Lowells/lowells claimform - Argos credit debt.

[Halfangelhalftart]

Hi

 

Argos sent my debt to Moorcroft.

 

I sent them a CCA letter.

I have had no reply, but

 

in the meantime I've been getting texts and voice messages left by Frederickson.

 

I have had no letter of assignment to say they now have the Argos/Moorcroft debt.

 

I did answer the phone to them one time and advised them that I had sent CCA request to Moorcroft.

 

The guy on the phone said I'd have to send another one to them.

I advised him too that I would await written communication from them as I would not speak to them over the phone.

 

A letter arrived weeks later asking me to ring them as due to data protection they could not provide any details of the account in the letter

.(as I had moved house recently is their explanation.)

 

So, as I've had no CCA from Moorcroft, do I send an account in dispute letter to Frederickson??

 

Do I have to send a CCA letter to them now

?thanks for the advise guys.

 

Cara

[PGH7447]

send the bemused letter or the account in dispute letter, why waste a pound on a cca that you have already requested via muppetcroft

[Halfangelhalftart]

Bemused letter??

[j_semple]

Would appear that Moorcr@p have gave up with you sent the account back to argos and passed it on to freds (I know from personal experience) Just send a polite F off message to freds and I am sure they will be off your case very quickly (as happened to me) Next collection company will very likely be JB debt recovery again easily disposed of

[PGH7447]

Bemused letter??

 

Dear fedsI am bemused as to why an in dispute account has been passed to you, and until such time as the dispute is settled with muppetcrap, I have no further reason to converse with your company.Please return this alledged account back to where it came from.blah

[Happyhippy1959]

YEP Hippy has the same trail,,, Muppetcroft,,, then Freds and Bryan god bless him and now they are sending JB heeee after Freds sent me some one elses SAR.... Come on Argoose produce me CCA you did it for Mrs X,,,, who you kindly dropped through Hippys door... mind you Mrs X took hers out in 2006 Data commissioner very interested in Freds and Argoose balls up..

 

Anyway what are these clowns JB like... ???? easy pickings for you Caggers

[Halfangelhalftart]

Ok folks I advised Freds of the CCA I sent to Moorcroft and then just after Christmas I got a letter from Argos with the following text:

 

"Under s78 CCA 1974, following receipt of your £1 fee, we are obliged to send you a copy of the executed agreement

and of any other document referred to in it together wit a statement showing

(a) the state of the account,

(b) the amount currently payable under the agreement and

© the amount and due date of payments which will become due if you do not draw further on the account.

 

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 explains what must be included in the copy agreement.

Regulation 3 provides that the copy may omit certain information, including the signature box and your name and address.

Regulatioin 7 provides that if the agreement has been varied the copy must include a statement in the terms of the agreement as varied."

 

They advised that I have to contact Freds for the a b and c bits and enclosed a copy of the terms and conditions but with no signed agreement from myself.

 

So now I'm a tad confused. Surely this isn't right? Any advice guys and gals?

[Halfangelhalftart]

I've just done some research and it seems they are right. I always thought they had so provide you with a signed copy of the agreement. But this is not the case.

 

http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

[Happyhippy1959]

Yes they did the same to me. All you have to do is then use the Consumer Protection form unfair practices and request they confirm they hold the original. If not, tough tippy, that's what I did. They told me they had not heard of this ( muppets ) if the agreement is pre - 2007 they will have to produce the original to start court proceedings. ( simples ) Have not heard nothing from them since October when I also used Priority One's Court protocol rules to warn them if they hand it to a DCA they will be in breach of so many regulations.

 

Lets hope I have not upset the apple-cart. Don't give up, is it pre 2007, I bet your bottom dollar it is and they can't find your agreement.... so hit em with CPUTR

[Halfangelhalftart]

Ooh, never heard of that before. Will have to investigate. Is there a template on here?

[Halfangelhalftart]

Ah well,

Argos have got Freds back on my case since they sent me their terms and conditions but not signed agreement.

 

Haven't had a chance to look into CPUTR.

 

In this letter, Freds reckon they've sent a letter from Carter (I've not recieved it yet) and are offering me a full and final settlement - no figure given.

