OHs Argos store card

[BRIGADIER2JCS]

Good luck Hippy.

[Happyhippy1959]

Thanks Brig,, long weekend,,, ended up in AE myself.... whow....

[BRIGADIER2JCS]

Wot have you been up :jaw:to now Hippy

[The Debt Star]

please tell Hippy

[Happyhippy1959]

Nothing spectacular mate,,, had bloody painful groin pain radiating down to a very sensitive part,,,, Had infection they think ( and not the anti social one either ) heeee.......... Still feeling a bit grotty... Tried to get an appointment with GP what a waste of time... the usual suspects day in and day out brigade were in there.. Only need a chat non urgent now........Will see me guys down at work tomorrow to see if all is well..

[BRIGADIER2JCS]

GET WELL SOON HIPPY:faint2::faint2:

[Happyhippy1959]

Thanks Guys and girls,,,,

[Happyhippy1959]

Ok Guys and girls, yesterday I had the rest of the statements sent by Argoosee showing a total of £72.00 of late collection letters every month that the £1.00 token payment was not made ( moorcraps error ) not giving out standing order details.

 

Today arrives my first CCA I have ever requested, now not only do you need the eyes of Microscope to read it, it has nothing on it. NO SIGNATURE NOTHING.

 

QUESTION. is this correct can they just send this out ???? it could be for anyone... advice please if you can read it...!!!!!!!!!!!!

CCA_1.pdf

CCA Letter CAG.pdf

CCA_2.pdf

[BRIGADIER2JCS]

Hi Hippy it would appear to be an agreement

as they state without the signature box, which

I suppose meets the requirements for a reconstituted

agreement more than adequately as it an original

Argos agreement, (looking at a hard copy now).

So together with the statements etc.,imho it is

acceptable as requested under sect. 77/78 of CCA 1974

I would however be putting them to proof that

they HAVE NOT GOT THE ORIGINAL SIGNED AGREEMENT.

[The Debt Star]

and what if they haven't Brig? the courts have said a recon is enough to enforce.

[BRIGADIER2JCS]

Hi Hippy what they haven't stated is if this is including

the original T's & C's that you would have signed or

any later variations that have occurred since.

Remind me Hippy how old is the account?

I don't think it complies with HH Judge W's reqiurements

personally.

[Happyhippy1959]

Hi Brig and Debt star,

 

Sorry for delay, long weekend shift on the front line of Acute Medicine. The account was opened in 2002 as stated by the SAR sent from Argos. The junk they have sent is as you can see not the original terms and certainly not the signed one I requested.

 

What I want to know now is how to proceed with this. Should I request a copy of the original one as surely they would have to produce this in court !!!!! pre 2007 I maybe barking up the wrong tree here but wise heads will put me right. The reason I am being pig-headed on this is that Freds are involved in it, they have accepted token payments but I have not paid because the total did not seem right and with the second SAR sent it is as I suspected, a lot of charges for non payment. I have still not had a default letter for this account and my last payment was August 2009. I am going to say to them that the total will be less the charges and leave it at that. I really think Argos just throw out any old TC's these are certainly not the ones I would have signed up too.

 

Advice welcome.

[BRIGADIER2JCS]

Morning Hippy,

I think you just write and tell

them that you don't feel the SAR

has been fully complied with and

demand to know within 7 days if they

hold a signed original executed copy of the agreement.

 

Brig.

[Happyhippy1959]

Ok Brig will write off and ask if they hold the original. the terms and conditions sent are definitely not the original as you can see the late payment fee is £10.00 !!!!!!!!!!!!! at the time of taking it out it was £25.00

 

Lets see what they come back with. I thought if it was pre 2007 they would have to produce the original for court action..

 

Just found this from one of our estemed Cagers will send something along this lines.

 

Request for confirmation of documents under CPUTR 2008

Dear Sir/Madam,

 

Your Ref: xxxxxxx

 

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

 

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do nothold an original signed Consumer Credit Agreement pertaining to myself.

 

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed document from other sources.

