Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

jellybabe vs Argos (rd 2)

jellybabe

By jellybabe
in Argos

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5725 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

jellybabe

jellybabe

Posted
Posted

Hi there,

i am going after Argos again. For me and for my Husbands account.

3 Questions:

Has Argos become any harder to claim against within the last year?

Have they actually truned up to court yet?

My Husband is not very confident with things like that and asked me if i could do all that for him. Is it possible for him to assign me to receive the letters and do all the negotiations and stuff?

 

Answers to the above questions are greatly appreciated.

jellybabe

Link to post
Share on other sites
  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

MilkTrayMan

MilkTrayMan

Posted
Posted

Hi jellybabe!

...Is it possible for him to assign me to receive the letters and do all the negotiations and stuff?...
Do U not live at the same address as your husband??...:confused:

...If U do, wouldn't it be easier, for U to just do the donkey work + get him to sign any letters sent on his behalf, as + when necessary??...;)

Otherwise...

What U need to do, would be to set up an Ordinary Power of Attorney to legalise your actions on his behalf.

...:)

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted

Hi MilkTrayMan,

Thanks very much for your reply.

Yes, we live at the same adress. As you said, i will do the donkey work.LOL

What about negotiations on the phone? I can remember last time someone from Argos rung me wanting to settle my 1st claim. Can we specifically ask for it to be in writing?

I just hope everything goes well again. I'm getting quite fed up with Argos now. Keep getting phone calls all the time. Thinking about sending the Phone Harrassment letter with my S.A.R.

Don't think it'll make a difference though, they are sooooo persistant.

Link to post
Share on other sites
MilkTrayMan

MilkTrayMan

Posted
Posted
...What about negotiations on the phone? I can remember last time someone from Argos rung me wanting to settle my 1st claim. Can we specifically ask for it to be in writing?

It is ALWAYS advisable to conduct matters via written correspondence.

That way U would have irrefutable evidence to back up any potential Court action, should Argos renege on anything which U have agreed on.

 

Also bear in mind that they would be likely to employ specially trained peeps to telephone U + would perhaps therefore be a tad more sharp + skilled than the average normal person that they telephone.

 

By keeping things to written letters, it also enables U to slooow things down to YOUR pace + ask more than 170,000 registered peeps on CAG for their advice/opinion...;)

 

 

 

 

 

...Keep getting phone calls all the time. Thinking about sending the Phone Harrassment letter with my S.A.R.

Don't think it'll make a difference though, they are sooooo persistant.

Personally, I'd try to keep these two different things separate, by sending two letters.

 

 

...:)

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted

Thank you once again. It is much appreciated:)

Will do as you said.

And sorry about all those questions. I have battled Argos before, but surely they are a bit more up to the fight now. Just want to do everything right. Been reading a lot of things up again on here over the last few months ( to refresh my memory)but some things are still as confusing as they were back then.

Many Thanks again!:)

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted

Ok, can't send them the letter until i get paid which is another couple weeks. But got a lot of time to read in the meantime.

I come across some Threads where it's stated that the Argos agreements aren't really enforcable?? Would that maybe apply to me aswell?

I opened my account on the 08.03.2001. And i think i can remember signing something in the shop when i applied for this Store Card.

Would it be worth going down the CCA route instead?

I'm certainly not one to run away from Debts, but they are really making my life a misery.

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted

two more question....anyone ...please?

If i go down the CCA route, does it automatically mean my debt get's transferred to a DCA?

And what is the possibillity of catalogue company's actually having an enforcable agreement?

I am completely new to this whole CCA path, and i'm rather confused now.

Link to post
Share on other sites
MilkTrayMan

MilkTrayMan

Posted
Posted
...I come across some Threads where it's stated that the Argos agreements aren't really enforcable?? Would that maybe apply to me aswell?...
Unless U obtained a Copy of YOUR Credit Agreement with Argos, scanned it + Posted it online for peeps to view it, U can't expect peeps to be able to reliably answer your question methinks.

 

 

 

 

I opened my account on the 08.03.2001. And i think i can remember signing something in the shop when i applied for this Store Card.

Would it be worth going down the CCA route instead?