 

I offered them one back in July 2010 when I got my redundancy but they refused it.

 

I'm not trying to shirk the debt.

 

It started when I had asked them if I could make smaller payments when I was on maternity leave and they were all,

'ofcourse no probs' but I had to send them an income expenditure every few months.

 

One time it was late getting to them so they sent account to debt collection agency.

 

Which annoyed me no end.

 

And obviously Moorcroft and Fred's friendly banter made things so much better ;oD

 

I'm still not in a postion to make a large payment.

 

So, what should i do next?

 

CPUTR them?

 

Any advice on wording?

 

Or just write and say I can pay them £1.50 per month by standing order?

 

thanks for the advise guys.

[twofoot]

Carter is known for favouring old addresses to get a CCj by default. If Carter is involved checked your old address for mail if you have moved.

[Halfangelhalftart]

The letter from Freds states,

 

 

'we are prepared to offer you one final opportunity to pay before recommending our client they they instruct solicitors to issue a claim at [my current] address so that would be pretty fradulent of them.

 

 

Got no way of checking my old address either. But thanks for the heads up

 

Can Freds demand an income/expenditure?

[brokebutnotbeatn]

They can demand one. They don't have a right to see one though if you don't want to send them one.

[Halfangelhalftart]

I've read, possibly incorrectly, that a debt is not enforeable unless they provide a SIGNED copy of the agreement. Argos's letter claims they don't need to send me one as part of the CCA request. Is it true they only need to provide a signed copy if they plan on taking me to court to enforce the debt?If so can I first demand they prove to me they have a signed copy?

[brokebutnotbeatn]

A recon is perfectly acceptable as a response for a CCA request. In court they would need an original but you have to be well prepared to argue this and have the relevant case law to hand etc etc. CPUTR is the means to ask if they have a signed original. See post #9 and search CPUTR on this forum.

[Halfangelhalftart]

Ah that makes sense. Struggling to come up with wording for CPUTR relevent to my case but will give it a go.going to make them work for their horrendous interest rate ;oD

[brokebutnotbeatn]

There is a sticky on it in the route of this forum. Its a good read.

[Happyhippy1959]

Don't worry Halfangelhalftart this story is so familiar, as you can read. Argos had Moorcrap then Fred then the illustrious Brian himself and then they put Asset Management on me case. Now as you, they only sent a blank terms and conditions.... Hippy say's and I used P1's advice CPUTR HAVE YOU GOT ME ORIGINAL ( nothing at all ) Asset did not even bother with a reply once I told them in dispute....

 

As many will tell you on here, why mess about either you got it or you have not..!!!!!!!!! if it's pre 2007 then they are going to need it, they know it, we know it the courts know it. Now just out of interest Hippy is moving out of his property and renting off a mate, I have not paid the secured loan and the mortgage at a token payment while it is on sale, out of the blue Cabot offers me a fantastic deal,,,, £14,000 loan amount they will accept £3,500 as a full and final,,,,, Now does that tell you something,,!!!!!!!!!! its post 2007 and the paper work is tight as... Hippy knows the house is going to leave some negative equity for those Gangsters First Plus but hidden away is my BR money and as soon as they repossess and it goes unsecured then off to the courts...... I can only assume Crapbot has been watching my credit file... So no charging order for hippy.

 

This site is brilliant, it saved my sanity and my life,, ( no joke there ) I enjoy now making DCA's run around like headless chickens out of my £40k unsecured only £14,530 is enforceable the laughable thing is I only request a CCA whe the OR sells on the debt.... then its gloves off and no holds barred. I never want credit again, never want a property again so I just don't worry anymore. As long as me maintenance is paid, me council tax etc then all is well.

 

You will soon hear nothing from Argoose, they are the most ignorant bunch of so and so's they even told me they did not have to supply a Signed CCA but then sent me a lady's application form..!!!!!!!!!!!!!! wicked.