 

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

 

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

 

Yours faithfully,

[BRIGADIER2JCS]

They will need the originall still I think.

[Happyhippy1959]

Thanks Brig, will get something else off today and let you know what they come back with.

[BRIGADIER2JCS]

Good luck Hippy:madgrin:

[Happyhippy1959]

Good Morning Brig,

 

Hippy late for parade just been going over my complaint reply from GP practice,,, have them eating out of my hand. He even called in person to see me yesterday..!!!!!!!! told them all is well no thanks to them.... Letter good and conciliatory and looking at issues raised, but a sarcastic remark about my privilege NHS position.. hmmm bloody luck I was or else could have been blooming dead thanks to my surgery.

 

Anyway that by and by, Brig sir, why oh why do these financial institutions not send the original CCA in the first place. Why this game of cat and mouse !!!!!!!!!!! it beggars belief. Anyway sir, will keep you updated on the mission, Sitrep at the moment letter sent to Argoose last night saying produce me original numb nuts ......

[The Debt Star]

Just grind away at them Hippy until you get what YOU want.

[Happyhippy1959]

Thanks Debt, but in the long run it is them that are wasting time and money,,, probably write it off as a tax dodge and the laughable thing is Freds have already accepted a token £1.00 payment without a by your leave,,, Smell a very large Rodent here...!!!!!!!!

[BRIGADIER2JCS]

Lignocaine to the Goolies., Rodent? SKUNK more Like:madgrin:

 

Brig.

[Happyhippy1959]

oh yep but lets give Argoose the benefit of the doubt here... they have a letter whinging its way asking to confirm they have the original copy, 2002 was when this debt was taken out so with all my understanding they need it to put the Hip in front of His / Her Honour the District Judge, i know they will probably come up with a skunk load of Case law but lets see, lets give em the benefit, could turn out they have it and it is there bold as brass,,,

 

Now our lovely friends CABOT have not even had the decency to reply to my CCA request....... not a by your leave. August 28th sent, now they will have to dig deep in the archives for a 1991 CCA agreement... Again pure greed,,, adding on 12% interest on me token payment, may as well let that bad boy go to His/Her Honour than pay anymore on that one... Will stop Standing Order, that should rattle there cage...

[BRIGADIER2JCS]

Go for it Hippy stir the barstewards up:madgrin:

[Crazy Diamond]

Hi, was browsing for cases similar to mine and couldn't help noticing this: "Request for confirmation of documents under CPUTR 2008". I know I haven't been keeping up to date as much as I used to, but why are the CPUTR being used in this type of case? Can anyone shed a light on this? Thanks.

[Happyhippy1959]

Now I am not that hot on this but basically the company will send you out a reconstructed agreement or one like mine reconstructed and no signature etc etc. They will of course say they have fulfilled section this that and the other and technically they have.. But pre- 2007 agreements for court action need to be produced in court or that's the jist of it... But a lot of these barstewards say they have them and then apply to Northampton Bulk Clearing court hoping that you the consumer do not know your rights... and through it goes without any documentation being required... rubber stamped basically. Now it is unfair to miss-lead the consumers into believing that the creditor holds them, in other words telling a porky pie etc etc So to stop an unfair practice you have the right to know under the Consumer protection from unfair practices if they have the original that they will later rely on in any civil action.

 

This is a simplified explanation, they off course will come back with Cherry picked parts of this case and that case and say we don't need one but in the long run most Caggers on here will tell you if you receive a summons from Northampton the first thing is to defend it I.E you are not in possession of the original CCA to compare terms etc etc.... Most will run a mile if they are bluffing and drop it like a hot potatoe and sell the lemon on to an other mug DCA... and so the saga continues. Of course they will say your statements are proof of the agreement, but the law is the law, they can't pick and choose, its to protect consumers from underhanded practices, not our fault if those idiots destroyed an agreement 15 years ago,,,, !!!!!!!!!!! never thinking that consumers would gain the power !!!!!! now if someone owed me money from an agreement I would keep it till the day I died.. ( simples )