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Argos CCA received??


johno23
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This might interest you: http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf

 

Section 11 states that defaults shouldnt be issued before 3 months of missed payments.

 

Egg defaulted my two accounts after one missed payment (previously unblemished repayment history), terminated a month later and passed them on to DLC. Do these guidelines have any teeth, though?

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Egg defaulted my two accounts after one missed payment (previously unblemished repayment history), terminated a month later and passed them on to DLC. Do these guidelines have any teeth, though?

 

My thinking was that being as these are the ICOs guidelines a breach of them would mean that any complaint you make to the ICO would be upheld, unless the creditor can show very good reason for defaulting you early.

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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  • 1 month later...

Ok

 

Account has now a default placed on my file with the CRA.

 

the account has not been terminated as yet and I receive no calls or correspondence from them for many months now.

 

The only letters i receive are replys to my letters.

 

Outstanding are still the t&C from when the account was opened and they refused to highlight on an application form they perceive to by a enforceablke agreement where the prescribed terms are in that document.

 

They just reply that under cancellation of documents they are able to leave certain information out of the agreement.

 

 

Thanks

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  • 2 weeks later...

I've been going through this rubbish with argos for 3 years now! Just an application form, they never even sent me a default notice! I got a list of all correspondence etc in my subject access request and there are no letters, defaults anything listed anywhere near the default date. I keep asking them to highlight when the notice was issued and they ignore me again.

 

After no response to my last letter well over a year ago, I suddenly got a letter today from a new DCA (about the 10th since the hoopla began). Well the standard letter is going back, the account is in dispute and Argos are in default. I have not bothered over the last year but I've had enough and am going to be complaining about Argos to the OFT. This is nothing more than harrassment.

 

The thing is all I was trying to do was buy a little breathing time with them in the first place, but after the way they treated me they won't be getting a penny.

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Don`t worry about it mate.

 

Like you say, your not paying them while they are in default, so let them waste their sad, miserable little lives away with their stupid letter`s.

 

The OFT probably won`t be bothered with you to be honest. Your just a little tadpole in an huge ocean.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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  • 4 months later...

hi all

 

Just an update, I have heard nothing since I sent Fredrick International a letter informing them that the account was in dispute with Argos.

 

That was in NOV 09, so all gone very quiet.

 

Johno

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Hi johno23,

 

Glad your enjoying the peace and quiet for the time being.

 

No doubt you WILL here something from someone though.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Cheers for reply NP.

 

Just been reading your thread to see who I would get next.

 

I did speak too soon with my last post as a few days later I got a letter off JB Debt recovery.

 

Just sent a letter off stating still in dispute and have informed the following 5 previous DCA's already.

 

Johno

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  • 2 weeks later...

Hi All

 

I sent Argos a request to stop processing or disclosing personal data and today i got a reply.

 

they have basically said that they are still goin to process my data.

 

I was led to believe they had to show evidence on how they still have the right to do this.

 

The only thing i have received is an application form in post 5.

 

I do not believe that this gives Argos the right to process my data.

 

Any one any advice on how i may be able to tackle this

 

Thanks

 

Johno

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Have a read through http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html but be warned if you decide to take the legal route they will be able to produce a reconstructed version of a CCA and it is likely to be accepted by the court.

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  • 1 month later...

Hi All I have sent the letter below to Argos to try and get the default removed from my credit file.

And today I have received the following reply.

 

I am rather baffled as the account has been terminated and a default registered.

 

They say that they do not need to retain a copy of the default notice, I have never received a NOA and they do not even mention the termination notice.

 

Many Thanks for all your help in advance!!!

 

Please can someone have a look at it and advise me on my next move.

 

Letter I sent

 

After recently obtaining a copy of my credit file from Experian, Equifax & Callcredit I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I do not have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1) (for running accounts). Your obligation also extends to providing a statement of account, terms & conditions at the time the account was opened and present. I enclose a £1 postal order in payment of the statutory fee.

Please note the postal order enclosed is only to be used for this purpose and not a payment to the above account.

2. You must supply me with a signed true and certified copy of the original default notice

3. Termination notice.

4. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Letter received from Argos

 

img049.jpg

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Anyone know how i can proceed as Argos cannot produce the default notice or termination notice

 

I really want to push them to remove the Default from my credit file

many thanks

Johno

Edited by johno23
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