Argos Card & JB Debt Recovery

[N.P]

Woah woah!! Serious information overload!!

 

I hope you are feeling better soon

 

 

Hi Hopeful,

 

Thanks for the threads, I didn`t seen them untill now. Maybe you should use a larger, bolder font? LOL

 

Anyway, I haven`t complained to TS about these knob splats yet, is there any point? What do TS do anyway?

 

If you have a suitable letter of complaint at hand, then I`d fire if off but otherwise, I`m not one for writing letter`s to be honest.

 

Thanks again for the concerns people! No doubt if we tell a DCA we are ill and ask for some recovery time, we`d just get lashed with more charges and told to pay immediately or we`ll be taken to Court again. Oh well, life is so cruel and sad, LOL.

 

Regards

 

 

N.P

[fuzzybobble]

I told a DCA that I had died in an accident with a popcorn maker.

This was after security checks too. And he asked me to send a

photocopy of the death certificate as proof.

 

So he confirms I'm the person they want to speak too, then

believes me when I tell them I died recently.

 

Just proves they spout their scripted threats and don't listen properly

to what you have to say.

I just wish I'd had recorded it, but my mp3 player needsd charging

at the time.

[lihi]

Hey NP

 

When I see a good letter on CAG I always copy and paste and save for a rainy day. I will paste in some of those over as least threads as I can, you may have to edit them slightly to suit you.

 

Here goes

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

I Do Not Acknowledge any debt to your company.

 

Dear Sir

 

I have today received your letter dated ** October 2007 Ref *********** which purports to be a letter before action and threatens that legal proceedings may be issued without further notice.

 

You are formally informed that this debt is in legal dispute with Halifax and it seems your only involvement in this matter is to provide harassment.

 

I will not be making any payment to you.

 

I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing.

 

Please provide me with proof of your lawful right to claim any money from me.

 

You must not telephone me either at my home number or any of my employers numbers, any calls from you will be recorded and construed as harassment.

 

You must not threaten to send collection staff to my residence as again this will be construed as harassment.

 

Take note that any implied right of access that may have existed to my residence and grounds is withdrawn from you and any of your agents apart from Royal Mail, to this effect, for you to send a door step collector will be considered trespass and harassment and you will be held liable and reported to the relevant authorities.

 

You have threatened that you may take court action against me;

 

I will be vigorously defending any court action.

 

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules,

 

I am entitled in order to enable me to file a defence and counter-claim lawfully entitled to request specific information regarding the account, to be provided forthwith.

 

Given that you have stated that this matter may be subject to legal proceedings, if you decide to embark on this course of action, you are obliged to disclose under the rules, the following information and documents must be supplied to me as detailed below;

 

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

 

 

2. All records you hold on me relevant to this case, including but not limited to:

 

 

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

 

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

 

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

 

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

 

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

 

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

k. A copy of all account statements for the duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that through your non-compliance you are frustrating proceedings and denying me the opportunity to file a defence and counter claim.

 

In my lawful request dated to Halifax PLC on *** May 2007 I clearly requested a true copy of the credit agreement relating to the account in dispute. A “true copy” means a first generation copy of the actual signed document.

 

This document should be readily available as proof of your or your clients legal right to collect this account.

 

Your and your client’s failure to provide this documentation within the statutory time limits means your client has committed a summary criminal offence.

 

I will be highlighting this at any court hearing.

 

If you make arrangements for me to view the original documentation at one of your client’s branches close to my home, provided that the document is a fully compliant Consumer Credit Agreement under the Consumer Credit Act 1974.

 

I will immediately, after viewing, resume payments.

 

However due to your vexatious nature of your correspondence I reserve the right to make formal complaints against you and your client to Trading Standards and the Office of Fair Trading to whom I may now send copies of our correspondence as evidence.

 

Please be aware that I am logging all correspondence with you with regards to this matter and will be charging for time at the rate of £17.80 per hour as part of my counterclaim against any action you may take.

 

I trust you will deal with this matter using all due diligence.

 

[lihi]

RE: OFFICIAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006

WARNING IMPENDING CRIMINAL PROSECUTION

I have now, on dozens of occasions, informed your company that I am unwilling to communicate by phone on phone number XXXXXXX. I have informed you that this phone number is the property of my wife, and have given you an alternative phone number XXXXXX.