 

I feel like Greece but with a new horizon looming,,,, to all the guys and girls here you are the BEST,,, you restore my faith in the human race. I have two phones now thanks to my old contract finishing and my friend who's name it is in upgraded me and I keep the other as a pay as you go so I give all the DCA's my number,,,,, nothing as yet. Also one last thought my good friends and to any DCA's lurking on here. I work in a Acute medical ward, come down and see a young man or woman diagnosed with months to live or people in such pain and discomfort,,, boy oh boy they would bite your arm off for your worries and debts just to be healthy, it puts life in perspective.

 

Good luck to my many friends on here, I will always be looking in and commenting on matters... You are what is good in human beings and the spirit of this country.. YOUR FAIR, NON JUDGEMENTAL AND GIVE UP YOUR VALUABLE TIME TO HELP OTHERS. FOR NO PROFIT AT ALL. Maybe our banks should pull a leaf out of our site. I am going to make a donation to this site as often as I can... Love you all.... The Very Very Happy Hippy

[kmalbin]

Hi Guys,

 

I have been reading up on all your info as I am getting lots of letters from different collection agencies for the same debt. The one that is being a complete pain is frederickson. I had a letter from a solicitor which from this site, is based in the same office as frederickson, so I sent them a CCA letter. I have now had a letter from frederickson, even though i didnt send it to them, saying the following:

 

We thank you for your recent letter.

 

We confirm that the consumer credit act 1974 does not apply to the account becuase you contract is for services, not credit.

 

You can request a copy of your contract from where you originally obtained the device.

 

Therefore, please forward your proposals to discharge them outstanding balance.

 

The client is arrow global guernsey limited, I have never heard of them and never been to guernsey so I am confused as to why they say I have a debt, and as for "the device" what is it?

 

What do you think is the next thing to do?

 

Thanks in advance

[Halfangelhalftart]

Would the following be sufficient?

 

 

Am I quoting all the right stuff?

 

 

Thank you for sending me a copy of some terms and conditions. However, as there is nothing on it that relates to me personally,

how can I be sure that this has been reconstructed in relation to my account?

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

 

Under this act I require to advise me whether or not a true copy of my credit agreement exists.I do,

 

 

expect the main actions to be dealt with, as matter of course, and look forward to hearing from you.

 

 

Regards

[brokebutnotbeatn]

No. You should tell them you have absolutely no idea what they are talking about and do not owe any monies for any services or 'devices' so can only assume the have the wrong person. Please delete your details from their files and stop writing to you.

[Halfangelhalftart]

just had my first letter from Carter today. they will be taking me to court if I don't pay up in 10 days. well 10 days from the date on their letter..dated 18th arrived today. so I only have 5 days really. or 2 working days...

 

Hi Guys,

 

I have been reading up on all your info as I am getting lots of letters from different collection agencies for the same debt. The one that is being a complete pain is frederickson. I had a letter from a solicitor which from this site, is based in the same office as frederickson, so I sent them a CCA letter. I have now had a letter from frederickson, even though i didnt send it to them, saying the following:

 

We thank you for your recent letter.

 

We confirm that the consumer credit act 1974 does not apply to the account becuase you contract is for services, not credit.

 

You can request a copy of your contract from where you originally obtained the device.

 

Therefore, please forward your proposals to discharge them outstanding balance.

 

The client is arrow global guernsey limited, I have never heard of them and never been to guernsey so I am confused as to why they say I have a debt, and as for "the device" what is it?

 

What do you think is the next thing to do?

 

Thanks in advance

 

Is it for a mobile phone contract perhaps?

 

One thing.. this clause about them not having to provide a copy of the terms and conditions with your details on?? How does this help anybody?What does it prove?

[cake mama]

moorcroft are hounding me for a debt of £700 to simply be which is now £1200 wit interest and charges and have sent me a letter of intended litigation if i dont pay.this is an impossibality on job seekers.i am sorry to sound like a bloody loser but i need help and advice.

[ims21]

moorcroft are hounding me for a debt of £700 to simply be which is now £1200 wit interest and charges and have sent me a letter of intended litigation if i dont pay.this is an impossibality on job seekers.i am sorry to sound like a bloody loser but i need help and advice.

 

Have you read the replies on your thread about reclaiming the charges and associated interest?

 

Have you checked your credit file to see who owns the account?

 

Please continue on your own thread here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?366247-Reliable-Collections-...-help-me&p=4041345#post4041345