jellybabe v Argos card ***SETTLED IN FULL***

[jellybabe]

right then,here we go!

Sent my LBA off this morning by Special delivery.

 

Let's see what happens next.

[jellybabe]

Great! sent my lba by special delivery next day guaranteed by 1pm on the 04.07.06,and still i can't see no proof that it got there.

I hope Royal Mail didn't lose my letter!

Any advice if i should send it again,or does the copy of the letter and the special delivery label give enough proof that i sent it there and then??

Helllllllllllllllppppp,i was sooo looking forward to be at that stage at last.

[jellybabe]

Decided not to wait any longer and just sent my replacement lba off.

So the new deadline for Argos to cough up is the 22nd July.

Wait and see

[Movingon]

Ack... no chance to answer in time!

 

Special Delivery WILL have been delivered. Absolutely. It just takes time to update the website that's all. Did you call the royal mail helpline on 08457 740740?

[jellybabe]

Hello StoneLaughter,

thanks for reply.don't worry about it........i am just soooooooo impatient.Must be a woman thing:D .

I rung the nr on the back of my receipt and all they said was check back later,we haven't got no records of your item yet.And i also checked online,and got the same message.

Never mind,it's only 4 days longer to wait.

As long as i don't get no problems of them for sending it twice?!

[Movingon]

Hello StoneLaughter,

thanks for reply.don't worry about it........i am just soooooooo impatient.Must be a woman thing:D .

I rung the nr on the back of my receipt and all they said was check back later,we haven't got no records of your item yet.And i also checked online,and got the same message.

Never mind,it's only 4 days longer to wait.

As long as i don't get no problems of them for sending it twice?!

 

No, you won't get any problems for sending it twice. It might confuse them for a couple of minutes but they'll work it out.

 

By paying for special delivery you're paying for GUARANTEED delivery on the next working day. You should play merry hell with Royal Mail over this.

[jellybabe]

oops,forgot to mention.

Congrats on your success against Argos!!

[Movingon]

LOL thanks

[jellybabe]

yes,will do.I been given a claim form already.

[jellybabe]

Right,

i've had a reply from Argos following my lba sent on the 4th July.

They are extending their offer of £150 for the 3rd time.The money is going to be paid into my Argos Card account if i take it,which i obviously won't!

It has all the conditions mentioned in all the other threads.

They are only offering me the difference between the actual charge and the £12, by refering me to the OFT statement.

This is not acceptable.

The 14 days are over,am i right in thinking i can file a claim now?

And what happens if they react while i'm on holiday,which is from the 5th-15th August?

[jellybabe]

Also....i think i need some advice on the interest.I only had some printouts and they showed 2 diff kind of charges."Fin Chgs" and Other DB.The latter being the late payment charges,i believe,and also some other charges.

For example:

My 1st ever charge with them was £10,but the printout says £10.41.Is this extra amount of 0.41 maybe the interest i can claim back??And if so,do i do it with every statement, or just add all the charges together from all my printouts and that's it??

I hope somebody understands what i'm on about,i am not very handy with those things,and would greatly appreciate some help or clarification.

Stonelaughter...........oh successful one.......i summon you , or anyone else??

[jellybabe]

right,not sure if i done it right,but i added all the interest in one month together and put that in the spreadsheet.This is what i come up with??

 

Penalty Charged......................£330

Interest on Penalties................£123.12

8% on Penalties......................£124.16(yes, i know i don't use this until i file claim)

8% on interest on Penalties.......£42.10.

 

Doesn't that seem a hell of a lot??That would nearly double my claim, so i am sure i must have done something wrong.:-|

I read the instructions,and i used the spreadsheet i downloaded before Vampiress sent me the new one for credit cards.

[jellybabe]

aargh,anyone reading my thread must think i'm really daft!

just remembered that i had replaced the 8% value to 26%,as this is the current rate argos charges.

I think i better stick to the 8%,don't i??I know a few people already tried to charge the advertised rate.......any success?

It's either that or the 8%,isn't it. Maybe i should claim the 26% instead of the 8%,but alternatively leave it to the judge to decide?

Gooooood,i have been reading through this site for soooooo many weeks now,and still i am confused!!!!

[jellybabe]

ok,no reply,so i assume everything is fine.I will probably just claim the 8% instead of the advertised rate of 26% just to be on the safe side,unless someone points me in a different direction.Will put my claim in tomorrow afternoon,as soon as i get up.Just got in from nightshift,argh!

[jellybabe]

i tried now for nearly 4 hours to put my claim in on moneyclaim.I used the template and adapted it to my needs.I've read around the different threads,to get as much info as possible.

But everytime i want to submit my claim it states that it can't be more than 24 lines and not more than 1080 characters long.

Anyone out there,that could please please help me??

I just want to get it over with,i am nervous enough about the whole thing.

Help please

[Movingon]

OK here you go - obviously you'll need to change the particular details to yours but it should fit:

 

I had an account number with Argos from date until date. During this time Argos took charges from the account due to purported breaches of contract on my part. Argos contends that the charges were in accordance with the terms of the contract between us. A list of the charges will be provided. I contend that: a)the charges are punitive in nature; are not a genuine pre-estimate of cost incurred by Argos; exceed any alleged actual loss to Argos; are intended to unduly enrich Argos. b) the charges are unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. I am claiming a) the return of the amounts debited in charges in the sum of £amount b) court costs; c) interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the date of each charge to date of claim of £amount and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

[jellybabe]

oh Thank you sooooooo much StoneLaughter!

Just one more thing now

I am claiming a) the return of the amounts debited in charges in the sum of £amount

Does that include the interest i am claiming?

[jellybabe]

Claim submitted..............6QZ49138

 

Really scared now!

[Movingon]

Please PM a mod or admin with the details of your claim... best of luck!

[jellybabe]

thanks,will do

[jellybabe]

Claim issued 26/07/2006.

 

1 question:

under the judgement section is a start button,do i have to click that to get it all rolling??or is that there for me, for when they don't defend?

Sorry about that,but i am a Moneyclaim "Virgin".

[Movingon]

That's for when you apply for a "Judgement by Default" if they do not acknowledge or defend against your claim.

[jellybabe]

ok,thanks,that cleared that one up for me.

Knowing my luck they will go the whole way.

[jellybabe]

Received my papers from court today.Deemed served on the 31st July,which gives Argos until the 14th August to respond.

I think that is far too long,considering the time we used already to get a settlement.....lol

[jellybabe]

Claim acknowledged today (09/08/06).

Which gives them time until the 28th now to respond.

(i think)As moneyclaim says:

The defendant is allowed a total of 28 days from the date from when they are served with the claim to reply.

Isn't time dragging when you are waiting for something?!