 

I have also asked that all corrispondance should be in writing. You are obliged, under the OFT debt collection guidelines, and both civil and criminal law, to obey my reasonable request in this matter.

 

I have sent you a harassment by telephone letter on 04/07 which I enclose in this letter, and given you plenty of opportunity to cease and desist this unwarranted and illegal harassment.

 

I place you under notice that, If I recieve any further calls from your organisation on my wifes private phone line, I will take further legal action on this matter.

 

If you continue harassing my wife and myself I may without further notice ask the court for permission to bring a private criminal prosection against the directors of your firm.

 

I reserve the right to seek an injunction from the court on this matter.

 

I place you under notice, under section 7 of the data protection act, that you must update your records to reflect my proper phone number, and to remove my wifes private phone number.

 

I consider your actions to be a significant breach of the law.

 

I reserve the right to seek an injunction against you.

 

I reserve the right to bring a formal complaint to OFCOM, the Police, THE F.S.O, THE F.S.A., THE OFT, and all other relevant regulatory Bodies.

 

Further, please note that this letter constitutes a formal complaint under the consumer credit act 2006.

 

Yours faithfully

 

NEXT LETTER

 

LETTER BEFORE ACTION

 

 

Thank you for your letter dated 16th October, the contents of which are duly noted

 

I wish to draw your attention to the fact this account is currently in dispute.

 

On the 14th August a statutory request under section 78(1) Consumer Credit Act 1974 was made to your clients to supply me a true copy of the agreement for this account together with a copy of the terms and conditions and a statement of account.

 

Your client has failed to comply with this request and the time limit of 12 working days as laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 has long expired and as such the creditor (Kay’s catalogue) is in default of my request and not entitled to enforce the account while the default continues

 

I note your threats to issue a Statutory Default Notice under s87 Consumer Credit Act 1974 and I draw your attention to the Court of Appeal ruling in the case of Woodchester Lease Management Services Ltd v Swain & Co. In outline the ruling required that a default notice served under S87 MUST contain accurate payment information and accurate figures, which inform the debtor what payments are required to remedy the breach of contract. Since your client has been continuously adding charges to this account whilst they are in default of my request, which they are not entitled to do so by statute, the figures you quote are clearly incorrect and as a result will render any default notice unlawful too

 

Since it now appears that you are dealing with this account and attempting enforcement activities I require that you take the following action.

• You supply a true copy of the credit agreement for this account along with terms and conditions and a full statement of account, for the avoidance of doubt a sample credit agreement or a new agreement taken from the back of the catalogue will not suffice

• If you do not hold the required documentation, I require that you obtain it from your client and forward it to me

• If you are unable to do so because your client does not hold the required documentation then I require written clarification this is the case and I require written confirmation that the Account has been discharged and zero balance recorded with credit reference agencies

• Finally if you cannot comply with point 3, I require that all adverse credit data is removed from my credit file with all credit reference agencies

I feel it is reasonable to ask that you comply with this request within 14 days from receipt of this letter

 

If you fail to comply I will file a claim in the Southampton County Court seeking a ruling that this debt is unenforceable under section 127 of the Consumers Credit Act 1974. In addition I will seek removal of all adverse data on my credit file, which is a direct result of your client defaulting on my CCA request and I also reserve the right to seek any quantifiable damages, which I may suffer as a result of your clients and your companies actions

 

Do not ignore this letter, if you do not understand it please pass it to someone who does.

 

Ignoring this will result in legal action commencing without further notice

 

 

 

[lihi]

Dear sir,

I wrote to you on the 25/09/06 requesting a copy of the properly executed credit agreement between either me and yourselves,or between you and any client of yours along with a proper deed of assignment.You have failed to provide this documentation within the statutory time frame.I can confirm that I am not in any way indebted to Wescot credit services and will accordingly be making no further payments to them.For the avoidance of doubt,the debt in question is in DISPUTE and as such no enforcement action can be taken in relation to it.I can further confirm that I will not enter into any further correspondence with Wescot credit services or any other credit enforcement agency;and in regard to your fees for your "services",I would advise you to revert to your client;if you beleive that I am your client you will immediately forward to me copies of any documentation which you beleive substantiates that claim.

yours faithfully

[lihi]

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of hich have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[lihi]

Sorry to have bombarded you with all these posts, unfortunately for me I have serious problems with drafting letters and with the english language otherwise I'd quite happily do it for you.

[lihi]

I told a DCA that I had died in an accident with a popcorn maker.