I'm certainly not one to run away from Debts, but they are really making my life a misery.

Sending the £1 CCA Request Template Letter costs just that, £1 + the price of sending it via Recorded Delivery.

If U have a bona fide debt, it is up to the Creditor to be able to prove that U have.

If they can't...U don't legally have a debt to them...simple as that IMHO.

...Morals just don't enter into it...:cool:

 

 

 

 

...If i go down the CCA route, does it automatically mean my debt get's transferred to a DCA?...
In short NO.

However, if U are sending a £1 CCA Request Template Letter, an original Creditor is MORE likely to be able to supply a true copy of a Credit Agreement than a DCA.

When debts are sold on (...Assigned) to DCA's, they are often done in bulk purchases + not necessarily with ALL the correct documentation.

It therefore follows that a DCA's involvement is NOT always a bad thing, if U know what I mean...;)

 

 

 

 

...And what is the possibillity of catalogue company's actually having an enforcable agreement?
See earlier replies in this Post.

 

 

 

 

I am completely new to this whole CCA path, and i'm rather confused now.

Here is a link to just ONE of the many Threads on the subject, for U to browse through...

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

Perhaps U could Post back after U've read through it + explain it to me??...:confused:

...in a few months time...:p

 

 

...:)

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted (edited)
Unless U obtained a Copy of YOUR Credit Agreement with Argos, scanned it + Posted it online for peeps to view it, U can't expect peeps to be able to reliably answer your question methinks.

 

Yes, of course....sorry

 

 

Here is a link to just ONE of the many Threads on the subject, for U to browse through...

Consumer Credit Act Agreements

 

Perhaps U could Post back after U've read through it + explain it to me??...:confused:

...in a few months time...:p

 

Know what you mean...started reading that thread a few days ago already. Probably gonna take me a year to get through it, LOL

 

Thanks again for your answers. Will send off for my CCA. My only worry was that my debt's aren't with any DCA's yet, and i was a bit scared they will end up with one. But then, like you said, it might not be bad either.

Edited by jellybabe
Smileys ended up wrong?
Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted

sorry, forgot to include this in my last post.

What exactly is a bona fide debt?I tried to google it and also tried to look it up on here, but couldn't find a proper explanation.

Maybe just a point in the right direction would help me.

:)

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted
For Bona Fide......read LEGAL...:wink:

 

Thanks MilkTrayMan

 

Got my Letter requesting CCA ready and got my Postal Order.

Haven't handled many PO's before.....do i have to cross them or leave them the way they are. And do i have to write any thing specific on the back? Obviously my name and adress have to go on the back ( i would have thought), but have i got to say something like...only for CCA request...??

Link to post
Share on other sites
MilkTrayMan

MilkTrayMan

Posted
Posted

Haven't handled many PO's before.....do i have to cross them or leave them the way they are.

Leave the PO as it is.

Personally I would have asked a friend/family member to give me one of their cheques for £1.

This would enable U to find out EXACTLY when it was cashed + also NOT provide them with a copy of your signature, so that they CANNOT re-constitute a 'made-up' Credit Agreement...;)

...do i have to write any thing specific on the back?

The account no. to which the 'alleged' debt/Credit Agreement related to should suffice.

Obviously my name and adress have to go on the back ( i would have thought)

This would be contained in the CCA Request Letter.

have i got to say something like...only for CCA request...??

It is VERY important to contain this in your CCA Request Letter.

Otherwise, the Creditor could say that it was a payment towards reducing the 'alleged' debt balance

 

 

...:)

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted

you know what....i think you're right. no...i know you are right. I will keep the postal orders for now. Might need them for ebay or whatever one day. Will send a cheque instead.

Regarding signatures on the postal order...there isn't a place to sign on them anyway. They are the new style PO's.?

Thanks again my Knight in shining armor :D

Link to post
Share on other sites
MilkTrayMan

MilkTrayMan

Posted
Posted
Will send a cheque instead.

NOT one of your own...;)

Regarding signatures on the postal order...there isn't a place to sign on them anyway. They are the new style PO's.?

PO's do NOT need a signature...They NEVER have done.

Peeps have used them to send their £1 CCA Request if they don't have access to a cheque book, or so as NOT to supply a copy of their signature.

