Problems Clearing a debt

Jesthar

Hold fire a sec - Studio cashed the cheque? Did they take it iff the balance of your account at all? This is getting more and more complicated! :rotfl: Might have to get the experts involved!

~Jes

Anarchist

Hi Emma,

If they claim what they have sent you is a 'True Copy' of your CCA, then what they have supplied is not this.

What this essentially means, is that their debt is completely unenforcable. They cannot take you to court for it. They would be required to produce a true copy of your CCA including prescribed terms etc in order to prove to the court that you owe that debt. Without that, no judge in the country would order you to repay it.

While this does not necessarily mean that you do not owe them still, it does mean they cannot commence litigation against you for it and so they cannot legally force you to repay it.

With this in mind, depending on the creditor, some of them believe there is no point persuing the debt and just wipe it, and some will fight tooth and nail to bully you into still paying for it. Despite however many threats they send you, they almost certainly would never chance court action as it would be suicidal.

I recommend you scan in a copy of the 'CCA' they sent you (removing your personal details), then get yourself registered over on the consumer action group forums. There are many experts over there more than willing to help people out with this exact issue.

viva1angel

Just Double Checked with my Mum, Yes, Cheque has been Cashed. unsure if it has been taken off of my balance though.

letter from Moorcroft Stated my Balance was £538.74 and Studio say £517.34 Which is £11 Difference....

I did state in my CCA letter that the Cheque was in NO WAY to be used as payment towards my account.

viva1angel

anarchist, the CCA they Sent me is said to be a Sample and not the True Copy which i had asked for.

Jesthar

viva1angel wrote: »

I did state in my CCA letter that the Cheque was in NO WAY to be used as payment towards my account.

That's why I asked; if they have taken it off the balance, they are being naughty!

I think you really need to sort out who is currently in charge of this account - Moorcroft or Studio. If Moorcroft, I think Studio should have returned your CCA request letter and your cheque and told you to deal with Moorcroft. If Studio, then all you have to do is wait until the 12+2 working days have passed, then send the the 12+2 letter it they haven't provided a copy of your true CCA.

~Jes

viva1angel

i think maybe Studio are going to say moorcroft are in Charge of handling... it says in letter that my account is Currently being Handled by Moorcroft....

So i will have to start at beggining with New CCA Request to Moorcroft? they usually Ignore all of my Letters Anyway.

or do i just keep on with Studio seeing as they have Replied to the CCA?

thanks for all of the Help

Jesthar

No worries!

Right, this might be overkill, but double check with Studio who exactly is handling this debt currently, then either CCA Moorcroft or wait until the 12+2 working day deadline has passed and 12+2 account in dispute letter Studio. Might not be the most elegant way of handling things if Moorcroft are handling, given one CCA request has gone in, but it should get the job done and it's not much longer to wait...

In the meantime, ignore any phonecalls you get!

~Jes

keza

sorry to butt in but just a bit of advice. u may be able to claim bk them charges. i claimed bk £500 worth for my mum from studio just recently as they are unfair and unlawful! use the credit card reclaim template. not sure if they will entertain it seeing as its with a debt recovery agency but mite be worth a go....? good luck!

Jesthar

keza wrote: »

sorry to butt in but just a bit of advice. u may be able to claim bk them charges. i claimed bk £500 worth for my mum from studio just recently as they are unfair and unlawful! use the credit card reclaim template. not sure if they will entertain it seeing as its with a debt recovery agency but mite be worth a go....? good luck!

Ah, fab - an expert! I did suggest this, but I've never had any charges to reclaim, so I'm glad someone has shown up who has!

~Jes

keza

Jesthar wrote: »

Ah, fab - an expert! I did suggest this, but I've never had any charges to reclaim, so I'm glad someone has shown up who has!

~Jes

Dont offer to pay the £10 fee for statements either. you literally write to them asking them to send you details of the charges. then you go in asking them to refund them.

if you want the templates i used (i changed a few bits from the credit card ones!) just pm me and i will email them to you