Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: Vamps on 05 July 2009, 22:34:27
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Swmbo has had a letter from a Debt collection agency. :o :o Demanding immediate payment of £925 threatening a visit and Court if not paid. :o
The company say they are representing ‘Studio’ which is a Catalogue that tends to be Christmas things.
Now she has not bought anything from them since Christmas 2007 and then it tends to be small amounts purchased, less that £100.
The goods are delivered and then paid for on invoice. She seems to think that she had a ‘credit limit’ of £900
We have had not letters from Studio and have not paperwork as Carole has disposed of any paperwork as all invoices were paid.
She has contacted Studio, who say they are unable to give any information as they have passed on everything to a Debt recovery agency. >:(
They were not contactable today, and she has made arrangements with Studio to get them to ring her tomorrow tea time.
All we can think of is that somehow someone has ‘Cloned’ her account, but that does not explain the lack of invoices or other contact by Studio. But does explain the amount of money involved. ::)
I am suggesting to Carole that she asks for copies of orders, deliver address and proof of delivery, any other suggestions?
If we went to Court I assume they would have to provide this information to try and prove their case, any suggestions welcome.
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Respond with a letter as follows.......
*Mrs Vamps
Some house somewhere
In a town
In a county*
Whoever Credit
Your Reference number : *fill in the reference number they gave you*
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of the credit agreement on request.
Your obligation also extends to providing me with a statement of account.
I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act, and I understand that a copy of the credit agreement should be supplied within 12 working days from the date of receipt of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary,
I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :
1. True copy of original credit agreement.
2. Statement of account.
3. Copy of the executed deed of assignment.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and will be viewed as harassment.
I look forward to hearing from you within the statutory time limit.
Above all, do NOT sign the letter.....just write it as above (with the relevant bits to your case filled in the blanks) and post it off.
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Sock iy to em Mike and keep us informed. :y
brilliant reply from killer Watt, but as he says, dont sign it as they then have your signature..
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Respond with a letter as follows.......
*Mrs Vamps
Some house somewhere
In a town
In a county*
Whoever Credit
Your Reference number : *fill in the reference number they gave you*
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of the credit agreement on request.
Your obligation also extends to providing me with a statement of account.
I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act, and I understand that a copy of the credit agreement should be supplied within 12 working days from the date of receipt of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary,
I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :
1. True copy of original credit agreement.
2. Statement of account.
3. Copy of the executed deed of assignment.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and will be viewed as harassment.
I look forward to hearing from you within the statutory time limit.
Above all, do NOT sign the letter.....just write it as above (with the relevant bits to your case filled in the blanks) and post it off.
That sounds great, :y she is worried :( There would not have been a credit agreement, order - invoice -pay.
Should I add to the list of demands, information of delivery address and proof of delivery?
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That'll do nicely as a warning shot across their bows. Implies you're not gonna just accept it and know what your talking about.
Well done KW :y
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We have such a wide range of people and consequentially, knowledge / expertise on OOF that I feel anyone can ask anything and there will be someone who is knowledgeable on the subject.... :y :y :y
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Can I write that Letter, in my name, on her behalf? we have different surnames :D
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That is a very impressive looking letter from 20 watt. :y
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Should I add to the list of demands, information of delivery address and proof of delivery?
No, just write it as is and use Royal Mail Special Delivery so you have proof it has been received.
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Straight to the jugular - he's not the Killer for nothing you know 8-) :y :y
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Now that's what I call a letter.
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Swmbo has had a letter from a Debt collection agency. :o :o Demanding immediate payment of £925 threatening a visit and Court if not paid. :o
The company say they are representing ‘Studio’ which is a Catalogue that tends to be Christmas things.
Now she has not bought anything from them since Christmas 2007 and then it tends to be small amounts purchased, less that £100.
The goods are delivered and then paid for on invoice. She seems to think that she had a ‘credit limit’ of £900
We have had not letters from Studio and have not paperwork as Carole has disposed of any paperwork as all invoices were paid.
She has contacted Studio, who say they are unable to give any information as they have passed on everything to a Debt recovery agency. >:(
They were not contactable today, and she has made arrangements with Studio to get them to ring her tomorrow tea time.
All we can think of is that somehow someone has ‘Cloned’ her account, but that does not explain the lack of invoices or other contact by Studio. But does explain the amount of money involved. ::)
I am suggesting to Carole that she asks for copies of orders, deliver address and proof of delivery, any other suggestions?
If we went to Court I assume they would have to provide this information to try and prove their case, any suggestions welcome.
If legit, it would be very unusual for that to be the first communication!
