wife and Post April 2007 CCA Enforcement. iqor & studio

[TheLion]

My wife has an alleged debt with Studio. After asking for a CCA they sent through an agreement which had been completed by one of their staff which they wanted my wife to sign and return...she did not. Then, after complaining about this they informed her that the agreement would have been sent with her first order. Whereupon recieving it she was supposed to fill it in and keep it somewhere safe...not send it back. To date she has not received any confirmation from Studio that a signed CCA exists.

 

After a further letter to Studio they passed the debt to iQor for recovery. My wife sent two letters to iQor with regard to the CCA request not being complied with. They ignored them, and earlier this month she received a letter from Geoffrey Parker Bourne (GPB) solicitors stating that iQor may seek court action. My wife sent a letter of complaint to iQor with regard to them ignoring her letters and once again stating the CCA situation.

 

On 16.07.09 my wife received a letter from iQor stating that they were investigating the complaint and that it could take upto eight weeks. Meanwhile, today we received a letter from GPB stating that they have been asked by iQor to commence court proceedings within seven days unless the debt is paid in full.

 

My questions are:

 

1. Can a debt without a signed CCA be enforced after April 2007? I have read elsewhere on the forum that post April 2007 debts still require a signed agreement to be enfofceable.

 

2. Can GPB commence court action while iQor are investing a complaint?

 

3. Can iQor ask GPB to commence court action even though they have not purchased the debt from Studio?

[dx100uk]

i would totally ignore the lot of 'em

.

they have failed to comply to your CCA request..end of subject.

 

you need to remember that DCA's & their 'in-house' solicitors [change the paper in the same office printer] HAVE NO LEGAL POWERS.

sent threat-o-grams is all they can do.

 

if it were me & you know nothing of this debt, i'd ignore them.

 

its not up to you to prove you do not owe them, its up THEM to prove you do & as it stands, they seem to have nothing.

 

by continually replying or paying attention to the letter you are encouraging them!

 

 

use the search in the blue bar above and search for studio.

might give a few pointers.

 

 

me i'd ignore them all.

 

dx

[RIAZZIG]

Can someone please explain the significance of "April 2007"

 

Can Credit Agreements post April 2007 be unenforceable?

[cerberusalert]

Can someone please explain the significance of "April 2007"

 

Can Credit Agreements post April 2007 be unenforceable?

 

Update on Consumer Credit Act

[B3rty]

After April 2007 an improperly executed agreement can be enforced by the courts where prior to this if it didn't contain the prescribed term it couldn't

[TheLion]

Thank you for the great advive. A pro-rata offer was made to them over a month ago but as of yet...no reply. Not sure what is on