expensive photoshoot - need to escape - told cannot cancel - HELP

[sammyw84]

thank you all again

 

she is going to write a letter to the studio first and see what happens with them, and depending what they say if she HAS to pay then she wants the discs back and photo shopped as promised.

 

but what to say to the DCA to hold them off whilst she awaits a reply?

[slick132]

If you want to respond to the DCA, simply say :-

 

Dear sir or madam,

 

I refer to your demands for payment of £xxx in respect of an alleged debt to Adee Phelan.

 

This matter is in dispute with the photo studio and I have written to them today.

 

Until the matter is resolved with them, you must not make any further demands.

 

If you continue to demand payment, I will refer the matter to the relevant authorities for investigation.

 

Yours faithfully,

 

As we have said before, don't panic when the contact you with threats - they have no authority.

 

But DO try and reach agreement with the studio.

 

Finally, I note that you never posted a copy of the agreement or details of it. Is it a formal Credit Agreement that refers to the Consumer Credit Act 1974. Or is it simply an agreement to pay a set amount over a period of 12 months.

 

It would help if you hide any personal data and post a copy of the agreement using this guide :-

 

Courtesy of DX100

 

scan the required letters/agreements/sheets

as a picture[jpg] file

don't forget you can use a mobile phone

or a digital camera too!!

or convert them to .PDF

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[sammyw84]

hi all, well she sent the studio a letter, one each to each of the managers and have informed the DCA shes awaiting a reply and below is what she received as a reply ...

 

''Well you need to contact the studio and chase them up then!! If you don’t have a fixed address then they may have sent them to the address you provided but you aren’t there…. I have just emailed them for an update

 

The fact that you are stating to be unemployed and that you can’t pay much is not acceptable… you signed an agreement for a certain amount every month (if you weren’t sure you could pay this then the agreement should not have been signed, and if you feel like you were struggling that much then you don’t go to a photo studio at all)

 

You need to set up a payment plan now, and I will contact the studio for you, payments MUST be made

 

Jamie Annand

 

Collections Advisor

Oriel Collections''

 

cant believe his tone! where do you mean to send a copy of the agreement to? it just states how much to pay per month and over how long,

[skintandfat]

hi all, well she sent the studio a letter, one each to each of the managers and have informed the DCA shes awaiting a reply and below is what she received as a reply ...

 

''Well you need to contact the studio and chase them up then!! If you don’t have a fixed address then they may have sent them to the address you provided but you aren’t there…. I have just emailed them for an update

 

The fact that you are stating to be unemployed and that you can’t pay much is not acceptable… you signed an agreement for a certain amount every month (if you weren’t sure you could pay this then the agreement should not have been signed, and if you feel like you were struggling that much then you don’t go to a photo studio at all)

 

You need to set up a payment plan now, and I will contact the studio for you, payments MUST be made

 

Jamie Annand

 

Collections Advisor

Oriel Collections''

 

cant believe his tone! where do you mean to send a copy of the agreement to? it just states how much to pay per month and over how long,

 

It's all in the contract- also remember a contract can say anything someone wants but can only be enforced if a court agrees.

You can't (usually) have unfair terms in a contract and expect people to roll over - unless you are HMRC

 

Is the agreement a finance agreement or just a contract.

 

Reply to the DCA and (as others have said) you dispute the debt and you REQUIRE them to cease collection activity until you have receved satisfaction from the photo company

 

When it boils down to it you have choices;

1. Pay in full
   
2. Reach a part settlement agreeable to both parties
   
3. Don't pay and make them take it to court.
   

Each option is available

[Staraker]

hi all, well she sent the studio a letter, one each to each of the managers and have informed the DCA shes awaiting a reply and below is what she received as a reply ...

 

''Well you need to contact the studio and chase them up then!! If you don’t have a fixed address then they may have sent them to the address you provided but you aren’t there…. I have just emailed them for an update

 

The fact that you are stating to be unemployed and that you can’t pay much is not acceptable… you signed an agreement for a certain amount every month (if you weren’t sure you could pay this then the agreement should not have been signed, and if you feel like you were struggling that much then you don’t go to a photo studio at all)

 

You need to set up a payment plan now, and I will contact the studio for you, payments MUST be made

 

Jamie Annand

 

Collections Advisor

Oriel Collections''

 

cant believe his tone! where do you mean to send a copy of the agreement to? it just states how much to pay per month and over how long,

 

Wow! If that's a verbatim transcript, then it seems pretty unprofessional, especially the finger-wagging about unemployment, given that - IIRC - it was said previously that that happened after the pictures were actually taken.

[andydd]

Well..they are right in that unemployment makes no difference to a contract BUT if they were to take you to court and win, it would affect the enforcement of the amount owing and a Judge may decide that a small amount of £xx per month is reasonable.

 

Andy

[lookinforinfo]

If part of the contract was that her photos would be photoshopped and airbrushed, and they weren't , then that would be a breach of contract.

[rameses_qc]

If part of the contract was that her photos would be photoshopped and airbrushed, and they weren't , then that would be a breach of contract.

That's true, but then the doctrine of "Quantum Meruit" would come in; more or less means that you must pay for what was actually done. i don't think there's much the poster can do except come to an agreement with the studio. The debt collector's reply shows a high degree of unprofessionalism, and plain ignorance, so I would not communicate any further with those morons.

[numbers666]

Just a thought - is your cousin a minor ie under 18 ?

[Surfer01]

Does the company have a credit licence? How as the loan raised?

[sammyw84]

no shes 28yrs old,

 

not sure about credit license?!

 

so what shall i reply to the DCA?

[numbers666]

Dont reply to the DCA.

 

Write a letter to the Phographers detailing loss of job etc, that she will pay xx per week/month, please provide bank details so a standing order may be setup.

 

As alluded to above, this was a simple contract, they have fulfilled their part, you just need to negotiate reduced payment/settlement amount. Should they decide to proceed to CC, then the judge would look favorably on payments being made consistently.

 

The way forward is to negotiate with the shop NOT the DCA - you are under no obligation to do so.

 

Sorry there is not better news....

 

N

[The Governorvx]

What was the purpose for the photographs? Was it work related?

[lookinforinfo]

That's true, but then the doctrine of "Quantum Meruit" would come in; more or less means that you must pay for what was actually done. i don't think there's much the poster can do except come to an agreement with the studio. The debt collector's reply shows a high degree of unprofessionalism, and plain ignorance, so I would not communicate any further with those morons.

 

Thank you for your response rameses_qc-I am always impressed with your knowledge of the law. I take your point that payment has to be made for the work done but the work was not done as specified in the contract. Surely, therefore, the photographer can be asked to review the price in the light of the deficiences.