Argos Card Services, invalid CCA

[lihi]

Hi everyone

 

I have a previous thread on Argos but it's got lost within Halifax, to give you history account was opened in store around September 2003, got into financially difficulty and entered into dmp in March 2005. I cca'd them in September, they responded immediately with a signed agreement that when inspected by my previous colleagues in trading standards it turns out it doesn't have all the prescribed terms (apr and trading standards info). Argos confirmed their final response so I forwarded onto FOS who advised that the only took on consumer complaints dated after 1 April 2007 so asked if they could forward onto the FLA who I have found to be pretty useless. They wrote to Argos with details of my complaint who told them exactly what they'd told me (they'll offer me a £60 discount of £1300 balance against my offer of £250 as f&f).

 

FLA will only act as consiliators or whatever it was, this isn't what I need as I tried this myself and failed.

 

Anyone have any ideas on what my next available step is or could be, all advice / shared experiences welcome.

 

Thanks

[Guest Old_andrew2018]

Hi why not upload the agreement, remove personal info I am sure you will soon get advice,

 

Regards

 

Andy

[lihi]

thank Andrew

 

Attached is the CCA for reference, I know that it is unenforceable just want to know what course of action to take next as FOS won't touch it, FLA are useless, want to know what my next course of action is to get these lot to accept my 25% f&f and disappear into the sunset.

 

Happy easter

Argos CCA[1].pdf

[lihi]

Is taking court action under section 142 or 143 (can't remember which one it is) an option on this debt as they will not acknowledge any points or statements made just respond offering me £60 off.

[N.P]

Hi lihi,

 

Just thought I`d have a look in on this as you visited my Argos thread.

 

What exactly are you trying to achieve with these fools?

 

If the agreement is unenforceable then just let them fester. By the look of it, it isn`t even a copy of an original, more like a copy of a microfiche which still wouldn`t stand up in Court as they`d need the original signed document with the correct terms on.

 

I personnaly would just let them get on with whatever they`re doing, and would only repond to their letters that warrant a reply.

 

What are you hoping to achieve by taking Court action? Court action for what?

 

Do you have any charges on this account? I bet you have. Have you SAR them to check this out. If your charges mount up to less than the balance, then don`t chase them up.

 

Regards

 

 

N.P

[lihi]

Hey thanks for stopping by.

 

I'm after closure, I won't be able to rest if I ignore it or leave it alone, it will be at the back of my head bothering me until I know it's confirmed as over, hence the offer to them for a % to get lost. I want to emmigrate in the next few years and I want to be able to go with a clean slate knowing that I've closed everything down. Also they haven't defaulted the account so I'm hoping to resolve it before they do as it's been over 3 years since my last default entry and if they don't default it will sit on my credit file forever (so say experian).

 

My balance is £1300 and just over £800 is charges and interest (sheriff of nottingham springs to mind). I've got the SAR and CCA, until a couple of weeks ago I worked on the same floor as trading standards and they've looked over the agreement and said unenforceable and I sent it to Kent TS for a second opinion and they said the same thing. All I want is for them to accept my 25% offer and get lost.

 

PT helped me with my halifax loan with the dual calc, I don't understand how it works so need to make the time.

[N.P]

Hi again,

 

I`m not sure why you haven`t been defaulted for this one, if you had trouble paying and then started up with a DMP.

 

When I ran into trouble they just sent the account to Morecroft who from their first letter immediately went on the offensive, so I went on the defensive.

 

I`m not sure if I have been defaulted to be honest, I haven`t had anything in writing to say so and I haven`t checked my Credit Reference.

 

Have you checked yours? If you`ve ran into trouble paying they might have issued you one without telling you about it.

 

Think I might just SAR the CRA`s to find out whats going on.

 

Regards

 

 

N.P

[lihi]

Hey

 

I've got no idea why they haven't defaulted me either, I have ordered a copy of my report every 2-3 months since September, the last one is about 8 weeks old so if they've done it it's very recent and they've not told me. I went into my DMP in March 2005 and sacked them in September after I found CAG, Argos were really flexible letting me pay anything I could 'afford' from 17 up to 35 freezing the interest, it was only after I lost my rag from being verbally abused by littlewoods and haliprats that I found this site and CCA'd all my creditors. Even now they've stopped ringing my house phone because I've asked them to, not what I expected but I'm sure it's a matter of time before they set the leaches free.

 

I've told FLA that if Argos don't accept my offer of 25% they'll have to take me to court because I'm fed up of having to repeat myself every couple of weeks in a letter. I've got to speak to trading standards anyway on Tuesday and will run this by them to see what their thoughts are on my next step.

