chezt v's Studio Cards

[chezt]

I have an account with studio and sent my preliminary approach for repayment on the 1st november, had a letter dated the 6th november stating they will refund in full minus £20 that they had already refunded to me how quick is that:p

 

Well done - they've been quick with me so far too!

[chezt]

My cheque arrived today! Well before I get toooooooo excited they've only sent it for the charges + the interest I paid - they haven't settled the whole claim as they've omitted the contractual interest so it's about £100 short! Gonna do a letter 2moro accepting cheque as part settlement & see what happens - nowt to loose & my account is clear with them.

 

Well actually it's in credit! Had a statement today confirming it too! Dunno what's happening there 'cos it's the service charge (Interest) refund & 4 x £20 charges!!

 

Off to bank me cheque 2moro then! I know some have said not to as it's accepting the settlement but I'm gonna anyway & back it up with my conditions

[chezt]

Update just incase anyone is interested - Cheque posted & letter sent as follows ...

 

Studio Cards & Gifts

Customer Services Department

Preston

PR20 2BP

 

(DATE)

Re: Account number xxxxxxx

Response to settlement letter

 

Dear xxxx

Thank you for your letter dated (XXX) and your cheque for the amount of £xx.xx. As previously advised, I will accept this as part settlement only and request, once again, that you return to me a cheque for the balance of the total sum of my claim.

I am disappointed that my previous letters and e-mail detailing the full amount of my claim appear to been disregarded. I made it quite clear in my letter of (DATE) and my e-mail of (DATE) the full amount of my claim. As well as the charges and interest I am also claiming interest on these levies at an annual rate of 39.8%. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your credit charge rate that would be applied under the terms of the above mentioned account.

I shall accept payment by cheque no later than Monday 20th November 2006. The total sum of my claim including interest at 20th November will be £xx.xx. I look forward to receiving your payment for the balance of this claim in full settlement.

I trust this clarifies my position. I look forward to receiving your reply but as stated in my previous correspondence, should my request not be settled in full by cheque, I will proceed with my letter before action on 20th November 2006. You are reminded that there will be no extension to this timescale.

 

Yours faithfully

chezt

 

Lets see what happens now!

[SHERLOCK]

Hi Chezt,

 

can you tell me what the charges were detailed as on your statement. have done CCA letter and my details are online but not showing charges!!

 

Shows balance owing £230.00 - total for parcels = £185.00. (ACCOUNT FROM 2004)

 

thanks,

 

SHERLOCK

[chezt]

Sherlock the charges were stated as Administration charges - the interest was on the statements as service charge.

 

If they haven't provided you with copy statements or at least a detail of the charges incurred then as far as I'm aware they haven't complied with your request - have they just provided you with a balance of account?

 

Hope this helps?

[SHERLOCK]

no only sent request recently, cannot see charges online for some reason. will request breakdown of charges me thinks, ta

 

SHERLOCK

[chezt]

no only sent request recently, cannot see charges online for some reason. will request breakdown of charges me thinks, ta

 

SHERLOCK

 

Oh right I see - pity the online statements don't go back far enough or give enough detail ... oh well - hopefully not too long b4 u get your statements

[chezt]

Just checked my online statment & it's gone from being in credit to me owing £80! I think what they've done is now applied the part refund cheque to my account which was for more than the credits they'd applied to it!

 

Just preparing LBA as I haven't had a reply to my part settlement letter

[chezt]

LBA done & ready to post 2moro for balance of claim (which is basically the contractual interest)

 

Let's see what (if anything) happens now ... they have until 7th december to pay up ... the battle continues!

[SHERLOCK]

Hi, again

 

a little advice please, received statements and they list charges as 'service charge' ranging from £3.00 upto £8.00, 'administration charge' £14.95 rising to £20.00. also payment protection which seems to rise depending on amount outstanding.

 

I intend to reclaim all these charges unless they can prove that these charges were agreed to or are lawful, can you give me a few pointers please.

