Consumer Rights

[DPTM]

Thank you very much and this is super stressful but your advice have been invaluable and helpful. Thank you Thank you Thank you. And it is forum like this and people like yourself that keep those scammers who prey on vulnerable young adults away. You are all super heroes! Thanks again.

[DPTM]

Thank you very much and this is really helpful. You are all super heroes! Thank you thank you thank you.

[DPTM]

Thank you very much and your help has been invaluable and super helpful. You are all super heroes! It is forum like this and people like you that we keep faith there are lots of decent and good people about with kindness and compassion. Thanks again and how do I keep all these information? And update threats etc...I am not as clue up due to being an old person...

[DPTM]

Hi there,

Following my initial post at on 4th October, AJJB emailed back with an attachment of a copy of the contract.

Previous to this email, we received a 'Letter Before Claim' on 24th September, some of the content include:

"This is a Letter of Claim sent to yo in accordance with the Pre-Action Protocol for Debt Claims. It is important that you read and understand the contents of this letter and its attachments. We are instructed by our client Thomas Street Studios, in relation to the above outstanding debt. If you do not provide payment proposals to repay this debt, or respond as detailed below, legal proceedings may be commenced against you in the County Court without further notice.

If such proceedings are commenced, further costs and interest, may be added to the debt. This will increase the outstanding amount set out above. These proceedings may lead to a County Court Judgment being entered against you unless the debt is settled. This will be registered at the Credit Reference Agencies and is therefore likely to affect your credit status and the ability to obtain credit in the future."

We responded on 7th October with a completed the 'Reply Form' disputing the debt and challenging the terms in the contract being unfair. We included a letter referencing Consumer Rights Act, Consumer Contracts Regulation 1999, Part 2 of The Consumer Rights Act 2015 and The Consumer Credit Act and explaining our reasons in details. We are disputing the the debt and defending his right saying he was manipulating into signing the agreement under undue influence and gave all the reasons the contract is not enforceable against him. We also requested additional documents and information.

They responded on 28th October by email below with an attachment:

"Good Afternoon xxxxxx xxxxxx,

Please see copy of signed contract as requested.

Please note our client does not have a breakdown of the package cost for individual items."

They did not respond to our letter and just emailed us with the above and an attachment. The attachment consists of a copy of the contract without my son's signature. All the signature areas are blank and the date is dated 28th October 2024 which implied they could be typed up on 28th.

This attachment also included the 'Creditor Checklist' and a whole list of 'Verbally advise the consumer...' and was signed by their employee dated today. There are many 'Signed by consumer' and they are all dated today and the signature area are blank. All this happened in December 2023 and my son did not go back let alone signed anything dated 28th October 2024. On the top it has red letter saying, 'CUSTOMER COPY: TS Studio has retained the Original signed form.' but the date on this attachment dated 28/10/24. All signature area are blank, we requested a signed copy which they did not provide.

First off, we will respond by email saying we are defending our rights as the contract is unfair therefore it is not enforceable. We wanted to see a signed copy which they did not provide. They cannot explain how they came up with the amount on the Letter Before Claim which is different from the alleged amount on the contract. Dates on these contract are dated 28th October and my son went in December 2023. In the Letter Before Claim, the last paragraph said: 'You have 30 days to respond to this letter. If no response is received legal proceedings will be commenced against you without further notice.' Do we have another 30 days from 7th October and then 30 days from 28th October when they responded? Do they have to honour this before they can do anything? What happens now? What options do we have? Please advise. Many thanks.

[echat11]

Following my initial post at on 4th October, AJJB emailed back with an attachment of a copy of the contract.

a) Previous to this email, we received a 'Letter Before Claim' on 24th September, some of the content include:

"This is a Letter of Claim sent to yo in accordance with the Pre-Action Protocol for Debt Claims. It is important that you read and understand the contents of this letter and its attachments. We are instructed by our client Thomas Street Studios, in relation to the above outstanding debt. If you do not provide payment proposals to repay this debt, or respond as detailed below, legal proceedings may be commenced against you in the County Court without further notice.

If such proceedings are commenced, further costs and interest, may be added to the debt. This will increase the outstanding amount set out above. These proceedings may lead to a County Court Judgment being entered against you unless the debt is settled. This will be registered at the Credit Reference Agencies and is therefore likely to affect your credit status and the ability to obtain credit in the future."

It's a standard pre action protocol letter.

b) Do we have another 30 days from 7th October and then 30 days from 28th October when they responded?

It's 30 days from the 24th September, but you responded on the 7th October. They've provided their 'cobbled together' their documents on the 28th October. So it's a case of responding as soon as possible. You could email them stating that you will respond to the documents they provided within the next 14 days.