[pt2537]

Hi Lindsay,

 

S142 Consumer Credit Act 1974 is an option to have your rights determined by the court, the court cant enforce the agreement if its missing the prescribed terms

 

so its an option,

[N.P]

Hi Lindsay,

 

S142 Consumer Credit Act 1974 is an option to have your rights determined by the court, the court cant enforce the agreement if its missing the prescribed terms

 

so its an option,

 

 

Hi Paul,

 

I don`t mean to sound numb, but what do you mean S142 is an option to have your rights determined by the Court? What right are you refering to?

 

Regards

 

 

N.P

[pt2537]

Hi N.P

 

section 142 gives you the debtor the right to take the creditor to court to have your rights determined by the court, in effect you are asking the court to make a declaration that the agreement is improperly executed and unenforceable which releases you from the contract.

 

however you do need balls of steel to do this

[lihi]

I'm going to pretend I know something, section 142 is when you issue a claim against them for the court to review the validity of the agreement and for them to stamp it null and void rather than waiting for the company to take you to court.

 

That's the simple version as I know it, if my memory serves me even better on PT's littlewoods thread are his POC's for a claim under section 142 if you fancy a nose.

 

Did I get that right PT?

[lihi]

Hi N.P

 

section 142 gives you the debtor the right to take the creditor to court to have your rights determined by the court, in effect you are asking the court to make a declaration that the agreement is improperly executed and unenforceable which releases you from the contract.

 

however you do need balls of steel to do this

 

Damn it you beat me

[N.P]

Hi folks,

 

Thanks for clearing that up, I was just wondering what it meant.

 

You`d need balls of Tungsten Carbide AND a blummin` nerve, LOL

 

 

N.P

[pt2537]

yep but fortunately i have both;)

[lihi]

Out of interest Paul what are your reasons that making a claim under 142 is tougher than waiting for court action to be started against an individual? Did you ever have get as far as issuing yours against littlewoods or did they run for cover?

 

I want to make sure I fully understand the repercussions of any decision I make.

[lihi]

Updated credit report came through the post, Argos still haven't defaulted me.

[fuzzybobble]

I didn't even get a bad copy of an application from from Argos.

I sent them a CCA request in Jaunary 08 and also hit

Moorcroft with one a week later

Heard nothing whatsoever from either of them to this day.

 

I don't think they love me anymore.

[lihi]

Hi People

 

Just and update and request for advice.

 

Came in early from a meeting, checked the house phone and there's a missed call from Argos at lunchtime today. Last correspondence I sent was to FLA saying they either accept my 25% offer or take me to court, to which I received no further response (which is fair enough as I did say that if it wasn't my way then I'd ignore).

 

I really want to get this wrapped up and gone, I don't want them dishing me out a default notice. In the next 5 years I want to immigrate and in the short term I want to buy but I can't do it with this hanging over my head.

 

Any advice, is an order under 142 my only option to resolve to my timelines?

 

Thanks

[lihi]

Got a default notification through the post on Friday, says if I pay £159 in the next 14 days it will prevent the default notice being registered and my account being forwarded to debt collection agencies. I'm gutted as my last default is 3 years old but I'm sticking to my guns, I've coped well with a pants credit reference for the last 3 years so I'm sure I'll cope for the foreseeable future.

 

Oh well, let the games commence!!

[N.P]

Hi lihi,

 

Can you honestly say your are bothered?

 

I once had an excellent Credit Rating, but this last year or so it has just suddenly been wiped out. I`m past caring now, and as such will just challenge everything that comes my way.

 

The only thing I`m bothered about, is that I`d like to get a small loan to buy a car as I passed my test a few months ago. My dad says he`s going to get me on his insurance to drive his car, but I`m still waiting so I`m not holding my breath there.

 

Regards

 

 

N.P

[lihi]

Not bothered enough to pay it, but bothered enough to have let out some choice words when I read the letter, maybe the debt agency will accept my 25% offer and sod off.

[lihi]

Today I received my first letter of Argos' first choice of debt recovery agents 'Experto Credite'. I would hazard a guess that these are part of Argo, they use the same envelopes and have the same style franking mark just like Argos. As soon as I opened my post box and saw the envelope and post mark I knew it was them its so obvious they're from the same firm.

 

I've put a letter together which sets out my defence and very politely sets out accept 25% or take me to court.

 

We'll see what happens.

[N.P]

Hi,

 

How you doing?

 

I`ve never heard of them myself, and there are quite a few different DCA`s kicking about on CAG.

 

It may well be Argos masquerading as a bunch of hard arses.

 

watching with interest

 

 

N.P

[drob]

Today I received my first letter of Argos' first choice of debt recovery agents 'Experto Credite'. I would hazard a guess that these are part of Argo, they use the same envelopes and have the same style franking mark just like Argos. As soon as I opened my post box and saw the envelope and post mark I knew it was them its so obvious they're from the same firm.

 

I've put a letter together which sets out my defence and very politely sets out accept 25% or take me to court.

 

We'll see what happens.

 

I don't think that Experto Credite are part of Argos....... have a look at the following link

 

Experto Credite - Specialists in Receivables Management