I have had a couple of run-ins with service companies who have 'told me' that I (or a charity that I run) owe them money. By the time the 10th or 15th threatening letter arrives you will be quite immune to it. They have letters from bailiffs as well and like to point out the difficulties of living with CCJs against your name.
If you are of weak constitution then you may need to find a way out, but if you are confident that no money is owed, I would bluff it out. It is likely to cost them quite a bit of money/time to engage the services of credit collection companies.
Sadly I am 'hard as nails' to these people now.
PS. The Water Company that tried it on with me had another department that gave compensation to people who were not responded-to within 10 days and I racked-up quite a profit on that one!
Keep one eye in the lady in case she can't take the strain. ;)
Oh! And keep a diary of all correspondence with dates.
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Swmbo has had a letter from a Debt collection agency. :o :o Demanding immediate payment of £925 threatening a visit and Court if not paid. :o
The company say they are representing ‘Studio’ which is a Catalogue that tends to be Christmas things.
Now she has not bought anything from them since Christmas 2007 and then it tends to be small amounts purchased, less that £100.
The goods are delivered and then paid for on invoice. She seems to think that she had a ‘credit limit’ of £900
We have had not letters from Studio and have not paperwork as Carole has disposed of any paperwork as all invoices were paid.
She has contacted Studio, who say they are unable to give any information as they have passed on everything to a Debt recovery agency. >:(
They were not contactable today, and she has made arrangements with Studio to get them to ring her tomorrow tea time.
All we can think of is that somehow someone has ‘Cloned’ her account, but that does not explain the lack of invoices or other contact by Studio. But does explain the amount of money involved. ::)
I am suggesting to Carole that she asks for copies of orders, deliver address and proof of delivery, any other suggestions?
If we went to Court I assume they would have to provide this information to try and prove their case, any suggestions welcome.
If legit, it would be very unusual for that to be the first communication!
I have had a couple of run-ins with service companies who have 'told me' that I (or a charity that I run) owe them money. By the time the 10th or 15th threatening letter arrives you will be quite immune to it. They have letters from bailiffs as well and like to point out the difficulties of living with CCJs against your name.
If you are of weak constitution then you may need to find a way out, but if you are confident that no money is owed, I would bluff it out. It is likely to cost them quite a bit of money/time to engage the services of credit collection companies.
Sadly I am 'hard as nails' to these people now.
PS. The Water Company that tried it on with me had another department that gave compensation to people who were not responded-to within 10 days and I racked-up quite a profit on that one!
Keep one eye in the lady in case she can't take the strain. ;)
Oh! And keep a diary of all correspondence with dates.
My first thoughts were that it was a con, but once she rang the catalogue company this seemed to confirm that it was legit. We don't owe the money so will fight tooth and nail. just we could do without that hassle at the moment.......... >:( >:(
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Excellent reply from KillerWatt. As he says send it as it is and DON'T sign it. :y
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That is a brilliant letter KW, and I know that should do the legal trick.
Took on Abbey National once over bank charges and obtained £2,000 from them, including my costs.
In other words it is always worth using the correct legal approach, and mean it when you threaten court action against them.
I have also achieved this by telephone with a mail order company who had duplicated my account, and once I had explained the legal situation and how they were causing harassment and were acting outside the legal criteria, giving them 2 hours to confirm that they had closed down the account and ceased legal action thety confirmed within 30 minutes!
Use KW excellent letter and being resolute is the secret with these rouge companies ;) ;)
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Just thought I would do a quick check. Came up with the following. Gavent looked into any of them, but maybe worth a nosey.
http://www.google.co.uk/search?hl=en&q=Studio%E2%80%99+Catalogue+debt+complaints&btnG=Google+Search&meta=&aq=f&oq=
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Stunning letter Killer
Clearly implies - It's not me/us
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Stunning letter Killer
Clearly implies - It's not me/us
The letter doesn't imply anything, it simply points out to the collection agency where they stand in law.
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I got home tonight and swmbo had phoned 'Studio' she said that she could not wait for them to contact her ::) ::)
It seems that in February this year we bought a Plasma TV and had it delivered to an address in London. They seem to have accepted that this has been a fraudulent purchase, though no explanation of why we have not received any invoices yet.
At this point; they are 'holding' the debt collection agency pending swmbo sending to them proof of address in February. They suggest a utility bill, but almost everything is in my name and we have differing surnames. Not sure what we can do for that.
Makes me wonder if they knew something, no invoices and quick to accept that it was not us buying a telly for Richierich :-/
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Vamps....
STOP with the phone calls
STOP talking to Studio
Write the letter, let the law take it's course.
If you wish to use methods of communication where it cannot be proved who said what, when talking to a company that has already relinquished the debt....then be my guest...but it's really not advisable IMO.
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Vamps....