 

thanks SHERLOCK

[chezt]

Hi, again

 

a little advice please, received statements and they list charges as 'service charge' ranging from £3.00 upto £8.00, 'administration charge' £14.95 rising to £20.00. also payment protection which seems to rise depending on amount outstanding.

 

I intend to reclaim all these charges unless they can prove that these charges were agreed to or are lawful, can you give me a few pointers please.

 

thanks SHERLOCK

 

Hi Sherlock - good new that you have the statements to work with now so you can get started.

 

You can claim all the admin charges (mine started at £12.95 then £14.95 then £20.00) and the interest charged on penalties. As you know I'm also claiming contractual interest (basically I'm charging Studio the same rate they charge me for borrowing) The interest rate they charged on my account is 39.80% and is referred on the statements as service charge.

 

As for the payment protection then if this is something you signed up to then you can't claim this back. I've read on the forums that sometimes it's actually questionable whether this was requested & some are claiming back on this basis - I'm not really familiar with this though as it wasn't an issue for me as I didn't have a charge of this type. perhaps it may be worth reading round the other Studio (& express gifts) threads for a few pointers on claiming these charges back.

 

Which spreadsheet are you going to be using? (I used the throughout with contractual interest for credit cards in the Vampiress chambers)

 

Hope this helps?

[chezt]

Update! (for anyone interested, watching etc!) Posted LBA Yesterday(22nd) quoting my letter dated 15th November etc. I've today rec'd a letter dated 20th November referring to mine of 9th Nov basically saying they've sent me a cq refunding the charges & also 8% interest as they say this is what I could have claimed if I'd gone to small claims.

 

Also, I quote ' therefore I trust that you accept the cq we have sent in full & final settlement of your claim'

 

errr - excuse me ... I trust not!! GGGrrrrr! They've totally ignored my 'thanks for the part payment but where's the rest' letter of the 15th and my e-mail I sent detailing the exact amount of the claim & the contractual interest etc.

 

they go on to say 'Taking the aforementioned into consideration, I trust that this matter is now brought to a close & would like to take this final opportunity to apologise for any inconvenience caused & extend my best wishes for the future' how nice !

 

Think they're hoping if they 'skip round' this issue then I'll go away n accept the payout - Dunno what to do now - I've already sent the LBA detailing how much extra I'm expecting & I've mentioned the part payment etc - do I wait a few days & see what happens now as our this has obviously crossed in the post with theirs?

 

Could do with a mod's advise really to see if they think this is worth persuing as they've paid out the charges & their interest ... anyone around to comment?

[chezt]

bump!

[bill-k]

Heyy - Chezt, matey !!

 

Just got here via your link. You & Sherlock have been beavering away here all on your own, without so much as a look-in from the rest of the crew !! And you've been helping out and about with the others, too. It's a cruel world, innit ?

 

I have to admit that I tend to just stick with the main threads I'm pursuing, and not venture off into individual claim threads. I don't have any myself, apart from one about Trust Deeds, whch in itself explains why I don't...

 

I recall you trying to get info from Studio & Creation a while ago. I've had a scan through here, and you're doing brill with this lot. From what I can see in that last post, they have told you that you're only entitled to the Statutory 8%, and have hoped you'll believe them. THEY don't know that YOU know better, do they ? You can send them a brief letter (2nd class - unrecorded) explaining that you're claiming contractual, and not statutory, and that they might want to read up on that, or google it - idiots. Then carry on with the claim, ignoring their 8% crap in the same way that they ignored your Contractual factual !!

 

Complete the well-known phrase or saying: "He who buries head in sand, invites...?"

 

Well, Bong liked it, anyway !!

 

HTH

 

Bill.

 

BTW - hows little "Micro-Chezt ?" This'll be a special Christmas for you, won't it ?

