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


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Hi,

i have sent my DPA request to argos card services on the 31st May by signed for delivery.

They cashed my cheque,but credited the £10 to my account instead of using it for my DPA request.

I have sent the following letter on the 7.June:

Argos Card Services

Royal Avenue

Widnes

Cheshire

WA88 1AP

Account number/ID: xxxxxxxxxxxxxxxxxxxxxxx 06.06.2006

Dear Sir/Madam,

I refer to my letter and cheque of 31st May 2006 (copy enclosed). I note that contrary

To my instructions, the statutory fee of £10 enclosed with my letter has been credited to my account. I must remind you that under the Data Protection Act 1998 you are required to forward the complete response to a Subject Access Request within 40 days

Of receipt of the request and payment; my payment was credited to my account instead of being cashed on the 5th June 2006. Accordingly , you have until the

11th July 2006 to forward the details requested. Failure to produce these details within

the statutory maximum time frame will results in a formal complaint to the Information Commissioner.

Yours faithfully,

I found it on someone elses thread.....thanks for that!I hope you don't mind me using it.

I did send it by "signed for"delivery again,but on the royal mail website it doesn't show as delivered yet.

Any comments of what to do next?:?

 

jellybabe

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Help.........please......anyone,

 

i just received a load of printouts from Argos regarding my DPA request.

Could anyone tell me if i include the interest that's stated on my statements, or do i just claim the normal late payment fee.

 

thanks,

jellybabe

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That was my letter I think LOL.

 

Charge the interest that they charged you on the fees only... that's what I did. I worked out what the interest would have been with no fee, and then took that away from the interest they charged, and billed them for the difference. Do that for each month since the charge, for each charge.

 

I used their current interest rate published on the Argos Card web site, and divided it by 365 to get the daily interest rate. I then used that to calculate the difference interest for each month's statetment... it gets a bit complex but it works out to quite a bit of interest!

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Thanks for that,hope you didn't mind me using that letter.It must have worked anyway.LOL.

To the interest,i am a bit confused (or maybe just stupid:p ),about those printouts.There is a section called...FIN CHGS.........and then there is a section called......OTHER DB.I think the last one is where the charges are shown.

Why can't they just send an explanation sheet or something with it,hahahaha.

 

Jenny

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I just kept looking at it; it became clear in the end. LOL.

 

Their charges are always £27.50 as far as I can tell; just note every occurrence of £27.50 with date and you won't be far wrong.

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:mad: i think i give up with that interest calculation.I just can't seem to get

it right.I will just send the prelim letter without that.

I will still end up with £330 in my pocket (providing i'm not the 1st or 2nd to loose:) ).

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  • 2 weeks later...

Right then,sent prelim letter asking for refund of £330 on the 14th June.

Haven't heard or received anything regarding my request yet.

They received it on the 15th June,which gives them another 5 days to reply.

After that, i will send the "letter before action",is that right?

 

jellybabe

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WOW.........i actually received a reply to my prelim!

They offer me an ex-gratia goodwill payment of £125 in full and final settlement of all claims i may have against them in relation to the "default" fees.

 

now,i know i read it somewhere before.......but i can't find it nowhere:

How do i word the letter that i will be accepting the "goodwill" payment,but i will still go for the rest of it??

Please help anyone?!

Pretty Please??!:roll:

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You only need something short and sweet, a couple of lines will do.

 

My suggestion would be:

 

Dear Mr Banker

 

Thank you for your offer of £xxx.xx as part settlement of my claim.

 

Your offer is not satisfactory, although I am prepared to accept this sum, unconditionally, in part-settlement of my FULL claim of £yyy.yy.

 

I shall continue to proceed with my action to recover the remainder of my claim.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi,

on 27th June Argos received my letter accepting the money only as part settlement to my claim.

Today i received my statement showing £10 as a "small balance write-off Db".

That is for the £10 DPA fee they credited on my account,and they made sure that they got it back.

Makes me laugh!:)

Anyway........my question is...on the 3rd July,my deadline runs out and i have to send the LBA off.

On the template it starts with:

am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

Didn't they respond to my letter with the offer of £125???

Do i still include it??Or is it because they haven't reply'd to my satisfaction??

I'd be grateful if anyone could clear that up for me please.:rolleyes:

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That's if they haven't responded I guess... have they given you the £125?

 

Argos offered me £50 but they wanted to put it in my Argos Card; I wasn't prepared to accept a refund that I could ONLY use in Argos.

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No,i haven't got the money yet.And your point is worth thinking about.Why should they put it on the card when you could have the money in cash.

 

After all it's your money and you should be able to decide how and where you want it.

 

How is your claim against them going?Have you got your money back yet?:D

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i just (out of interest)calculated the 8% interest to be added when filling my claim.It's not time for that yet,but i thought it can't hurt to have it all ready to go.

One question came up:

Argos APR is 25.5%.Do i still only ask for the 8% when the time comes,or can i just change the % value on the spreadsheet to 25%.I tried both,and obviously it makes quite a difference between these two.In my case this would make to the £78 odd difference to claim.:???:

I hope i don't annoy you all with all my questions.......and i did have a good read through the forum for the last 4 or so weeks.

 

thanks for all your help already,and there will deff be a donation to your site once i got my money.:D

 

jellybabe

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LOL - a donation to me personally too? ;)

 

No, when you go to court, you're claiming the 8% you're entitled to claim on money owed to you under Section 69 of the County Courts Act 1984. However, if you WANTED to try it, you could also add the 25.9% that argos charged you; but ONLY on the amounts of the charges themselves. It's not so difficult to work out with store cards as with Bank Accounts, because by definition the account is always in debit. I did it, AND I'm claiming the 8%...

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so............they owe me £330..........8% of that would be £36.76,as calculated on the spreadsheet.And then i changed the 8% value on the spreadsheet to 25% and ended up with £114.87.

That is what i add to it also?

Does that sound alright??

 

jellybabe..........................mmhhhh,jelly8)

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mmmh,received following letter today from Argos:

Thank you for your letter of 24th June.I am disappointed that you have chosen not to accept the offer contained in my letter of 19th June.

As explained in my earlier letter it is your responsibility to make the required payments on your account.....blah blah blah

 

We do however value the relationship we have with our customers and we are therefore prepared to keep open our offer of an ex-gratia goodwill payment of £100 for a further seven days.BLAH BLAH BLAH BLAH.......and so on.

 

Now,if i remember right....that offer started with £125 which i accepted as a part settlement.By the looks of it they have totally ignored that fact.

Oh well,never mind.....my LBA is ready to go.

There time is running out on monday.

 

Now,do i have to wait the 7 days their offer is running,or am i right in thinking i can send my LBA off on tuesday?

 

jellybabe

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