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Halfangelhalftart

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  1. Hi I have answered the questions as requested elsewhere. Any advise would be great. Name of the Claimant LOWELL Date of issue – 11 Dec 2015 Date to submit defence = 12 Jan 2016 (33 days in total) - What is the claim for – 1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Home Retail Group under account Ref xxxxx (‘the Agreement’) 2)The Defendant failed to maintain the required payments and a default notice was served 3) the Agreement was later assigned to the Claiment on 01/07/2014 and notice given to the Defendant 4) Despite repeated requests for payment, the sum of £1,815.88 remains due and outstanding . And the Claiment claims a) the said sum for £1,815.88, b)interest pursuant to the s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.398, but limited to one year, being £145.27, c) cost What is the value of the claim? £2146.15 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Argos Store Card When did you enter into the original agreement before or after 2007? 2005 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think so Why did you cease payments? I had requested reduced payments to Argos whilst on maternity leave which they agreed to but then they referred it to a collection agency so I called the account into disupute What was the date of your last payment? 2011 I think Was there a dispute with the original creditor that remains unresolved? I have sent CCR and CPUTR back in 2012 and never received any documentation Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes with Argos, see above. Thank you
  2. just had my first letter from Carter today. they will be taking me to court if I don't pay up in 10 days. well 10 days from the date on their letter..dated 18th arrived today. so I only have 5 days really. or 2 working days... Is it for a mobile phone contract perhaps? One thing.. this clause about them not having to provide a copy of the terms and conditions with your details on?? How does this help anybody?What does it prove?
  3. Would the following be sufficient? Am I quoting all the right stuff? Thank you for sending me a copy of some terms and conditions. However, as there is nothing on it that relates to me personally, how can I be sure that this has been reconstructed in relation to my account? Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). Under this act I require to advise me whether or not a true copy of my credit agreement exists.I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you. Regards
  4. Ah that makes sense. Struggling to come up with wording for CPUTR relevent to my case but will give it a go.going to make them work for their horrendous interest rate ;oD
  5. I've read, possibly incorrectly, that a debt is not enforeable unless they provide a SIGNED copy of the agreement. Argos's letter claims they don't need to send me one as part of the CCA request. Is it true they only need to provide a signed copy if they plan on taking me to court to enforce the debt?If so can I first demand they prove to me they have a signed copy?
  6. The letter from Freds states, 'we are prepared to offer you one final opportunity to pay before recommending our client they they instruct solicitors to issue a claim at [my current] address so that would be pretty fradulent of them. Got no way of checking my old address either. But thanks for the heads up Can Freds demand an income/expenditure?
  7. Ah well, Argos have got Freds back on my case since they sent me their terms and conditions but not signed agreement. Haven't had a chance to look into CPUTR. In this letter, Freds reckon they've sent a letter from Carter (I've not recieved it yet) and are offering me a full and final settlement - no figure given. I offered them one back in July 2010 when I got my redundancy but they refused it. I'm not trying to shirk the debt. It started when I had asked them if I could make smaller payments when I was on maternity leave and they were all, 'ofcourse no probs' but I had to send them an income expenditure every few months. One time it was late getting to them so they sent account to debt collection agency. Which annoyed me no end. And obviously Moorcroft and Fred's friendly banter made things so much better ;oD I'm still not in a postion to make a large payment. So, what should i do next? CPUTR them? Any advice on wording? Or just write and say I can pay them £1.50 per month by standing order? thanks for the advise guys.
  8. Ooh, never heard of that before. Will have to investigate. Is there a template on here?
  9. I've just done some research and it seems they are right. I always thought they had so provide you with a signed copy of the agreement. But this is not the case. http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf
  10. Ok folks I advised Freds of the CCA I sent to Moorcroft and then just after Christmas I got a letter from Argos with the following text: "Under s78 CCA 1974, following receipt of your £1 fee, we are obliged to send you a copy of the executed agreement and of any other document referred to in it together wit a statement showing (a) the state of the account, (b) the amount currently payable under the agreement and © the amount and due date of payments which will become due if you do not draw further on the account. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 explains what must be included in the copy agreement. Regulation 3 provides that the copy may omit certain information, including the signature box and your name and address. Regulatioin 7 provides that if the agreement has been varied the copy must include a statement in the terms of the agreement as varied." They advised that I have to contact Freds for the a b and c bits and enclosed a copy of the terms and conditions but with no signed agreement from myself. So now I'm a tad confused. Surely this isn't right? Any advice guys and gals?
  11. Hi Argos sent my debt to Moorcroft. I sent them a CCA letter. I have had no reply, but in the meantime I've been getting texts and voice messages left by Frederickson. I have had no letter of assignment to say they now have the Argos/Moorcroft debt. I did answer the phone to them one time and advised them that I had sent CCA request to Moorcroft. The guy on the phone said I'd have to send another one to them. I advised him too that I would await written communication from them as I would not speak to them over the phone. A letter arrived weeks later asking me to ring them as due to data protection they could not provide any details of the account in the letter .(as I had moved house recently is their explanation.) So, as I've had no CCA from Moorcroft, do I send an account in dispute letter to Frederickson?? Do I have to send a CCA letter to them now ?thanks for the advise guys. Cara
  12. thanks everyone.i will send an Account in Dispute letter to them as no CCA has appeared from anyone yet. I'm not trying to avoid the debt but I've had so much hassle from them when I tried to be nice and play it their way. I had agreed lesser payments with Littlewoods when I was on maternity but they kept charging me £12 per month for not making the minimum payment and then putting a non payment record on my credit file!
  13. So i can pay them £1 per month for the rest of my life but they can't take me to court at any time? Am I translating that right?
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