STOP with the phone calls
STOP talking to Studio
Write the letter, let the law take it's course.
If you wish to use methods of communication where it cannot be proved who said what, when talking to a company that has already relinquished the debt....then be my guest...but it's really not advisable IMO.
:o :o :o Just told her, she has the name of the person she spoke to, I see your point - Not sure what to say till I have discussed it further with her, but once she has the bit between her teeth.... ::) ::) ::)
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KW is right. Cease all verbal communication.
If they call, politely tell them you are now following legal advice and all comunication is to be by letter.
You've already raised reservations about different surname on utility bills.
Don't risk being stitched up by a company that know they have been ripped off and are trying to get their money back from anyone they remotely have a chance with...ie You and yours.
Send that letter matey, or you may end up being well and truly shafted.
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Absolutely agree with KW. Verbal communication is impossible for you to prove, can be taken out of context, and it's possible to unwittingly give away information they can use against you. You are under no obligation to "prove" anything to them. Send them the letter and see them in court if they so desire (they won't).
Kevin
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OK, got her talked round ::) ::) ::) as she has spoken to studio should we send 2 letters, 1 to studio and the other to the debt collection agency :-/
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Don't think it would do harm to send it to both. May even give the debt collectors cold feet about taking up the issue if they think they may be asked to collect from an innocent party that knows how to deal with them legally.
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OK, got her talked round ::) ::) ::) as she has spoken to studio should we send 2 letters, 1 to studio and the other to the debt collection agency :-/
Stop creating extra work Vamps.
Studio have already passed the debt on, it's no longer their concern in law.
The debt collection agency are the only ones making demands, so they are the ONLY people you are legally obliged to communicate with.
Remember what the letter template I gave you said as well...."All further communication will be via letter only"
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Talked her into it, she is doing it now. Used personal examples of how People / Solicitors can be all very nice, till you are in the Court, and it all changes :o :o :o
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Letter done, £1.00 postal order bought, cost £1.50 ::) will be posted 'recorded delivery' tomorrow :y
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Letter done, £1.00 postal order bought, cost £1.50 ::) will be posted 'recorded delivery' tomorrow :y
Please keep us informed mike. looking forward to hearing the outcome.
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A friend of mine returned from a long weekend away one day early and found a number of packages addressed to an unknown person (at their address) on their doorstep.
I guess someone at Eurostar or WHY had passed on their address for those unlucky souls who have no credit rating.
You can't believe what goes on in this world.
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Letter done, £1.00 postal order bought, cost £1.50 ::) will be posted 'recorded delivery' tomorrow :y
Please keep us informed mike. looking forward to hearing the outcome.
Will do, might help to respond to any response.... :D :D :D
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I'm sorry your having all this grief Mike, i know that you could well do with out it
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I'm sorry your having all this grief Mike, i know that you could well do with out it
Thanks for that :y
Grief with Life Insurance now >:( :'( :'(
How are you, been away for a while, nice to see you back :y :y :y Hows little un? Mine met up with little Miss Loo-Knee at York Meet, they got on like a house on fire, was great... :y
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I'm sorry your having all this grief Mike, i know that you could well do with out it
Thanks for that :y
Grief with Life Insurance now >:( :'( :'(
How are you, been away for a while, nice to see you back :y :y :y Hows little un? Mine met up with little Miss Loo-Knee at York Meet, they got on like a house on fire, was great... :y
shes the same as her mum a p.i.t.a. . glad you enjoyed york especially the girls .i hope i can spend a bit more time on the OOF now the meds have settled down a bit and i can string a coherent sentence together
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I'm sorry your having all this grief Mike, i know that you could well do with out it
Thanks for that :y
Grief with Life Insurance now >:( :'( :'(
How are you, been away for a while, nice to see you back :y :y :y Hows little un? Mine met up with little Miss Loo-Knee at York Meet, they got on like a house on fire, was great... :y
shes the same as her mum a p.i.t.a. . glad you enjoyed york especially the girls .i hope i can spend a bit more time on the OOF now the meds have settled down a bit and i can string a coherent sentence together
Never stops the rest of us. ;D
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I'm sorry your having all this grief Mike, i know that you could well do with out it
Thanks for that :y
Grief with Life Insurance now >:( :'( :'(
How are you, been away for a while, nice to see you back :y :y :y Hows little un? Mine met up with little Miss Loo-Knee at York Meet, they got on like a house on fire, was great... :y
shes the same as her mum a p.i.t.a. . glad you enjoyed york especially the girls .i hope i can spend a bit more time on the OOF now the meds have settled down a bit and i can string a coherent sentence together
Never stops the rest of us. ;D
You noticed that too...... ;D ;D ;D