Argos Debt

[fed up with it]

Hi,

 

In December 2008, I received a red coloured Creditor's Notice from Capquest Debt Recovery on behalf of Argos advising that I needed to make payment of an outstanding balance of £99.38 within 7 daysl

 

It looked like a spoof letter so I phoned Argos thinking that maybe someone had used my card but it became apparent that the debt related to a £24.99 light fitting that my husband had purchased using his Argos Card (as 2nd card holder) and the remaining £74.39 was made up of late payment charges and interest.

 

I made immediate payment of the £24.99 but asked that they reconsider the charges as they had not sent me any statements and I was not aware of the debt. I definitely wrote to Argos in August 2007 to advise them of my change of address but they did not action this until I phoned them in December 2008. (I still have not received any statements). Argos do not respond to my letters or emails. Capquest contacted me a number of times but I told them on each occasion I was disputing the amount of the charges and wasn't prepared to make any further payment. As Argos had failed to action my change of address I believe that they are equally at fault for the debt.

 

Anyway, it seems that Capquest have given up and I am now receiving similar demands from Wescot. When I last spoke they said that they were authorised to accept a reduced sum of £55.

 

I would be very grateful for any advice as to how I should deal with this situation. Ideally I would like Argos to write off the interest/charges, but failing that how can I negotiate best deal?

 

Thanks in anticipation.

Edited August 23, 2009 by fed up with it
spelling mistake

[Alphageek]

Hi, welcome to CAG.

 

When did you open your Argos account?

 

Did you apply in store?

[cerberusalert]

As your Argos card is pre 2007 it is unlikely that they have an enforceable signed agreement, so it will be worthwhile sending a CCA request to Westcots http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter Do not sign the request, include a £1 postal order and send it recorded delivery. If indeed it is unenforceable or they can't provide one it will put you in a strong position to negotiate settlement. Unfortunately they have probably defaulted your credit file, so any payment agreement should include the proviso that they remove any default from your credit file.

[fed up with it]

Thank you very much for your responses.

 

I took the card out probably about 5 years ago. I think the application was completed in-store but cannot be certain.

 

I have been reading a number of threads and notice the repeated advice to send letters unsigned. Unfortunately, I have previously sent signed letters to Argos and Capquest, so I hope I haven't jeopardised my position?

 

I will send the CCA letter and await a response.

 

Thanks again.

[cerberusalert]

I took the card out probably about 5 years ago. I think the application was completed in-store but cannot be certain.

During that time the documents were usually kept in-store for some unknown reason & the majority have been destroyed.

 

I have been reading a number of threads and notice the repeated advice to send letters unsigned. Unfortunately, I have previously sent signed letters to Argos and Capquest, so I hope I haven't jeopardised my position?

I wouldn't worry unduly, it's suprising how much signatures change over 5 years.

[42man]

Interesting thing here is, that they probably owe you more than you owe them....if you took them to court over the excessive penalty charges then if the court awarded interest then a debt of £50 in (as an example) August 2007 would now be worth £58.29 !! I'd also check your credit files too !!

[fed up with it]

Thanks for the replies.

 

I have just checked my Credit File. All OK other than £74 Default for HOME RETAIL GRP CARD SERVICES (that must be Argos). It also confirms that the account was started 28.04.2001. Defaulted on 28.05.08 Special Instruction Indicator "Gone Away" Special Instruction Start Date 01.12.2008.

 

I guess I'll just wait for a response to my CCA request and then take it from there.

 

Thanks again.

[fed up with it]

Hi,

 

I sent CCA Request letter to Wescot Credit Services by Recorded Delivery on 26th August 2009. I have proof of delivery on 27th August 2009.

 

I haven't had any response.

 

Can anyone tell me what I should do next please?

 

Thanks very much.

[cerberusalert]

Send Wescott this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[fed up with it]

Many thanks

 

I am sending letter (by recorded delivery to be sure) on Monday.

 

Your guidance is much appreciated.

