need some advice .... argos/cabot please

[prpro760]

hi,

 

i have been in trouble with cabot for quite few month. we al;so had a number of mail theft which was reported to the police/anyway i received a number of letter demanding immediate payment for an argos credit card which i didn't have, i told them that i never had an argos card and will not pay for something which i did not owed. of course , that wasn't enough for them to stop so i send a CCA request , and behold after 30+12 days i received what look like a n apllication form wit a signature which is not mine by the way

http://i216.photobucket.com/albums/cc227/fatou215/prpro760argosapplication.jpg

 

and this notice of assignment which of course i never received nor there is any date on it which make me more suspicious

http://i216.photobucket.com/albums/cc227/fatou215/prpro760argosassignment.jpg

 

they constantly sent an demand odf payment that i report them to the OFT asnd the financial ombudsman last thursday. today ireceive an other copy of their agreement which is an application form and the same notice of assignment. they sent me also a refund of one pounds as they do not recognise the fee and the CCA request.

 

but what really bug me is the response from cabot, they are sasying that they ar enot aware of us contacting them saying we do not acknowldege the account well a CCA request usually mean that that we do not acknowldege it d'ohh!! secondly they are mentioning that the fact therre is a signature which doesn't look like mine " we note that you have signed below the phrases this is an agreement regulated by the CCA 1974. SUgn only if you wan t to be legally bound by its terms. as you have sined it iti s sufficent for us and sastify all obligations to both parties (* well where are the rpescribed term ??) .

 

so caboit ignoring the fact that the adress on each statment is not mine and was not living at it. secondly that soemeoenelse forged my signature that thi saccount was reported to the police they don't care and think they are above the law..... sorry for the rant but i am getting fed up with them ... i forgot to mention that on my credit report there is no mention that i apply nor had any debt wioth argos / cabot notinh that was a report from experian.

 

so what should i do now ? anyone has any idea ? thank you.

[Curlyben]

I would send them a letter back say that as this matter is now in the hands of the police you cannot comment further.

Quote the crime number and let them worry about it.

[prpro760]

already done so this is why make me laugh when they are saying that they are not aware of this !! even though tall letter sent to them was recorded and they nknow already by letter that the matter is being dealt by the police.. but there point is as follow that there is a signature so it is not fraudulent after they own investigation as they purchase this account in or around 2006 ( no precoe date) , however in their previous post i had from them they bought it apparently in 2002 so i get conflicting information from them. but they are not giving up .... they are pass caringabou t the crime reference and the FOS ...

[Curlyben]

Well in that case I would go for a nice simple letter.

 

Formal Complaint

Dear Idiots,

 

Thank you for your letter of xx/xx/xx, the contents of which are noted.

 

May I draw you attention to my letter of xx/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

As I have stated this matter is being dealt with by the **County** Police under crime number xxxxxxxxxxxx and as such is out of my hands.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[prpro760]

thank you for your help i hope this idiots will take notice of it .... well i can hope for it lol ....

[Curlyben]

Well if they don't take any notice of that one then report them to Trading Standards and FOS.

[prpro760]

this is my next step but before i will wait their reply to this letter . i already reported them to the FOS but they completely ignore it so now i have to wait 8 wekks in order to take it further with them. sometime si wonder if it jsut me or they just are a bunch of moron thinking they are above the law?

[Curlyben]

Problem is the FOS expect you to of exhausted the companies internal complaints procedure first.

[prpro760]

exactly this is what the guy explained to me on the phone but dealing with cabot it is not easy ..... they don't seem to recognize a complaint when they have one i haven't received any leaflet on how to complaint within their company ( ie: their procedure) anyway thank you i will you posted wehn i i will have their answer.. hopefully that will be the end of it .... .

[prpro760]

sorry just out of curiosity is this document an enforceable CCA or not ? i ma not too sure by what i read previously it seems to be quite complex ... lol

[pt2537]

Nope, for the following reasons

 

Firstly its an application and falls foul of S59(1) CCA 1974

 

Secondly and most importantly it doesnot contain hteprescribed terms which render it totally utterly completely unenforcable

 

Regards

paul

[Curlyben]

FYI

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html