jellybabevs Argos Store Card

[jellybabe]

Hiya,

i have sent for my CCA on the 02/04/09 and it has been received and signed for by argos on the 03/04.

Today i have received a Default Notice of Argos. They are giving me 14 days from receipt of Notice to pay the arrears. No way can i do this!

 

Is there anything i can send them as a reply, as i am currently still waiting for my CCA.

Thanks,

jellybabe

[Thailand]

Hiya,

i have sent for my CCA on the 02/04/09 and it has been received and signed for by argos on the 03/04.

Today i have received a Default Notice of Argos. They are giving me 14 days from receipt of Notice to pay the arrears. No way can i do this!

 

Is there anything i can send them as a reply, as i am currently still waiting for my CCA.

Thanks,

jellybabe

 

This letter will put the account in dispute, and thus you are entitled to make no payments until it is resolved, send when the 12+2 are up as they still have time to comply.

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

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

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[jellybabe]

Thanks for your reply Thailand,

will put the account into dispuite as soon as their time is up. Just wondered if there is anything in the meantime i could do to prevent this default. Mind ya, sayingthat, they will probably still register one. Thats what they all do apparently

One more question. I keep getting confused about it. Do i start counting from the day they had signed for the letter, or the day after?

 

thanks,

jellybabe

[Thailand]

Not entirely sure, but the 12+2 is for postage so 14 days from the day you sent it. They probably will register the default....you could fight to get it removed at a later date, but it's not that easy I don't think.

 

I wouldn't worry about the time frame, it doesn't mean that much (it should!) but certainly on 16/04/2008, or thereabouts (no idea when Easter is), you legally do not have to pay if they haven't complied as the 'debt' is disputed. Swings and roundabouts for me, it's not an offence anymore not to comply within the then 12+2+30. If they issued a court claim they could just turn up with one, but more likely they will supply it to you if they have in the hope you pay.

 

Let's see what they send. Have no idea about what Argos are likely/not likely to send.

 

You deffo did the right thing by sending it!

 

Have you looked into charges on the account? (if any)

[jellybabe]

thanks again,

(no idea when Easter is)

it's this week. Do i have to give them extra days for that???

 

Have you looked into charges on the account? (if any)

 

Yes, started that last year and lost hope.The charges make about half the account balance i think. Maybe a bit more now.

not sure if to go for charges now and then just pay the rest normally, or to carry on down cca route.

We had my husbands agreement sent last year and it was just the application form that all the other people on here received. We never challenged it and are still paying on that one.

I know...stupid!

I am so scared about my whole situation. They all got me in a corner and there is no way to turn.

But at least i got grattan off my back and studio is still passing around.

thanks again,

jellybabe

[Thailand]

thanks again,

 

it's this week. Do i have to give them extra days for that???

 

 

 

Yes, started that last year and lost hope.The charges make about half the account balance i think. Maybe a bit more now.

not sure if to go for charges now and then just pay the rest normally, or to carry on down cca route.

We had my husbands agreement sent last year and it was just the application form that all the other people on here received. We never challenged it and are still paying on that one.

I know...stupid!

I am so scared about my whole situation. They all got me in a corner and there is no way to turn.

But at least i got grattan off my back and studio is still passing around.

thanks again,

jellybabe

 

Firstly, I forgot that the intial CCA request already tells them that the account will go into dispute...so that's done.

 

I would give them time for Easter, maybe not necessary, but I can't see it making much difference anyway. At the very least you'd still be within the time of their supposed default (which would be wrongfully added whilst in dispute....won't stop them, but good ammo should you want to fight it down the line methinks)

 

It all depends on how you want to play it (I'm not judging, but it's your decision) If they send out a bad CCA then apart from a bad judge, it's unenforceable in court and you'd just have to ignore any mail from them except any potential small claim (in which you'd need to form your defence around it and hope you got a good judge [just being honest here about what could happen])

 

In any case I'd be sending a SAR, with the £10 fee to find out what they have taken, exactly (Not needed if you have evidence of every unlawful charge)

 

Don't give up on the charges, it's half your claim +...and any stat interest awarded would dig into the rest. If you dared with contractual interest (what they charge you!) you could probably wipe it, but I don't understand that.