This was after security checks too. And he asked me to send a

photocopy of the death certificate as proof.

 

 

That's fantastic, what a pillock!

[fuzzybobble]

I love winding up DCA's.

 

Great letter templates by the way.

The first one when they threaten court action is areal gem.

Will be using that one myself tonight.

 

If you want to see what a small group of us do when we

call DCA's or they call us, look for a thread called

"Cheekiness with DCA's"

It's 11 pages of funny calls, and a few funny off topic things too.

Be warned, you will spit coffee/wine on your keyboard and

monitor. But it's great to come off the CAG site with a smile

on your face, and realising there's nothing to be afraid of.

[N.P]

Hi lihi and fuzzybobble,

 

Thanks for all the posts.

 

I`ll have a good read of them tomorrow sometime and will hopefully get a letter sorted over the weekend for the clowns.

 

Regards

 

 

N.P

[pecky1]

Good reading take your pick NP

[N.P]

Hi people,

 

Just a little update, so to speak.

 

Following on from there 7 day deadline to pay or die, which probably expired over a week ago, they have made contact again.

 

This time by telephone, they rang at 8.15 tonight. I knew who it was going off the number on the caller display and the ring tone we have set for numbers which aren`t stored in the house phone. So, I decided to answer it, as I really fancied abusing whoever was on the other end.

 

Well, guess what? It was a silent call. I mean, how dissapointing is that? They have the nerve to ring, I take time out to slag them off and there`s no one there.

 

Anyway, nothing else I can say to that, so untill next time......

 

Ciao for now!

 

 

N.P

[N.P]

Morning all,

 

Oh dear, we had another call from those bot splats at Fred this morning at 8.15. as if I`m going to pay them thousands of pounds at the time of day

 

They are lucky I was pre-occupied on the toilet.

 

Have a good day CAGging all.

 

 

N.P

[loyalbrummie]

all the best N.P , Fred got a whole heap of abuse of me the other week and touch wood they have not contacted again .

[ashmk]

Hey N.P, what a great read this thread is. Your going through a mirror process to me but im a few months ahead of you so heres your fortune telling.

 

After Fredrickson have finished with you they will pass you on to bryan carter and co whom are just fred in disguise so no panic there then, you may have to write to them saying what you have already said once to fred as Bryan carter is a little dim.

 

After you tell Bryan carter where to go they will fire of a couple of standard letters to you claiming that this is what the costs 'COULD' be if they were to goto court. they will then go quiet and a few months later you will recieve your Cabot membership pack !!

 

I can only assume Freds/BC passed mine back to argos and they sold it on which is a bit naughty. When I pulled Cabot up on this matter they claimed they had brought the account way back when Fred/BC where sending me spam so I dont know what they were playing at. Seemed like freds/bc were pulling a fast one.

 

Then you have to start the whole letter writing process all over again with cabot.

 

I have now CCA'ed Cabot, which really I should'nt have to if they had followed the law but nethertheless its got to be done. Im expecting back the same application form that Freds/BC had.

As im one for calling companys and enjoy it, I called Cabot and asked why they were asking for payment when I had CCA'ed them, they said they hadnt recieved it so I sent another for good measure. I also got the guy on the other end of the phone to admit that all they have as evidence was the same application form I had already been send from Freds/BC, I told him its not a Properly excuted CCA so it means squat but he knew better than me and told me its compliant with the law.. Moron.

 

Anyway the intresting part is he said cabot would never goto court as its such a small amount of money (£200 odd ) although I tend to think that was his cover story for me knowing more than him.

 

So now Im just sitting back chilling waiting for cabots next move (which will be pitifull).

 

Hope my ramble is helpfull to you.

 

 

Remember as in real life, No-one can predict the future so this may not happen to you but its a good outlook of what 'could' happen.

 

good luck in your quest, Ill be watching

 

[dannyboy660]

 

They are lucky I was pre-occupied on the toilet.

 

 

N.P

 

 

I know what you mean with that one. Wild horses couldn't drag me out while I'm seeing an old friend off to the coast.

[N.P]

Hi boys and girls,

 

I had another call from those fools at Fredrikson International again today.

 

It went something like this -

 

 

 

Phone rings with an unknown number and ringtone - although I knew who it was.

 

Me - What?

 

Fred - Can I speak to N.P?

 

Me - Why?

 

Fred - Is that N.P?