[crashbandicoot]

Wow chezt good going! I think you're doing fab, just keep on at them. They've kind of admitted liability straightaway by offering the lot as vouchers...I think they've shot themselves in the foot by doing so. The choice is yours as to whether you accept and close the 'deal' or continue for the contractual bit. My thoughts are that if you just keep on with the process and file a claim, they'll cough up the balance too....really don't see them defending their way out of this one.

 

Good luck

[Guest bong]

...A$$ Kicking!!!

 

Hiya chez,

 

As Bill says, I think you should pursue this and I think you should send another letter because this is getting confusing.

 

I think you should say

 

1. sort out my account and restore it to a nil balance. They are sending you cheques and debiting them to your account!! What next I ask -demands for payment? A black mark in your credit record? Wouldn't surprise me.

 

2. They have sent you £155.80 + £24.93 = £180.73 am I right? (The £24.93 is £155.80 x 8% x 2 years.)

 

I think I'd tell them again for clarity the amount still outstanding is £108.92, you don't agree with their interest calculation but have accepted the amount in reduction of the amount you are claiming and, as your LBA indicates, they have until 6th December to pay the rest or they become liable for court costs aswell.

[chezt]

Cheers everyone! I really appreciate all your posts so thanks muchly!

 

Bill you propa make me laff! Oh n can I just say 'Aaahhhhwwww How luvly of u to ask after my lil 'micro chezt' She's doin ok thanks - still got a lingering of this blinkin cold (just a bit of a cough now) n her chicken spots are scabbing over nicely (very sexy!) and apart from the fact she's had a bit of an upset tum the last couple of days resulting in a couple of .... shall we say ... 'interesting!!' nappies! But all that aside she's still an adorable gorgeous lil chufta! A proper cheeky lil muffin (hence my avatar ) Christmas will be FABAROONEY this year .. gonna be laff a minute tryna keep her away from the tree! She wasn't bothered last yr only being 6wks old!

 

crashbandicoot - THANK YOU - your comments are so encouraging & yes I think ur right too - think I'll 'press on'

 

Bong - THANKS SOOOOOO Much for your post - I'm gonna do a letter right now - uv given me some good pointers to work with there. I wondered how they'd calculated their interest so thanks for that! Your figures are right except for the fact they still refunded £160 for the charges (which were £155.80 but they sent £160 in £20 vouchers) + £24.93 interest.

 

As you say, I did actually give them a breakdown & detailed reason explaining my claim added into my LBA so I will do something similar on another letter with an amended schedule attached. LBA expires 6th December so that will obviously still stand

 

THANK YOU EVERYONE ... WATCH THIS SPACE ...

[Guest bong]

It seems there's a good chance you might actually get this sorted with them - at least they are replying to your letters, unlike most of the banks.

 

great to hear your littl'un is getting better. Have to say I didn't realise your avatar was a muffin until you said that. Don't know what I thought it was but I know it wears me out just watching it:p Good luck chez

[chezt]

OK here's what I've done ... comments anyone!?

 

 

Dear xxxxxxxxx

 

I refer to your letter dated DATE in relation to my request for repayment of charges.

 

I must say that I am both concerned and disappointed that my previous correspondences detailing the full amount of my claim clearly appear to have been disregarded. I have made it quite clear in my letter of 30th October, my e-mail of 13th November and my LBA on 22nd November 2006 the full amount of my claim. I have also made it quite clear that your cheque for the amount of £184.93 was accepted as part settlement only and that I would pursue for the balance.

 

For clarity’s sake, once again, I reiterate that as well as the charges and interest on these charges, I am also claiming contractual interest (not the statutory 8%) on these levies at an annual rate of 39.8%. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your credit charge rate that would be applied under the terms of the above mentioned account.

 

If you do not understand my request for contractual interest and what this means, then I suggest you research this further so you fully understand my claim.

 

I calculate that you have taken £155.80 plus £9.05 which you have charged me in service charges (credit charge/interest) for the sum which you have taken. Total £164.85.

