lowell PAP letter of claim - old Studio CAT debt - balance all charges

[dx100uk]

send lowells a complete copy of your reclaim you sent to studio.

 

tell them the original creditor refused your request

but appears to have now sold the lemon debt on.

 

should they continue to send threatening letters and phone calls

 

you will include them in any court claim raised against studio24 regarding the unlawful penalty fees.

please also remove the account from my credit files as its now it your name as the creditor.

 

 

dx

[Maudymumfuzz]

Thanks Bazooka I will try and contact BT to see if there's anything they can do...it's easier on a mobile these days.

 

Dx

I'm so sorry I think I've confused the issue totally,

this is a separate debt to studio and one we've had no issue with (there are probably some penalty charges within the balance but I haven't yet checked) as we've paid religiously since making the interest free agreement 4 years ago.

 

Out of the blue we had a letter to say the debt had been sold to Lowell

and we'd need to pay them from now on, no problem with that but I don't want to be harassed.

 

The calls started yesterday and I suspect wil continue until they speak to us.

 

I just wondered if there's something else we could do now it's been sold on

a) to stop them pestering and

b) to look into the account properly to see if anything untoward has been applied etc

 

I'm

So sorry if I've confused things totally :-/

I was just stunned when I got the letter because we've never missed a payment.

Maudy x

[dx100uk]

well go start a new thread on it

one debt per thread please...

[Bazooka Boo]

I was just stunned when I got the letter because we've never missed a payment.

Maudy x

 

Well if they have flogged it on, then the CATALOGUE has reneged on it's promise, so as there is no longer any agreement in place to repay what you may owe, then personally IMO I'd drop payments right down to £1 a month for the life of the debt, and then go about reclaiming all the penalty fees they will have added to the account, including interest.

[Maudymumfuzz]

Hi a

I have now received a full statement (after sending the SAR)

 

however Studio haven't replied to my letter which requested repayment of penalty fees,

 

they don't seem to have even acknowledged it and it was sent 7th Feb, signed for according to RM track & trace on 10th Feb.

 

Since then we have had two more statements

- the latest one now looks like they have transferred the debt to their internal Debt collection team as it says balance c/f from Statement XXX.

 

We haven't made any payment as obviously they owe us a LOT more than we owe them..

. What do we do now?

 

Is there a follow up/reminder letter i need to send if they haven't acknowledged my letter asking for the charges to be repaid. Stressed again.

 

.. i know i shouldn't be but i am a worrier

- if you hadn't gathered that already!

 

Huge thanks in advance to all who have helped so far

- I really can't thank any of you enough.

 

Maudy

[dx100uk]

ignore them let them sell it on,

dx

[Maudymumfuzz]

Hi Dx,

I'd love nothing more than to ignore them but I don't think they are about to give up, the post today arrived with a default notice and request for payment again. Still no acknowledgement of my repayment request (penalty charges) - the charges were approx £4K with interest so if there's anything else we can do I'd like to try if poss.

I just don't know what...

[dx100uk]

std practice

nothing to sweat about

they have to default before sale anyway

[Maudymumfuzz]

Ok thanks. I just dont want it to impact hubbys credit rating any further if poss, we are hoping to apply for a mortgage in a few years and this is really the only bad thing on his record. How do i push the penalty charge issue that they have ignored? Sorry to keep asking but if we can get any of this back it would make a huge difference to us.

 

Many thanks

 

Maudy

[dx100uk]

send you letter again 1st class

[Maudymumfuzz]

Ok thanks dx. I think i probably expected too much...in that they would at least cease adding charges to the account once they received the letter (which basically says the accounts in dispute!) etc. What is the option if this proves fruitless too?

[Maudymumfuzz]

Getting the letter off again today along with the penalty charges spreadsheets etc. Is there a follow up letter i should include if they haven't responded to the first request within the given time scale?

Thanks

[Bazooka Boo]

If they are ignoring your letter for reclaim of charges, then the only follow up letter you need to send them is a letter before action, (LBA) with a strict timescale that if they fail to respond by a set date, you WILL proceed with legal action via the small claims track.

 

BUT, if you threaten them with this, then you MUST go through with your threat and take them to small claims court.

[Maudymumfuzz]

Hi Bazooka Boo

Thank you for your reply - i really appreciate it.

 

I'd like to 'try' if there is a chance we might get something back financially

- do companies still pay out for this sort of thing?

 

If there's not much chance and we have to outlay money to the court it might not be worth it but i really feel they ought to be accountable for their actions when we've queried the charges on more than one occasion .....

