reply to this letter?

 

Thanks

Alf

[The GodMother]

Moorcrap are just as incontient as unreliable collections.

 

They claim they obide buy the the OFT guidelines on debt recovery but are trying to collect on a disputed debt.

 

 

Chrissi

[alfwithhair]

Well a letter from STUDIO themselves this morning dated 9 Jan 08.

Dear Mrs X

 

Thank you for you letter dated 10 Dec 07.

 

May I reiterate that we have supplied you in our previous letter such information to comply with our obligations under the Comsumer Credit Act and are not in breach of its terms.

 

The balance on your account is £xxx.xx. This is a valid debt which we will pursue. Should you decide to withhold payments your account will be passed to our external debt collections agency unless there are valid reasons why payment cannot be made, ie. financial difficulties. if this is the case I urge you to contact us with a reasonable payment offer.

 

The information held by the credit Reference Agencies is a true reflection of the payment performance on this account which we will continue to report.

 

We have now fully complied with your request, and have sent you our final responce on the 14 Nov 07. We now consider this matter closed.

 

As previously advised, if you are dissatisfied with this response to your complaint you may be able to refer your complaint to the Financial Ombudsman Service. If you decide that you wish to refer your complaint to the Financial Ombudsman Service you will nedd to do so within 6 months of the date of this letter.

 

I trust the above information fullu clarifies out position on this matter.

 

Mrs T Simpson.

 

Right, what I need to know is have they complied fully with the CCA request by sending out a blank, un-signed, un-completed document?

And if not how can they pursue the debt with no signed aggrement, which as I have said before they have admitted the have not got? and pass it to outside collectors?

Their in house clothheads Debt Collections & Security have already said they are passing it to Moorcrap.

I am running out off letters to these planks, they are p**ing me off.

Should I bother answering this one or just wait to see if Moorcrap try to collect on it.?

Thanks

Alf

[surprise]

As previously said they have not complied by sending a blank agreement, the debt does still exist they can puruse the debt but what they can't do is harass and take it to court. However, they will try to carrying on collecting they won't give up. You really should have gone to reclaim your charges back with compound interest.

 

Unfortunately, if you don't take any positive action then you are going to have to put up with this from Studio because they just won't go away.

[alfwithhair]

Thanks Suprise,

 

Have you got a copy of the letter you send to Studio claiming your charges back that I could get some ideas of how to word my letter?

 

Did you claim the service charges back as well as the penalty fees?

Did you get anything back?

 

Thanks for your input

Alf

[surprise]

I put a claim in for everything that was on the account. This was the letter I sent.

 

 

Please find enclosed a list of charges levied to the account since inception.

In the absence of a legally binding agreement these charges have been unlawfully applied and I am therefore seeking repayment of these amounts.

Total amount of charges £xxxxx interest at the lower rate of APR 29.5% £xxxxx, making total amount due of £xxxxxx

The alternative would be to write the debt off and remove all data from the CRA’s and your system, especially bearing in mind that this alleged debt is unenforceable.

I am, however, not willing to continue with harassment from your company for the next six years so I wish to draw a line under this as quickly as possible.

You have 10 days in which to re-consider your position and should I not hear from you then I will pass all correspondence to the FOS for them to investigate. As you are aware once they start their investigation this will cost your company £400.00.

I await your response within the timescale stated.