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Studio & Moorcroft
wigshannon
Posts: 2 Newbie
Hi, I hope someone can help on this one.
My OH is wrangling with Studio over a debt. We have sent the 12+2 days and 30 day letters. The response to the first letter was a BLANK Credit Agreement with a letter asking her to sign and return it!! The response to the second letter is a bit more detailed and defensive, some of which I outline below.
"You can be assured that legal advice is sought in such matters where liability is in dispute. It is clear the debt exists but, of course, we are also aware that the Courts would not, at present, be able to grant an enforcement order should a default summons be issued by us because of non payment and it was defended on a challenge to produce a copy of the original signed agreement, as defined by Section 61 of the Consumer Credit Act 1974, unless we were able to produce a signed copy of the original agreement in support of the claim. It is only in such an instance that it would be cost justified to recover originals from our archives."
"We would remind you that the original credit agreement was sent with your order when the account was opened in September 2007. Our customers are asked to sign both copies, returning one copy and to keep their copy in a safe place should they decide to choose repayment by credit terms instead of full payment. By taking advantage of paying the minimum payment every 28 days you are as such subject to the terms and conditions as stated within the credit agreement."
"Without making regular payments we will have no option but to register the debt with all the credit reference agencies as an unsatisfied default. That may adversely affect your ability to obtain credit for up to six years, as well to any person with whom you may be financially linked."
BLAH BLAH BLAH!!!
What I need to know now is where do we stand?
Studio are still insisting that they have a right to enforce the debt until a court says otherwise and we are still getting letters from Moorcroft and now Midas Legal Services seem to have taken over from Moorcroft.
Any help and advice would be gratefully received.
Thanks in advance.
:beer:
My OH is wrangling with Studio over a debt. We have sent the 12+2 days and 30 day letters. The response to the first letter was a BLANK Credit Agreement with a letter asking her to sign and return it!! The response to the second letter is a bit more detailed and defensive, some of which I outline below.
"You can be assured that legal advice is sought in such matters where liability is in dispute. It is clear the debt exists but, of course, we are also aware that the Courts would not, at present, be able to grant an enforcement order should a default summons be issued by us because of non payment and it was defended on a challenge to produce a copy of the original signed agreement, as defined by Section 61 of the Consumer Credit Act 1974, unless we were able to produce a signed copy of the original agreement in support of the claim. It is only in such an instance that it would be cost justified to recover originals from our archives."
"We would remind you that the original credit agreement was sent with your order when the account was opened in September 2007. Our customers are asked to sign both copies, returning one copy and to keep their copy in a safe place should they decide to choose repayment by credit terms instead of full payment. By taking advantage of paying the minimum payment every 28 days you are as such subject to the terms and conditions as stated within the credit agreement."
"Without making regular payments we will have no option but to register the debt with all the credit reference agencies as an unsatisfied default. That may adversely affect your ability to obtain credit for up to six years, as well to any person with whom you may be financially linked."
BLAH BLAH BLAH!!!
What I need to know now is where do we stand?
Studio are still insisting that they have a right to enforce the debt until a court says otherwise and we are still getting letters from Moorcroft and now Midas Legal Services seem to have taken over from Moorcroft.
Any help and advice would be gratefully received.
Thanks in advance.
:beer:
0
Comments
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Have they sent you the agreement??? I bet they haven't because they dont have a signed copy0
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Hi, no they sent a blank one but we ignored that. They are also saying that they know they probably won't win if they take it to court but can they still hassle us?0
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LOL A blank one
I can't really advise you legally But I am sure someone will shortly, I can't see them having that stand up in court can you???
If there is nothing signed I am most sure they can't prove it's you.
But that is only my opinion, Just keep the letters and if they havent replied to your request go to the next stage after the ccs letter0 -
See the last reply here it may help you http://forums.moneysavingexpert.com/showthread.html?t=13196130
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