 

Up to you, but the SAR is here:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

 

If not needed straight in with prelim giving first 14 days notice of intended litigation (you likely would never see inside a judges chambers!)

 

I wouldn't be paying like your OH. It's be one or the other and nothing in between....they are winning on that!

 

Don't be scared, help is at hand.

[Alphageek]

Hi, there is a nice PT special that I used here:

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/123559-yb-threatening-default-cc.html#post1282595

[jellybabe]

Thanks to both of you.xx

Will get all my statements out from last year that i had requested at that time, and try to find all my newer ones to find out exactly how much in charges they have taken. Might be worth going down the charges route. But will still wait what they send for the CCA.

[Thailand]

Thanks Alpha, but only send that if they send an application form (bet it's likely) Otherwise it's not relevant right now without a thorough edit.

[jellybabe]

Not received anything yet. But haven't had th epost from today yet.

I gave them 2 days extra for easter time, which means tomorrow is the last day.

[jellybabe]

will get my next letter ready tobe sent tomorrow morning.

Haven't received anything from Argos regarding my CCA

[jellybabe]

letter of dispute sent yesterday.delivered and signed for today.

[jellybabe]

I wouldn't be paying like your OH. It's be one or the other and nothing in between....they are winning on that!

i think he decided to carry on paying last year because he wanted to avoid a default notice, which they obviously still register when accounts are in dispute.

My Credit file however is ruined already. I didn't have any defaults yet, but loads of late markers. So i don't think it can get much worse.

The good thing on my hubbys card is though, the whole balance is made up of charges now, and i am currently in the process of collating all the things i need to reclaim those charges for him.

Haven't done it for a long while, and am quite nervous about it.

Edited April 21, 2009 by jellybabe
added stuff

[jellybabe]

not heard anything from argos yet. still have to look through all my paperwork, i'm sure i got all the statement somewhere. But for now i am happy that they leave me alone for a bit

[jellybabe]

Have today received the same information they sent me last June. They also acknoledged that this is the same they had sent me.

Just some print outs and some NEW T&C's.

Nowhere are my details or anything else relating to my account.

I'm quite miffed that i haven't even received an application form

Surely those printouts can't be a valid CCA to my account??

Any advice on what i can send back to them would be very much appreciated.

Thanks,

jellybabe

i know they are too small to read, but like i said thats all i received.No signature, no accoutn details...nothing.

Just a covering letter that they had already sent this to me last Year, and how much i apparently owe and when payment is due.

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances.**

[jellybabe]

Thanks for dropping by Cerberus,

 

That is a great letter.Thanks for that. Will get it ready to be send in the morning.

Lets see what they come back with.

 

Thanks once again,

jellybabe

[jellybabe]

Was just going to the post office to finaly send teh above letter to argos, when the todays post came.

And guess what...Argos has passed the account on to Moorcroft!

I sthat right that i should send the "bemused" letter to Moorcroft now? And still send the above letter to argos?

[jellybabe]

Both letters sent first class recorded this afternoon.

Let's see what happens next

[jellybabe]

Letter to Moorcroft delivered and signed for on the 6th May.

Letter to Argos only shows as accepted at the Co-op on royal mail website.

[jellybabe]

me again....i was thinking of offering Argos a F&F to get rid of this completely.

Could anyone advise please on how i propose this to them? I know there should be a template letter somewhere, will have a look later. What should be my starting offer?? I think i owe them just about 900ish (that is with the charges they put on)

Thanks,

jellybabe

Edited May 20, 2009 by jellybabe

[jellybabe]

Have today received yet another set of the above papers.

Leaflet...small print.terms and conditions of Argos card.

Another set of printouts Terms and conditions as shown in earlier post.

The printouts have the date 09/05/06 printed on top, deff not the date when account was opened.

Covering letter:

 

Not sure what else to do now.

[jellybabe]

Little update....Acct had been passed on to BCW Group.

Dispute letter sent in Dec 2009 and had a Final Response today.

Saying:

My above referenced letter was the first they were aware that a CCA request remained outstanding.This was referred back to Argos an dthe matter placed on hold.Argos was unable to furnish BCW Group with the necessary documentation at that time and the file was duly closed and returned to Argos.No further correspondence will be issued by BCW in relation to this matter.

 

I suppose thats them out the way...let's see who comes next.