Argos Debt Passed to Moorcroft does this mean the agreement is terminated?

[DeBilde]

I received a DN from Argos that was defective as it stated 'to rectify the breach you have 14 days from the service of this letter to bring the account up to date' I have read in numerous places this makes the DN invalid as it must specify an actual date.

 

Anyway, today I received a letter from Moorcroft asking me to pay the balance in full or contact them in 7 days to arrange to pay.

 

Does this count as Argos terminating the agreement as the full balance is asked for? I hope so as I can accept their unlawful recession then.

 

Any advise welcome.

[harrassed senior]

Is it possible for you to remove all identifying details and scan the DN and post on here for the experts to give their opinions.

[DeBilde]

Yes, I will do it tomorrow.

[harrassed senior]

Thanks, you will then get a definitive answer, with advice as to how to proceed from here.

[Bazooka Boo]

I received a DN from Argos that was defective as it stated 'to rectify the breach you have 14 days from the service of this letter to bring the account up to date' I have read in numerous places this makes the DN invalid as it must specify an actual date.

Correct it does.

 

Anyway, today I received a letter from Moorcroft asking me to pay the balance in full or contact them in 7 days to arrange to pay.

 

Does this count as Argos terminating the agreement as the full balance is asked for? I hope so as I can accept their unlawful recession then.

Yes it does but you need to let them know you accept their unlawful rescission

 

If you are still paying them or the DCA then stop all payments as this will also be confirmation that you have accepted the UR.

 

I've just realised you know what to do and I have been teaching you to suck eggs!

 

bOO

[DeBilde]

Thanks for the infor though.

 

I just wanted it confirmed that they had terminated the agreement

[DeBilde]

Hi,

 

I have posted in various threads about this account but I was asked to put up the DN and letter from Moorcroft here for the experts to have a look at it. I am hoping the DN is invalid and the fact that Moorcroft are on the case means the account is terminated.

 

I am also looking for advice on my next step. FYI I paid an reduced amount in Feb 10 as I agreed with Agros. I then remembered getting the DN and had a look at it and stopped making payment to them.

 

[DeBilde]

http://img168.imageshack.us/img168/9629/moorcroftm.jpg

[fuzzybobble]

Well their default notice is invalid, as it has to state a date which is it to be remedied by. Stating "within 14 days" is not acceptable, as you are supposed to get 14 full days from when it's deemed served, allowing 2 days for service 1st class and 4 days for second class mail.

 

Also if the arrears they are claiming contain any late payment charges, etc, then that also means the actual default amount is inaccurate.

 

There's a few threads on here where they go into the technical details of Default Notices. Well worth spending a bit of time reading them. But don't tell Argos anything until they terminate the account. By either sending a termination letter, or getting a DCA to demand the whole outstanding balance.

 

Also, as it's Argos....Was the card taken out before 2007? If so, send them a CCA request. As in most cases they cannot produce the agreement, or if they can, it's unenforceable do to it not containing the pescribed terms.

 

As for Moorcroft, ignore them. They cant and never take anyone to court. My Argos account went through 8 DCA's over 3 years before they sold it to DLC aka Hillesden. Then I broke the bad news that there was no CCA available and the account was terminated with an imporperly served default notice.

 

Argos accounts are pretty easy to deal with.

[DeBilde]

Thanks Fuzzy.

 

Have they not terminated as Moorcroft have asked for payment in Full or call to arrange a payment schedule?

 

Also, I requested the CCA and they did send me my Application Form back which had the prescribed terms on it. Will dig it out and put it on here also.

 

I need to work out if any charges have been added.

[j_semple]

I was gonna start my own thread but I recieved a DN from Argos Card Services today. There's no real point in me scanning it as it's the same more or less as the OP'S Scan in the first photo. Also only says 14 days with no date on them. Should I wait to Moorcroft get on my case and take it from there?

[DeBilde]

Could anyone help if Moorcroft demanding the balance in full in their letter means termination.

 

Also, shall I write anything to anyone?

[Bazooka Boo]

Yes if they are asking for the full amount this acts as an account termination.

[DeBilde]

Thanks, their letter is in post 2 if you agree with my interpretation.

[Bazooka Boo]

The £12 they have added, is it in your Original T&Cs with Argos that they will charge you £12 per letter?

 

As the DN is faulty, you need to accept there unlawful rescision.

 

And only the Arrears are payable.

[DeBilde]

Thanks, just what I wanted to hear.

 

I will look at my TC's tomorrow.

 

Shall I send the letter to Argos and send a copy to Moorcroft?

[DeBilde]

Bump

[fuzzybobble]

Send the CCA request letter to Moorcroft. As they are now dealing with the account, then it's only fair you make them do some work.

 

Save the Default Notice for later. Always better to see if they can produce a CCA first. The more things you have that render the account unenforceable, the better.

[DeBilde]

I requested the CCA last November, will post up what Argos sent.

 

Shall I not accept their termination yet then?

[laalinz]

Hi.

 

I have the same situation here. Argos has passed my debt onto Moorcroft. Moorcroft say's they are acting on behalf of their client yet when I spoke to Argos they informed me "your account is no longer with us" I signed a Credit agreement with Argos before April 2007.

 

I have missed three months payments with Argos due to a loss of employment (now found new employment).

 

I rang Argos and paid my arrears direct to them. Then received a letter from MDR stating that all payments must be paid to them and have instructed their client to take me to court.

 

I rang (mistake I know) MDR and was spoken to a very rude lady who started shouted at me when my offer of £50.00 per month was rejected by her, I then told her to take me to court as they would only be awarded a even smaller amount then that. Which resulted in her getting rather nasty. Please help as I want to pay my debt ofcourse but want NO more dealings with MDR

 

xx

[Bazooka Boo]

laalinz, will you be able to start your own thread?

 

A little confused, but on first thoughts, if you have paid Argos the arrears, then you can safely ignore Moorcrap.

 

If they ring you again just hang up, or tell them to put everything in writing, then hang up, they hate this because then it means them having to get an adult to type out the letters.

 

As you have found out to your expense how vile you need to actually be to work in these sorts of companies, if they would treat people the way they themselves would like to be treated I feel they would get more of a response, and would possibly stay in business longer.

 

Start your own thread and others can advise and help you out.

[jimbo45]

Hi there

Moorcr@p are one of the easiest DCA's to get rid of - wait for their Pre School, Pre-Pubescent Teen and Pre- everything division threatograms to start appearing like confetti.

 

I'd just BIN all of these but there is plenty of information on these forums in how to dispatch this particular group of bottom feeders and pond slime into the long grass.

 

Cheers

jimbo

[Bazooka Boo]

No don't bin anything, you need to keep ALL of the letters they send you, including the envelopes if poss, for any complaints further down the line.

[laalinz]

Hi,

 

how do I start my own thread?

[Bazooka Boo]

Click Debt Collection Industry - The Consumer Forums

 

then scroll all the way down to the bottom of the page and on the left hand side is a blue button with the words 'new thread' in it click that, and give your thread a title like llalinz-V-Moorcroft/argos and start your own thread.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=167