Help with no signed credit agreement with Studio

katrina00uk

I opened an account with Studio in 2005 and I now have a debt of £900 with them. I sent them a signed credit agreement request about 2 months ago and they just sent me a letter (that sounded like they were trying to worm their way out of it) but there was no signed credit agreement so I waited till the appropriate days had past then I stopped paying them and sent them a letter saying that they had not complied with my request and that I do not acknowledgethe debt. Well I have received a letter today from them saying that they have never said that they cannot produce a signed credit agreement. The letter goes on and on but I does say that "Regardless of whether we can locate our copy of the original signed credit agreement, there is no dispute or denial that the goods we supplied have been accepted, retained beyond the free approval period or that they were unfit for the purpose intended and therefore the debt of £900 in not void or unlawful." It also says that this is their final response and if I am dissatisfied that I have to refers my complant to the Financial Ombudsman.
Sorry to go on so long but I am really confused on what to do as I have already wrote of debts with Littlewoods and Additions through them not having a signed credit agreement but I did not have problems with them like I have with Studio.

Thank you for taking your time to read

Katrina00uk

fermi

Well, on some points they are correct. The debt is still legally owed.

However, what they fall short from admitting is that a court should not be entitled to make an enforcement order (CCJ etc) on it.

katrina00uk

Thanks for your reply. What do you think that I do then? Should I start paying them again or do I just continue not paying and ignore their letters for payment.

fermi

Up to you really?

If they were to come up with an agreement, then they might be able to successfully take you to court for it.

Did you sign one originally? Or do you know for a fact that you didn't?

Automatically stopping payments is not something I necessarily advise, even when a credit initially cannot supply an agreement.

katrina00uk

I know that I did not sign a credit agreement. Also I thought they lawfully had to send me the signed credit agreement when I sent them the request.

fermi

katrina00uk wrote: »

I know that I did not sign a credit agreement. Also I thought they lawfully had to send me the signed credit agreement when I sent them the request.

Well, if you didn't sign one, then they are going to have a hard time showing you did if they were daft enough to go to court.

There is no legal requirement to provide a signed agreement in a CCA request.

If an agreement did exist then they are allowed supply a "reconstituted" version.

However, if an agreement never existed, then they cannot pretend one did by supplying a reconstituted one. Nor can they pretend that the debt is enforceable through the courts.

If you think that they are trying to pretend either of those, then report them to the OFT.

winner12

You could use the lack of CCA to negotiate a payment you can afford its worth a try!

I_know_my_ABC_and_my_CMYK

I don't know your circumstances but if you are on benefits and you are finding it really hard to pay this debt off then you could send them a letter asking them if they will consider writing the debt off due to your circumstances. There are templates on National debt line website for this which you can download.

The other option is to ignore them and wait for them to send it to a DCA, if you don't reply and acknowledge the debt within approx 90 days they will sell it on to another and another etc. Eventually it will probably end up back at the original lender who will contact you just before the 6 year rule and one month is up. Then just ignore it.

Having said that morally debts should be paid.

katrina00uk

Flyboy152 wrote: »

Pay your debts, perhaps?

While I sympathise with the many people, who unexpectedly find themselves unable to pay debts they owe and when in good faith they work something out with their lenders and as long as both parties behave themselves. But, to deliberately go though the charade of ordering something, then try wriggling out of paying for it, kind of sticks in the throat a bit.

I did not take out the account with Studio to not intentionally pay it as I have been paying them for years it is just that I took out alot of debt (stupidly) when I was younger only to stuggle paying it now

winner12

Must have missed your bit about cccs

katrina00uk

winner12 wrote: »

Must have missed your bit about cccs

No sorry you never missed it as I never put it in the intial question as it took me ages to write as it was lol.