 

Me - Who`s asking?

 

Fred - It`s Ben from Fredrikson

 

Me - Who from where?

 

Fred - Ben from Fredrikson, Fredrikson International

 

Me - Nice name, never heard of ya, what do you want?

 

Fred - I`m just calling with regards to your Argos Account?

 

Me - What about it? What`s it to you?

 

Fred - Can you just confirm a couple of things for me? Can you confirm your Post Code and your ........ (I`m bored now, so I butt in)

 

Me - I`m confirming f*** a**!

 

Fred - Errrrrr, right, fair enough - click.

 

 

 

These ding dongs call you then they hang up on you? What a plonker, how the hell am I suppose to take a gorilla in this nasty business, with a military manner called Ben serious? It`s a joke! Grizzly Addams had a Bear called Ben.

 

Anyway, no offense to any CAGGERS out there called Ben, LOL.

 

Catch you all later.

 

Regards

 

 

N.P

[N.P]

Hi again boys and girls,

 

Right, I`ve had another silly letter this morning from some plonker at Fredrikson.

 

This time they have sent me a nice little paying in Card to embarrass myself with when I take it to my local shop to pay them, NOT!

 

It reads -

 

 

 

 

 

 

Are these fools for real? Why don`t they actually do something? Like, sue me or storm our house and take everything off us instead of these silly, annoying letters? They can`t even print out letters with text in the right place.

 

Anyway, I`m having another week on the sick (when I get another note from the Dr`s), so there`s even less chance of me giving them something, LOL.

 

Ciao for now.

 

Regards

 

 

N.P

[pigsic]

Hi N.P

On Saturday mum got a letter with an application form and this time she also got a signed credit aggreement from fredrickson its the same as yours in post 82. Cant believe how long it took just dont know what to do know.

lisa

[N.P]

Hi Lisa,

 

What`s the Agreement like? Is it a good copy? Does it contain all the required Terms?

 

What`s your next move going to be? If you can`t read it you could send them a copy of one of the letters a few posts back. I still haven`t got around to it yet, although I will when they start getting nasty. Untill then, they can just fester a while.

 

I`ll have a quick look on your thread to check out how your doing so far.

 

Regards

 

 

N.P

[gd47]

Slightly off-topic, but doesn't giving someone the option to pay by credit card contravene the OFT guidelines, by virtue of encouraging further borrowing?

Just noticed that on the Fredrickson letter above.

[lihi]

Hi N.P

On Saturday mum got a letter with an application form and this time she also got a signed credit aggreement from fredrickson its the same as yours in post 82. Cant believe how long it took just dont know what to do know.

lisa

 

Argos CCA's are unenforceable, especially if they look like mine and NP's!

[N.P]

Hi gd47 and lihi,

 

Thanks for the posts.

 

 

Slightly off-topic, but doesn't giving someone the option to pay by credit card contravene the OFT guidelines, by virtue of encouraging further borrowing?

Just noticed that on the Fredrickson letter above.

 

I beleive this does, or so I`ve read somewhere. I`m not exactly what this comes under though. Does anyone have anything on this that could be used in a defence?

 

 

Argos CCA's are unenforceable, especially if they look like mine and NP's!

 

lihi, I`ve read somewhere before that Argos CCA`s are unenforceable, though I`m not sure where I read it. It might have been one of your own posts. Could I just ask, why in your opinion they are unenforceable?

 

Regards

 

 

N.P

[N.P]

Hi again people,

 

Right, I`m having another sicky this week, so we had a nice day in Durham with the toddler.

 

Anyway, WE HAVE AN UPDATE!

 

When we got home there was a letter from some arsewipe who goes by the name of Bryan Carter.

 

It goes something like this -

 

 

 

 

 

These pie eating, turd burgling knob jockeys in cheap suits don`t seem to want to leave people alone do they?

 

Now, considering they only sent me half a sheet of paper which no one on Earth can decode, no T`s & C`s, their charges are mixed up with their PPI and no REAL reason why I should pay these spotty, snotty nosed horse heads, does anyone having cool to chuck at these? Preferabbly something with a lump of dump stuck to it

 

Right, tea is up!

 

Hope to hear from you all soon.

 

Regards

 

 

N.P

[N.P]

Hi all,

 

Just a thought.

 

Could a Mod possibly change the thread title to Argos Card & Fredrikson International please?

 

Thanks

 

 

N.P