 

I calculate that you have applied £164.85 in levies and further, I am also claiming contractual interest at an annual rate of 39.8%. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your credit charge rate that would be applied under the terms of the above mentioned account. The total amount of my claim at today’s date is £295.04 and I have attached an updated schedule for your convenience.

 

As you have already refunded £184.93, then the balance required at today’s date is £110.11. Please note that interest will continued to be added daily until full settlement is received.

 

I would be obliged if you could now refund by return a cheque for the balance of the full amount of my claim without further delay. Failure to do so will leave me no alternative but to begin a claim against you (in the County Court on 7th December 2006) for the balance including interest plus my costs (the courts charge £30.00 for a claim of this value) and without further notice. I feel sure however, that you will not consider this a viable or cost-effective option.

 

I trust this clarifies my position and I look forward to receiving your positive reply. You are reminded that there will be no extension to this timescale.

Yours faithfully

 

chezt

[chezt]

Have to say I didn't realise your avatar was a muffin until you said that. Don't know what I thought it was but I know it wears me out just watching it:p Good luck chez

 

PMSL ... yeah it is an active lil thing isn't it .... just like my lil 'un believe me!

[Guest bong]

great letter except it should end yours sincerely if you put his name. don't delay...

[chezt]

great letter except it should end yours sincerely if you put his name. don't delay...

 

Good point! Don't think I want to be sincere tho haha! It's printing as we speak .... seconds out ... round 2 (or is that 3 or 4 ...?)

[bill-k]

You & Bong are doing well here. Nice of Crash to "crash" in, too. Yeah - I love the letter, clearly but politely pointing out what an ignorant bunch they are. Excellent bit of snide, if I may say so !!

As Bong has observed - at least they are replying to your letters. They still haven't attained the banks' level of arrogance, yet, I guess.

 

Thanks for the update on poor lil Micro. Still, it's best sorted now, rather than later, as she won't remember it, will she ? Nappies - moi ? I've witnessed some "Special Deliveries" in my time (don't tell the rest of the gorilla troupe !!) I even used to sing (to the tune of the Conga) "Da, da, da, da, da - Bum...Cream......Da, da, da ,da, da - Bum...Cream ! We still do it at Christmas & New Year - and she's 16 now !!

 

...Still, it got me prepared for the sorta stuff that arrives in the post these days. I find myself opening plain brown envelopes by unsticking the left and right hand sides first, then gingerly peeling the thing downwards, whilst breathing OUT all the time !! Just so's you know I really have been there !!

 

Make sure you take it in turns with the cam & camcorder this Crimbo. Get that footage - it's important !!

 

I've been meaning to ask you about your avatar - it really is cute, and sure enough, it keeps saying "Hey - I'm over here, Hey - I'm over here !"

I was gonna ask if it's a muffin or a bucket of popcorn - don't matter anymore , as it's Micro - and she's both - and then some !!

 

Talk about being off-thread. It's a good job this is your one, anyway, Chezt !!

[chezt]

I love the letter, clearly but politely pointing out what an ignorant bunch they are. Excellent bit of snide, if I may say so !!

you may!

 

Nappies - moi ? I've witnessed some "Special Deliveries" in my time (don't tell the rest of the gorilla troupe !!) I even used to sing (to the tune of the Conga) "Da, da, da, da, da - Bum...Cream......Da, da, da ,da, da - Bum...Cream ! We still do it at Christmas & New Year - and she's 16 now !!

 

...Still, it got me prepared for the sorta stuff that arrives in the post these days. I find myself opening plain brown envelopes by unsticking the left and right hand sides first, then gingerly peeling the thing downwards, whilst breathing OUT all the time !! Just so's you know I really have been there !!

 

This had me propa PMSL & ROFLMAO!! Now I do KNOW uv deffo been there with that explanation ... propa modern day Gorilla then eh!! Just another bit of info there to prove my kitten theory BTW!

[bill-k]

... propa modern day Gorilla then eh!! Just another bit of info there to prove my kitten theory BTW!

 

Too much information, again, eh Chezt ??

 

That'll be my downfall.