Argos card problems

[chrismk]

its not compliant

 

send the account in dispute letter [failure to supply an enforceable agreement.

 

they'll flog this debt now

 

and you'll eventuall get discount letters.

 

what is the opening & defaulted dates from the CRA file?

 

dx

 

will check the opening and defaulted dates, can i ask what a re-constituted agreement has to have to make it compliant?

[dx100uk]

certainly ALL your correct details for the time of the CCA

and the correct copy of the T&C's for THAT time too.

 

me thinks this is a lemon debt.

 

dx

[chrismk]

certainly ALL your correct details for the time of the CCA

and the correct copy of the T&C's for THAT time too.

 

me thinks this is a lemon debt.

 

dx

 

They have sent details of the T&C's for the correct time (2011) but they say they can supply a re -constituted agreement without a signature box, they have sent a4 pages with the agreement copied and pasted onto them, the agreement doesnt contain my name or anything related to me, they have just typed it on the first sheet of A4

 

I do owe the money, well not as much as they say, so not a lemon in that respect.

[dx100uk]

ok well on balance then.

 

workout what you do owe

get reclaiming if necessary and then deal with the oc alone, at a reduced rate with all charges & Int frozen.

 

dx

[chrismk]

ok well on balance then.

 

workout what you do owe

get reclaiming if necessary and then deal with the oc alone, at a reduced rate with all charges & Int frozen.

 

dx

 

Ok looks like i'm going to have to bite the bullet and make a monthly offer, I don't think there is anything else I can do. I believe they have contributed to my situation by not sticking to there end of the credit agreement and sending the required statements. Just makes me mad that they don't give a ****.

 

I will reclaim all the so called letter fee's and late payment fee's.

 

I dont mind paying what I owe, I just hoped Argos would see how they contributed to it, guess not

 

Anyway thank you for your help

[chrismk]

Just a couple more questions if I may. The amount shown as the default balance on my credit file is several hundred pounds less that that they are asking for, I say the default balance is the amount I owe, can they ask for more after a default has been registered? And also what if the default balance contains late payment fee's etc?

[dx100uk]

this why you must get the statements and get reclaiming

 

if the DN balance contained PENALTY charges, then the DN is invalid.

[chrismk]

this why you must get the statements and get reclaiming

 

if the DN balance contained PENALTY charges, then the DN is invalid.

 

Thank You I will be reclaiming, I am a little confused they have sent me today all my statements etc and a letter relating to my complaint. I have just requested my statutory credit report from experian so should have access to it to confirm in a few days but Argos state

 

They sent me a default notice on the 8th June 2012, this is correct it came whilst I was on holiday. It states action required to remedy ,payment of £126.77 to be paid within 14 days of you receiving this notice.

 

In the letter received today it states as I failed to satisfy this request a default for £1,578.99 was recorded on the 23rd July 2012, I do not have a default notice for this amount.

[dx100uk]

i hope the letter does not say 'within 14 days of this notice

 

as that along with the balance claimied including PENALTY FEES

 

the date must be in the format DD/MM/YYYY

 

read post 32

 

dx

[chrismk]

i hope the letter does not say 'within 14 days of this notice

 

as that along with the balance claimied including PENALTY FEES

 

the date must be in the format DD/MM/YYYY

 

read post 32

 

dx

 

Yes it says within 14 days, not sure if the default balance registered after contains charges or not will work it out.

 

The default notice that says within 14 days does not contain charges and have not received a DN for the other amount

[chrismk]

So I thought I would double check the default notice.

 

It is dated on the 8th June. it says Action to remedy pay £126.77 within 14 days of you receiving this notice.

 

The actual default registered on my credit file is £1578.89 which was recorded on the 23rd July. After going through statements it is obvious that this amount includes, letter fee's and late payment charges.

 

So question is, What does all this mean? I have every intention of paying what I owe but that is all. What does a default notice that isn't compliant mean and what are the implications of them registering a default balance containing charges?

 

Thanks in advance

[dx100uk]

so you've not read that attachment in post 32 then?

 

dx

[chrismk]

so you've not read that attachment in post 32 then?

 

dx

 

Thanks for the reply, I thought that was what you meant but couldn't find the one you were on about

[chrismk]

Sorry, was being thick!! found it now

[chrismk]

The default notice received on the 8th June does not contain any charges, the amount registered on the 23rd does but I did not receive a notice for this amount

 

I'm sill not sure exactly what it means, does it mean it cant be enforced?

[dx100uk]

you dont have to receive a notice.

 

they sent a DN, thats good enough.

 

there is , actually, very little relationship between a default on your CRA file

and the date/amount on any DN sent.

 

dx

[chrismk]

Ok thanks for all your help it is appreciated,

 

what i don't understand then is why is it significant that the default notice is wrong?

 

and why does it matter if it contains charges if its insignificant.

 

Sorry Im being a little dumb, just struggling to understand it all.

 

Whats the point in it all if despite the fact its wrong there isn't anything I can do about it.

[dx100uk]

as said before

 

if the dn is not of the correct format

 

as per those guidelines

it makes it invalid

 

anyhow.

 

we get the fact that they 'contributed' to your problems

by not sending statements.

 

and there might well be an avenue whereby this error

can be put to good use.

 

however, you still dont have the statements

 

you need to sar them.

as you were advised in july last year

 

when we have all the info

 

then we will construct a battleplan.

 

until then

we can keep paddling around in circles..

 

dx

[chrismk]

as said before

 

if the dn is not of the correct format

 

as per those guidelines

it makes it invalid

 

anyhow.

 

we get the fact that they 'contributed' to your problems

by not sending statements.

 

and there might well be an avenue whereby this error

can be put to good use.

 

however, you still dont have the statements

 

you need to sar them.

as you were advised in july last year

 

when we have all the info

 

then we will construct a battleplan.

 

until then

we can keep paddling around in circles..

 

dx

 

Thank you I appreciate your help, I do have the statements they came yesterday

[dx100uk]

hey thats good timing...

 

ok pop them in this:

 

This fourth spreadsheet is useful in calculating a regulatory based compound interest award for PPI on a Revolving Credit Account. Or for a PENALTY charges Reclaim. Not all statements are required for this sheet because it will work out the compound interest on the PPI payments you do know about. It will not work out the additional 8% interest, to do that you will need spreadsheet three above AND all of your statements.

 

FosCISheet v101.xls

 

 

dx

[chrismk]

Ok thanks, I will take a look and post back when done, thank you

[dx100uk]

yea sure

 

let get our ducks inline

 

you'll prob want to look at the comms log if you've got that too.

 

see what account notes they made around the time of your complaints/phonecalls.

 

dx

[chrismk]

Hi allApologies for not coming back here sooner, some issues on a personal level have kept me away. Nothing new to report, Fredrickson still trying to contact me, im still ignoring.will be working through the charge reclaim spreadsheet and sending that this week.I have also sent the account in dispute letter, failure to provide correct documentation for a CCA Request.

[chrismk]

Just thought I would update

 

Argos refused to understand my complaint or issues, fredrickson still hastle me, Argos wont refund the charges applied to my account.

 

I have filed a complaint with the financial ombudsman and awaiting a response.

[ims21]

I am sorry to say that it is extremely unlikely that fos will find in your favour on a claim for the charges (if that is what you have filed with them)

 

Court action is likely to be that way you would get these charges refunded.