Hi Guys

Some time ago (about 12 months) I sent a credit agreement request letter to Argos for an account taken out prior to 06/04/2007.

I was sent a signed application form that contained no prescribed terms and conditions so I told them it was unenforceable. They sent it out to about 3 DCAs in turn all of which received the same answer from me

I heard nothing further until today when a letter arrived from Argos saying they have sold the debt to Lowell as no good reason has been given for not making payments.

I also had a letter from Lowell today saying they have bought the debt and now want payment as I now owe them.

Anyway, is there a standard letter on here for when a debt with an agreement containing no prescribed terms and conditions has been sold to a DCA?

No don't think there is a template letter. If you write to Lowell, they will ignore you and continue to chase.

You could write back to Lowells to advise that Argos following a CCA request, could only supply an application form, which did not contain all the relevant prescribed terms and conditions required under the CCA 1974. Advise Lowell that you are not sure why Argos have sold them the account when it was in dispute and continues to be in dispute.

Send by recorded and see if you get a response.

You could use something like this

Dear Sirs

 

ACCOUNT NO: XXXXXX

 

Your attention is drawn to the fact that this account is subject to a serious dispute. On XX/XX/XX, I requested that [ORIGINAL CREDITOR] supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 77-79. To date [ORIGINAL CREDITOR] have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to [ORIGINAL CREDITOR] , nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

In line with FCA Guidance surrounding Unenforceability, I presume you're aware that the FCA has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement

• copies of some of the other documents mentioned in their agreement

• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to

• get a court judgment against the debtor

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place. I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made,

 

Yours faithfully,

 

 

Sign using a computer font