Mrs M v Argos

[MandM]

My son has had this card for about 8 years had a problem last year with his bank and they did not pay his direct debit. He thought argos would just reaply for it but instead they cancelled the direct debit facility when he called them they said he was in default of his payment and told him he would have to pay with his debit card and also have to pay the charges. He argued with them and told them he could not afford the 2 months payment and the charges they were asking. He stopped paying them and we were about to write and come to an arrangement with them when He suddenly got a letter from the dreaded EXPERTO saying Argos were their clients blah blah blah. Obviously having dealings with them on other matters on this forum I thought something might be

amiss. I am putting up the agreement sent from argos could some one have a look and give me some advice.

 

 

 

Mrs M

[pumpytums]

Hi Mrs M,

out of interest does the account charge interest? If so I see no mention of APR, no mention of charges etc. The form as far as I can see makes no mention to any terms and conditions.

 

so to sum up :-

 

Signatures yes

Payment terms 5% per month yes(ish)

Apr No

Cancellation rights yes (if they were sent)

 

Looks unenforceable to me.

 

Whats Exspurtos line pay up or else?

 

Mbn@ and Argos seem to be their speciality

 

Pumpytums

Edited February 25, 2010 by pumpytums

[SharpmanTF1]

That is blatantly an 'application' form for credit. where is your account number ....

 

From previous threads i believe that the aplication form is not a correctly executed agreement. But I am sure the more experienced ppl will be along to advise.

 

I've been trying to get my 'CCA' from Argos for many months now, all I get is a concocted computer printout. looks like i'm on to a winner with mine if they can't produce.

[pumpytums]

I believe providing the "application form" as they refer to it has all the prescribed bits i.e signatures, how payments are worked out, apr, cancellation rights and credit limit (or how you will be informed of such) then its considered a valid agreement. However if it doesn't then its no use. I googled Argos cards and they seem to have an APR so looks like this one is unenforceable.

 

I have a similar situation with NEXT they have provided a CCA that apparently I would have signed 15 years ago and apparently that they have sent me!! yeah right.

 

Pumpytums

[MandM]

Thanks Pumpytums.

 

Am putting up some more letters etc, the copies of the T&C's they sent were so small they were unreadable without the Hubble telescope., but they did send a booklet through with the t&c's and the cancellation part.

 

 

 

 

 

 

Can someone advise if this is worth pursuing.

 

Mrs M

[MandM]

Sorry Sharpman meant to include you in the thank you.

 

Mrs M

[pumpytums]

I think Argoos are pretty stuffed. Does the agreement have a back?

 

Does the account have an APR rate and a credit limit if so both of these are missing from the agreement. No T&C are referred to on it so they do not form part of it. The above 2 terms MUST be on the agreement, it looks like it dates back to 2002.

 

If the terms are missing it cannot be enforced by a court game over.

 

They are trying threatograms. I would be very surprised if anyone gets taken to court if they do they will lose. The debt won't disappear but their ability to enforce it it court will.

 

You could write to Exspurto pointing out that the supplied CCA is unenforceable and the T&C are illegible and you look forward to hearing from them. Send then a CCA too.

 

 

 

Pumpytums

Pumpytums

Edited February 26, 2010 by pumpytums

[MandM]

Thanks Pumpytums.

 

As far as I can see only the monthly statements they have been sending give the APR and credit limit The agreement we have is the agreement they sent via the CCa.

 

If you look at the T&C I am putting on, at the top of the page it clearly states that this was taken from the booklet dated 8/5/06.

 

 

They also sent a booklet with one of the letters recently. The layout in the book is completely different to the copy t&c's they have sent and I have noticed that the fees for penalties have gone up from £10 to £12 so I am assuming that the booklet is the new T&c's.

 

I have noticed that the booklet is actually classed as the credit agreement as you will see from the link above.

 

Would appreciate any comments.

 

Mrs M

[MandM]

Sorry Pumpytums I forgot to answer your question on whether the agreement had a back. The answer is no.

 

Mrs M

[dx100uk]

the default notice is invalid any how

it does not give enough time to remedy the arrears & it does not give a specific date [DD/MM/YYYY].

 

i wouldn't worry about the charges, just claim them back + int at their rate + 8% stat from date of charge to date of claim.

 

i'd also reclaim that PPI back too.

 

dx

Edited February 26, 2010 by dx100uk

[pumpytums]

Well thy can never claim the T&C were on the back as you would lose most of them with the direct debit mandate.

 

Unenforceable, I would sit back issue a SAR and claim back your charges plus PPI as DX suggested.

 

You could tell Exspurto where to go but its upto you maybe a bemused letter.

 

 

Pumpytums

[MandM]

Thanks Pumpytums and DX.

 

As luck would have it I sent an SAR to Argos 4/2, so will await the result.

 

Also sent a letter to Incasso informing them I am awaiting the SAR from their client and until such time they are to cease all activities on this account.

 

Shall I wait for the SAR before I inform them that their agreement and their DN are POO.

 

Not sure about the PPI as there appears to be a tick and a cross in them and my son in law cannot remember if he was paying it.

 

Mrs M