...The alternative that I have suggested, combines the merits of both, plus access to finding out IF they have been cashed also...;)

 

 

...:)

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted

Nope, not one of my own,LOL.

I have got a joint bank account with my hubby and wondered if he could sign the cheque for it. But maybe that wouldn't be good either, as we are pursuing Argos for his account aswell. And if he signs the cheque maybe those clever/or not so clever ***** have then got his signature.

We'll see, might ask someone else instead or go back to the PO.

PO's do NOT need a signature...They NEVER have done.

Told you, LOL, haven't handled many of those yet. :rolleyes:

Link to post
Share on other sites
MilkTrayMan

MilkTrayMan

Posted
Posted
...just sent my letter off to Argos by 1st class recorded.

It may help other peeps if U were to mention WHICH address U sent your letter to + also HOW U made the £1 payment??...;)

 

 

 

 

...OMG....only just started and panicking already.
No need to panic, just so long as U have remembered to include the VERY important NEW info contained
, in your CCA Request Letter...:p

 

 

...:D

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted

Sorry once again. :o

 

I made the payment by Postal Order and sent teh Letter to:

Argos Card Services

Royal Avenue

Widnes

WA88 1AL

Will give 'em 2 days and then i start counting down to 12. :D

 

No need to panic, just so long as U have remembered to include the VERY important NEW info contained
, in your CCA Request Letter...:p

You had me worrying for a tiny bit. Thought i forgot something in my letter and then i saw the Vid. LOL! :eek:

Link to post
Share on other sites
  • 2 weeks later...
jellybabe

jellybabe

Posted
  • Author
Posted

This is the 8th working day, still counting.

No Signature for the letter yet on Royal Mail. They are Bl***y useless.From 7 letters i've sent to my creditors i only had 4 signatures and only 1 electronic proof of delivery.

Will wait for my Statement to see if they have credited my account with the £1. Knowing them, they probably did.

Got my S.A.R. ready aswell, will send that off next week with a few of my others.

Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted (edited)

Little Update. Postman just knocked. I know what you think...but nooooo....he only delivered my/and Husbands CCA.

Look like normal Computer Printouts, no name, adress or signature. Just a blank form. Well, 8 of them. Called: Enclosure 1 (4 pages stapled together), and Enclosure 2 (4 pages stapled together). They state in the letter that the following:

"Regulation3 provides that the copy may omitcertain information, including the signature box and your name and adress."How am i supposed to know if it's mine then, without all those details.

Smelling fishy...me thinks!

 

Here is the letter i received:

[imghttp://i293.photobucket.com/albums/mm51/jellybabe26/th_ArgosCCaReply1.jpg[/img]

[imghttp://i293.photobucket.com/albums/mm51/jellybabe26/th_ArgosCCaReply2.jpg[/img]

 

 

 

 

 

 

 

 

 

Been trying for the last 2 hrs now to Link somehow to my pdf files with the scanned cca, but can't do it???

I uploaded them to Photobucket, but i think they worked out to be unreadable (too small).Anyone know how i can put a link in here for my pdf files??

Edited by jellybabe
Link to post
Share on other sites
jellybabe

jellybabe

Posted
  • Author
Posted (edited)

Ok then, not sure if they're big enough, but here they are:

 

 

http://i293.photobucket.com/albums/mm51/jellybabe26/ArgosCCa1of4.jpg

http://i293.photobucket.com/albums/mm51/jellybabe26/ArgosCCa2of4.jpg

http://i293.photobucket.com/albums/mm51/jellybabe26/ArgosCCa3of4.jpg

http://i293.photobucket.com/albums/mm51/jellybabe26/ArgosCCa4of4.jpg

 

http://i293.photobucket.com/albums/mm51/jellybabe26/Argos/ArgosTCs2of4.jpg

http://i293.photobucket.com/albums/mm51/jellybabe26/Argos/ArgosTCs1of4.jpg

http://i293.photobucket.com/albums/mm51/jellybabe26/Argos/ArgosTCs3of4.jpg

http://i293.photobucket.com/albums/mm51/jellybabe26/Argos/ArgosTCs4of4.jpg

Edited by jellybabe
Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...