 

Thank you

 

Maudy x

[Bazooka Boo]

If they have ignored you up until now, then the chances are they think your bluffing and will continue to ignore you.

 

If you took legal action, then you may well win by default, as they won't submit a defence.

 

Or they may well settle before legal action, or they may even defend it?

[Maudymumfuzz]

Thanks Bazooka i will look into the court costs etc over the weekend and then get something off to them on Tuesday.

 

I feel like i need to put my complaints in writing so they know what my issues are but then again not sure if that's the correct thing to do..

. (i doubt they will care!)

 

we had a letter yesterday to say they will transfer to a DCA as we have failed to make payment but still haven't acknowledged my letter even tho i have proof that they received it. GRRR!! Thank you again for your reply - its very much appreciated

 

Maudy

 

PS - Have a great bank hol weekend

[Bazooka Boo]

It's a difficult one to advise on, I tend to shut them all off before it gets to this stage, however, let me look over the whole thread again, and hopefully I can give my twopenn'orth .

[Bazooka Boo]

OK, did you give them a time scale in which to respond to your letter regarding reclaiming all of the unlawful penalty fees??

 

IMO, I'd give them 14 days in which to respond to your request for a refund, but sent as a LBA, send it recorded delivery, and if they continue to ignore you, the only way is to hit them with a small claim. the costs of which can be added to the total you're reclaiming from them, with interest.

[Maudymumfuzz]

Thank you so much

- I know I keep saying it but I really do appreciate your help.

 

11 years ago we got almost 3k from bank charges reclaim which paid for us to move closer to our families, so I'm a bit out of touch with this sort of thing now.

 

I used the penalty charges template which if I remember gave them 14 days and that's way past it now,

I will do as you said on Tuesday and get it sent off.

 

And I will be waiting for the deadline to get the court stuff started

even if it costs us a chunk it might well be a chance worth taking.

 

Thank you again Bazooka

[Bazooka Boo]

Anything you pay now, will be reclaimable, and added to the total you're reclaiming from them, INCLUDING interest at 8% per annum from date of judgement, BUT you MUST reclaim interest on their charges at their rate, so if it's 39.9% then that is what you claim.

 

Forgot this link..... https://www.gov.uk/make-court-claim-for-money/court-fees

[Maudymumfuzz]

Thank you for the link Bazooka.

 

Up until 01/02/17 which is when i sent the penalty charges letter the combined total was £4755 (this was penalty charges up to their agreement to cease interest etc plus default charges added each month after)

 

looking at the link you sent the court cost would be £185...

i guess its a drop in the ocean compared to what they owe us and well worth doing IF we have a chance.

 

If only i had a crystal ball lol!

Tough decision to make now

- do we pay the fees and try our luck?

I really don't want my husbands credit file to be affected any further by these sharks.

 

Do i understand your post correctly..

. rather than send another penalty reclaim letter

- send a LBA instead and then wait the 14 days etc?

Or send a copy of the previous letter and then send the LBA if they don't respond?

 

Should i be explaining the reasons at all or just leave it as it is?

(i dont know if its wise to point out that we have queried their actions where they kept sending payment reminders/default letters despite us making payments each month,

 

i queried it back in 2015 but they never responded

- they did of course cash the cheque attached to the letter!!

- is it worth pointing it all out so that they know we have a case for reclaiming after they treated us so badly

 

i'm worried they would make a defence if they think we don't have a case maybe?)

or am i over thinking (as usual!!)

 

Thank you as always - Maudy

[Bazooka Boo]

I would, IMO, send them a LBA via recorded delivery giving them 14 days in which to either refund the charges, OR respond to your complaint, failing which you will seek legal remedy through the courts.

[Maudymumfuzz]

OK will do thank you

 

I have tried to read through the forums and see if anyone is having any luck with reclaiming at the minute.

 

I'm just concerned that if the amount goes over the 5k (which it seems to have done already looking at the spreadsheet today)

 

i will have to pay £410 fee which will be very difficult if we lose.

 

Do we have to pay any of their costs if we lose or is it just the fee we lose?

 

Apologies for all the Q's

[dx100uk]

sum of penalty fees from previous sheet

not sure where the rest of my msg went.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405889-LEGAL-Reclaiming-Credit-Card-Charges-Preliminary-Letter-Before-Action

 

Here

[Maudymumfuzz]

Thank you dx - much appreciated

 

Could anyone of you awesome folk point me in the direction of recent penalty charge reclaim cases, success stories if any?

 

I need to weigh up the likelihood of them actually paying up and what i'm facing if they defend....

 

I have looked at the forums but couldnt find much recent info.

 

Thank you