cabot and Argos Card Debt

[overdone]

Another sob story letter about Argos.

 

Dear Overdone,

We write further to your request for information under consumer credit act blah blah.

 

Although cabot has requested the information, the original lender is experiencing delay blah blah

 

We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

 

argoscca.jpg - Image - Photobucket - Video and Image Hosting

 

Cabot sent a load of stuff today about the Argos Card including copies of all statements. Is the Instore application form valid, in all aspects of legal C C A requirements?

 

For instance, shouldn't they show the APR?

Edited October 6, 2008 by overdone
additional info

[fuzzybobble]

Looks to me like an application form and nothing more.

 

As you stated, it has no APR, also no mention of how it's repaid, no credit limit, no mention of how often it's repaid, no mention of terms and conditions.

 

Basically the pescribed terms of the agreement are missing, so totally unenforceable.

 

Also I found out a while ago, Argos faxed the applications to head office for processing. After 6 weeks the originals were shredded in store. So it's unlikely they could even manage to produce the original application form, never mind an enforceable agreement.

 

Write back to Cabot thanking them for the application form, but you won't be paying them anything until they produce an enforceable agreement for the alledged debt.

 

For my Argos account, they cannot produce an agreement or an application form of any kind. But it's not stopped them from bouncing it around from one DCA to another over the last 12 months.

[overdone]

Looks to me like an application form and nothing more.

 

As you stated, it has no APR, also no mention of how it's repaid, no credit limit, no mention of how often it's repaid, no mention of terms and conditions.

 

Basically the pescribed terms of the agreement are missing, so totally unenforceable.

 

Also I found out a while ago, Argos faxed the applications to head office for processing. After 6 weeks the originals were shredded in store. So it's unlikely they could even manage to produce the original application form, never mind an enforceable agreement.

 

Write back to Cabot thanking them for the application form, but you won't be paying them anything until they produce an enforceable agreement for the alledged debt.

 

For my Argos account, they cannot produce an agreement or an application form of any kind. But it's not stopped them from bouncing it around from one DCA to another over the last 12 months.

Bless you FB. It was definately my handwriting and signature that I blanked out. They had me scared for a minute. This is where the forum is so handy because I bet they manage to wool pull a percentage of the time. So they reckon it is worth a shot. There is a letter I believe that stops them processing your information and selling the debt on. I better get one prepared.

[fuzzybobble]

I've had Argos admit they couldn't provide a CCA. A week later they sent it to Moorcroft. Took me 6 months for them to finally admit in writing they couldn't provide an agreement and were passing the account back to Argos. A week after that Argos sent it onto Frederickson International. I disputed it with them, but recently I got a letter from Frederickson's in house solicitors Bryan Carter and Co. On here he's well known for going for a partial claim and going for it really quickly, toget a CCJ and then chase you for the remainder.

 

I'm ready for him though.

 

Stick with the CAG. Your battle with Argos has only just begun. But don't worry. Pently of CAG members have done this before and won with costs awarded to them.

[overdone]

Well in my case cabot bought the debt so they are stuck with it.

[overdone]

Looks to me like an application form and nothing more.

 

As you stated, it has no APR, also no mention of how it's repaid, no credit limit, no mention of how often it's repaid, no mention of terms and conditions.

 

Basically the pescribed terms of the agreement are missing, so totally unenforceable.

 

Write back to Cabot thanking them for the application form, but you won't be paying them anything until they produce an enforceable agreement for the alledged debt.

Dear Cabot,

Re Argos

 

I recieved a photocopy of an application form from yourselves regarding an Argos account. This is not a valid CCA. The APR is not shown, there is no credit limit or terms and conditions. I await further for an enforceable agreement of the alleged debt.

 

Yours faithfully,

Overdone

[overdone]

Dear Overdone,

Re Argos Query

 

Further to previous communication regarding the account detailed opposite.

 

Section 61(1)(b) of the Consumer Credit Act states that "A regulated agreement is not properly executed unless....the document embodies all the terms of the agreement, other than the implied terms..."

 

The word "embody" is different to "contain" and therefore means that the document need not set out all the terms itself, but may refer to another document setting out the terms, this is covered in section 189(4) cca.

 

We refer you to the signature box on the credit agreement supplied to you previously.

 

Please note that it clearly states "This is a credit Agreement regulated by The Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms."

 

These terms were enclosed along with the information supplied to you and therefore Cabot Financial has complied with your request for information under the Consumer Credit Act.

 

We trust this has clarified our position and hope to continue with you repayment plan.

 

Emma Robertson

[overdone]

Well they did not enclose any terms. Is the above letter a wool pull attempt?

[overdone]

Any suggestions, anyone, as to what I should write?

[cymruambyth]

I've sent this letter from 42man

Dear Ms Robertson

Re: − Account/Reference Number

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute.

On xxxxxxI wrote to Cabot Financial requesting that you supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

 

I respectfully request a response to this letter in 14 days.

Yours sincerely

Hope this helps

[overdone]

I've sent this letter from 42man

Dear Ms Robertson

Re: − Account/Reference Number

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute.

On xxxxxxI wrote to Cabot Financial requesting that you supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

 

I respectfully request a response to this letter in 14 days.

 

Brilliant! I will get on to it.

[cymruambyth]

Thank you:) Hope you have more luck than me, they have just sent current terms on their own so I'm just sending a different version of this.

From Monument to.......Cabot is my battle.

[overdone]

Posted the letter above, yesterday and today got another letter from Cabot.

 

Dear Overdone,

 

Contacting Cabot

 

Please call 0845 0700 116 (minicom 017xx xxxxx) urgently, and speak to one of our biased customer advisors about your account.

 

Our aim is to help customers (Not Ourselves) get their accounts cleared - so do contact us soon!

 

Yours sincerely

Peter Anderson

 

 

I expect they need the money for christmas.

[maroondevo52]

 

Our aim is to help customers (Not Ourselves) get their accounts cleared - so do contact us soon!

 

And you'll follow their advice