Do they have to honour this before they can do anything?

They've sent a Letter Before Action so yes, but they would be 'foolish' to start proceedings.

What happens now? What options do we have? Please advise.

Are you going to respond to the documents they provided or wait to see if they lodge a claim with the Courts?

What they've sent sounds like 'nonsense'.

'The attachment consists of a copy of the contract without my son's signature. All the signature areas are blank and the date is dated 28th October 2024 which implied they could be typed up on 28th.

This attachment also included the 'Creditor Checklist' and a whole list of 'Verbally advise the consumer...' and was signed by their employee dated today. There are many 'Signed by consumer' and they are all dated today and the signature area are blank. All this happened in December 2023 and my son did not go back let alone signed anything dated 28th October 2024. On the top it has red letter saying, 'CUSTOMER COPY: TS Studio has retained the Original signed form.' but the date on this attachment dated 28/10/24. All signature area are blank, we requested a signed copy which they did not provide.'

O.K. say your son left the Studio, they had any legitimate costs, they can't give you a 'breakdown' of those costs, they have said that in their email. The CMA / consumer law is helpful in this regard -

https://www.gov.uk/government/public...ds-or-services

[DPTM]

Hi there,

Following my initial post at on 4th October, AJJB emailed back with an attachment of a copy of the contract.

Previous to this email, we received a 'Letter Before Claim' on 24th September, some of the content include:

"This is a Letter of Claim sent to yo in accordance with the Pre-Action Protocol for Debt Claims. It is important that you read and understand the contents of this letter and its attachments. We are instructed by our client Thomas Street Studios, in relation to the above outstanding debt. If you do not provide payment proposals to repay this debt, or respond as detailed below, legal proceedings may be commenced against you in the County Court without further notice.

If such proceedings are commenced, further costs and interest, may be added to the debt. This will increase the outstanding amount set out above. These proceedings may lead to a County Court Judgment being entered against you unless the debt is settled. This will be registered at the Credit Reference Agencies and is therefore likely to affect your credit status and the ability to obtain credit in the future."

We responded on 7th October with a completed the 'Reply Form' disputing the debt and challenging the terms in the contract being unfair. We included a letter referencing Consumer Rights Act, Consumer Contracts Regulation 1999, Part 2 of The Consumer Rights Act 2015 and The Consumer Credit Act and explaining our reasons in details. We are disputing the the debt and defending his right saying he was manipulating into signing the agreement under undue influence and gave all the reasons the contract is not enforceable against him. We also requested additional documents and information.

They responded on 28th October by email below with an attachment:

"Good Afternoon xxxxxx xxxxxx,

Please see copy of signed contract as requested.

Please note our client does not have a breakdown of the package cost for individual items."

They did not respond to our letter and just emailed us with the above and an attachment. The attachment consists of a copy of the contract without my son's signature. All the signature areas are blank and the date is dated 28th October 2024 which implied they could be typed up on 28th.

This attachment also included the 'Creditor Checklist' and a whole list of 'Verbally advise the consumer...' and was signed by their employee dated today. There are many 'Signed by consumer' and they are all dated today and the signature area are blank. All this happened in December 2023 and my son did not go back let alone signed anything dated 28th October 2024. On the top it has red letter saying, 'CUSTOMER COPY: TS Studio has retained the Original signed form.' but the date on this attachment dated 28/10/24. All signature area are blank, we requested a signed copy which they did not provide.

First off, we will respond by email saying we are defending our rights as the contract is unfair therefore it is not enforceable. We wanted to see a signed copy which they did not provide. They cannot explain how they came up with the amount on the Letter Before Claim which is different from the alleged amount on the contract. Dates on these contract are dated 28th October and my son went in December 2023. In the Letter Before Claim, the last paragraph said: 'You have 30 days to respond to this letter. If no response is received legal proceedings will be commenced against you without further notice.' Do we have another 30 days from 7th October and then 30 days from 28th October when they responded? Do they have to honour this before they can do anything? What happens now? What options do we have? Please advise. Many thanks.

[DPTM]

Hi there, thank you for your reply and very much appreciated. We will respond to their email demanding all the document and ask them to respond within 14 days. In the meantime, what else can we do?

[echat11]

Hi there, thank you for your reply and very much appreciated. We will respond to their email demanding all the document and ask them to respond within 14 days. In the meantime, what else can we do?

You could contact CAB / Trading Standards, no doubt they have had previous complaints.
When you write to the Studio, you could write the reference number CAB give you on the letter you intend on sending the Studio.

As follows: CAB / Trading Standards - Ref: XXXXXXXXXXX.