[fed up with it]

Hi again,

 

Well I sent the letter by Recorded Delivery on 26th September. No reply, but I have checked Experian Credit File and my balance has reduced from £74 to £73 on 11th October, so it would appear that the £1 Postal Order I sent with CCA request on 26th August has been paid against my account.

 

What should I do now?

 

Many thanks

[cerberusalert]

It's quite normal for them to credit peoples a/cs with the CCA fee. For the time being you don't have to do anything, the balls firmly in their court now. All you have to do is wait for their next move.

[fed up with it]

Thank you for your continued advice.

 

I have this morning received a "Final Notice" letter from Wescot as follows:

Issued by: Wescot Credit Services Ltd

On behalf of: Home Retail Group Ltd

Ref No's

 

Despite previous correspondence a balance still remains outstanding on the above account. Unless you make contact with us and agree replayment of £73.39 within the next 14 days the following action may be taken:

• Instruct a door step collector to visit your property to collect payment; or

  
  

• Issue Court action for payment of the outstanding balance plus all statutory legal expenses

  
  

If court action is taken your debt could increase:

 

Outstanding balance £73.39

Estimated court fees and costs £80.00

Payment due before 4th November 2009

As they have not responded to my request for a copy of the Credit Agreement I am assuming that they cannot enforce this. My main concern is the black mark against my credit rating and how to get this cleared.

 

Any advice would be much appreciated.

 

Regards

 

Sue

[cerberusalert]

Did you send the 'In Dispute' letter recorded delivery? If so just ignore them for now.

[fed up with it]

Yes, I sent CCA Request letter and then Account in Dispute letter both Recorded.

 

I will await their next move.

 

Many thanks

[fed up with it]

Hi,

 

I have received a number of communications over the past few weeks all of which I have ignored, but thought I should now seek guidance please as to whether I need to take any action.

 

Firstly, I received a letter from dlc (direct legal & collections just before christmas saying:

"We hereby give you notice that this debt has been assigned to Hilldesden Securities Ltd trading as direct legal & collections (dlc).

 

This means that Argos Card Services Ltd no longer own your account and your account is now owned by dlc. All future payments and contact must be made with us.

 

We will start reporting aainst your credit file within 30 days of you receiving this letter.

 

You must let us have your proposals for payment of the outstnading balance by calling 0844 3358498 or by returning the attached insertion today.

 

Failuire to respond to this letter may result in legal action."

 

Enclosed werea Payment Options form and a letter from Argos Card Services confirming that they had assigned the agreement to Hilldesden Securities Ltd.

 

In early January I received another letter form dlc:

"You have failed to respond to our previous letter and the balance remains unpaid.

 

Please telephone us immediately on 0844 3358498 to discuss your payment options which include;

1. A discounted lump sum in full and final settlement.

2. Monthly payments over an agreed term.

 

Failure to respond to this letter may result in legal action and additional costs may be added to your balance."

 

This morning I received a "Notice of Debt Recovery" It states that failure to make payment by 21 January 2010 may result in recovery via the following methods: Instructions to solicitors to commence legal action, or a debt collector to visit and collect the debt personally.

 

Am I right in thinking that the ball is still in Arogs Card Services court as I still have not had a response to my letter of 26th September when I sent £1 Postal Order (which they cashed) for copy of the Credit Agreement?

 

Any advice/guidance would be much appreciated.

 

Regards,

 

Sue

 

PS I have just checked my Experian Credit Report and the records relating to Home Retail Group Card Services (Argos Financial Services) have disappeared. Is this significant?

 

Thanks again. Sue

[fuzzybobble]

Hi Sue,

 

This thread may be of some use to you, as both myself and the NP are at the same stage with Argos and Hillsden (DLC). I've just sent my CCA request to them, and I know for sure that they can't produce anything, as Argos and 7 other DCA's have all failed and admitted in writing they don't have one.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/106494-argos-card-jb-debt.html

[IdaInFife]

send them this:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute