Problems Clearing a debt

viva1angel

hi all, I dont know if this is in the Right place But i am Hoping for a Little Help

A Couple of Years ago i got into some serious Trouble Money wise.

I was a Good Girl and Let all of my lenders Know that i was in a Tight Spot. Most were Fine about this and let me Pay smaller amounts until i got back on my Feet... Except One.. Studio Cards and Gifts. They Threw a Wobbler and told me to pay what i Owed, Which they Knew Full well i couldnt. So, Charges after Charges they Sent it Straight off to Moorcroft! They got in touch and wanted money. the amount i could afford would not Entertain them. They Started to get Stroppy.

My mum and dad have Offered me Money to get out of debt, i will be debt free as soon as i sort Studio.

Well. I rang Moorcroft and Basicly Said, I have £300 to Give you as a final Settlement, Which in Fairness, if studio had of been nicer and Not Put Charges on account the amount would have been around this Mark.

They say, yes ok... Studio said this would be Ok. I Got Check Ready and they Sent me Paperwork.

paperwork Says i will be Paying FOUR HUNDRED as a FIRST PAYMENT and then Followed by 138 the Next month.

I rang them back and they Talk a load of crap about the Bloke i Spoke too being new and Not knowing... So i Say Right... i want a Copy of my Credit agreement and statement of all Charges. they say they have asked Studio for them and they Say they 'dont give those Out'

I am at a loss as what to do now.

I know i Owe them Money, I just Dont agree with the Amount (especcialy when some occasions i was getting 4 charges Per month). I want to Pay them and be Debt Free, Not up to my Neck in debt and Not Sleeping (i told the Moorcroft idiot that this was Making me Ill and he Just laughed)

Someone please help me out of this Mess.

emma

viva1angel

Quick Update: Another Letter From them... Intended Litigation letter... Dont know if it is Just them Trying to scare me into Paying or Not....

Dont want this to end up in Court....

I NEED TO SLEEP

milliemonster

Well firstly, by law you are entitled to a copy of your credit agreement so by them saying 'they don't give them out' entitles you to put your account in dispute until they can provide one, this means they cannot continue to harrass you for payment.

You need to send them a letter unsigned and by recorded delivery with a postal order for £1 clearly asking for a copy of your CCA regarding this debt, they then have 28 days to respond (I believe).

Ignore the intended litigation letter, it is just a threat designed to scare you at the moment.

Respond to this with the request for your CCA, there should be a template letter on here somewhere

viva1angel

Update on this One.

Got a Letter from Studio today, with my statement of accounts... good. also got a SAMPLE of credit agreement with them having written my details on the top of it... it isnt my credit agreement... and whats more, the address they have put at the top of the credit agreement was the adress i moved to, not the address i had at the beginning??

i am unsure of what to do now?

thanks for any help
emma

Just read right at the bottom of the letter they sent.... With Regards to the Deed of assignment, Please be advised that we do not hold this Document as we do not sell on the Debt; the debt is still owned by us

Not sure what that means.

viva1angel

This is the letter i got,

Thank you for your letter Dates 23rd August 2009 which has been passed for my attention.

In Order to comply with your Request, i have enclosed a sample credit agreement. Your Current Balance is £517.74, Is in arrears and is currently being handled by one of our external debt recovery agencies.

Under the Credit terms you will recieve a statement every 28 days. you chose to either pay the full balance on your account at once or in installments. Should you chose to pay by installments, you may pay any amount of your choice above the minimum payment Detailed in your Statement. if you Chose to pay every 28 days a Service charge of 2.9% (or 2% if by direct debit) of the brought forward balance will be added to your next statement, together with a service charge on any purchase on your previous statement from the date of dispatch up to that statement.

A minimum of £10 or 6% of your outstanding balance plus any outstanding arrears from the previous statement will be required every 28 days. Further information can be found in the enclosed credit agreement.

Please Find enslosed a full trading statement of your account since its inception in September 2004.

With regard to the Deed Of assignment, please be advised that we do not hold this document as we do not sell on the Debt; the Debt is still owned by us.
Assuring yo uthe best of our attention at all times.
yours Sincerely
Miss K Lee

Jesthar

Hiya Angel,

First off, take a deep breath and relax a little - you are currently a victim of the usual bullying tactics of the parasitic bum-pustule profession known as Debt Collection Agencies. For these DCAs unfounded threats and barefaced lies are a way of life, and no tactic is too low for them if it frightens people into giving them money - even if that person doesn't actually owe them anything...:mad:

As millie said, they are LEGALLY REQUIRED to provide you with a valid copy of your original credit agreement on demand; a 'sample credit agreement' doesn't count! Haven't seen this tactic before myself, but others probably have, unless it is a new variation.

Now, did you ever send them a formal CCA request letter with a £1 postal order (rule 1 of dealing with DCAs - NEVER sign a letter or send them anything with a signature on, as they have been known to use sample signatures to forge 'original' documents')? If so, they only had 12+2 working days to reply, and if that deadline is has passed the account is 'formally in dispute' and they can't collect on it - UNLESS they both find the agreement ANDgo to court to get the debt reactivated (which would cost tme more than the debt is worth!).

If not, the first stage will be to send a formal CCA request by recorded delivery to get the formal ball rolling. There are template letters you can use for both these, so don't worry about what to write.

Oh, and incidentally, I do believe you can claim back any charges applied to your account in the same way you can reclaim unfair credit card charges...

*hugs*

~Jes

viva1angel

Yep, i sent them with a CCA Request, and a check for a pound, the letter i got this Morning is the Reply to the CCA... I am beginning to think Studio are as bad as Moorcrap...

Jesthar

OK - did you send that to Moorcroft or Studio? The CCA request should go to whoever is demanding money off you at that point in time. And only one of them are allowed to be asking you for money at any point in time too...

Secondly, if you now have the full trading account statements for the account, then if that includes a full list of penalty charges you can start work on reclaiming those, I think - you might want to have a look at the reclaiming 1000s section of the main website.

~Jes

viva1angel

I sent one to Both Of them. Moorcroft replied saying that Studio do not give out credit agreements, so i rang them up and they told me the same thing that Studio would not give them the Documents to comply with my Request as it is not Something they can give out. So i told them that i was going to Studio with the matter and Moorcrap Said they would put that in my Notes and will wait until this was sorted until they Pursue me again (think rep at moorcrap been drinking HAHAHA). Anyway, Later on that day i sent letter to Studio with the check for a Pound and this is the response i got for it.

Jesthar

Right...

First up, Moorcroft weren't drinking, they were simply lying. Don't be surprised at this, it's what DCAs do, and how they earn their money. So if you haven't send a CCA request to them by recorded delivery with the £1 postal order (don't send a cheque, it has your signature on), you should do so. If you have a Consumer Credit Agreement acount with anyone, they are legally obliged to supply a copy of it on request. Moorcroft know this, but are hoping you don't!

If you have already done that to Moorcroft, then once 12+2 working days are up, you can send them the 12+2 day 'account in dispute' letter.

Oh, and don't bother phoning them or answering their calls any more, you'll only get lied to again!

~Jes

viva1angel

Will send them another one then today. Pretty Miffed at Studio not sending it but cashing Check anyway... Grrrr... Oh well.

Not so bad on Sending Check... its my mums Check book, So they cant use that.

thanks for the Help.

Will let you know how i go with Moorcroft