Yes wil keep you updated, at least I have upper hand, after all its defaulted as the credit agreement is not set out correctly. If it ends up in court i can just say i felt it was unfair the amount of interest being charged when not signed fo and included in agreement. so all good! May the battle commence! At least I now know i will not be battling this on my own

Thanks NP will send the letter off and see what happens! will keep you all posted. If Unenforceable will be making no further payments! Really sick of struggling financially, paying interests here and there, lost so much on recent house prices and paying over the odds for petrol, food, tax etc!! Time to fight the banks off while we have some ammo!!

Cheers Alpha If you go on my link a few posts down i have downloaded images again and they are easy to read. Appreciate any advice!!

ACCOUNT IN DISPUTE DO NOT IGNORE THIS LETTER address 19/03/09 Dear sir/madam, Account Ref:- Re: my request under the Consumer Credit Act 1974 This account is in Dispute. On 10/03/2009 I wrote to you requesting that Argos supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement also does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-- 1.Number of repayments; 2.Amount of repayments; 3.Frequency and timing of repayments; 4.Dates of repayments; 5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. Further more, since the prescribed terms referred to above do not appear within the agreement you have supplied, the agreement is rendered totally unenforceable, as the prescribed terms must be contained within the agreement and not a separate document, case law confirms this opinion I refer you to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299 ”[11] Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting the provisions of the two schedules the Judge said: "33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the minimum terms) are to be found in Schedule 1." Therefore the prescribed terms cannot be contained within a separate document outside of the agreement In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment As it stands, the document supplied by you is not a valid credit agreement nor is it enforceable by any court What I Require Firstly, I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to Trading Standards, the Financial ombudsman service and the Office of Fair Trading. I would like to draw your attention to the fact that you do not hold a signed copy of a credit agreement with my signature on it, the reasons for this is that I never signed one. Therefore the fact that they do not hold such document means that you cannot obtain an enforcement order in court. The case of Wilson-v-FCT sets this out as previously referred to above However should you believe that you have grounds to enforce this agreement, please provide me with a signed copy of the credit agreement that you would consider relying upon? Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40 Since the agreement you have supplied as it stands is unenforceable, should you be unable to produce a compliant agreement it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages. I respectfully request a response to this letter in 14 days I trust this out lines the situation Regards many thanks NP amended template to the one above! what do u espect to happen when they receive this letter. I have no charges on as yet. I sent off CCa rewuest letter on 10th recorded, recieved the letter above dated 16th March 09 with an application form signed feb 04 and t&c copy of a booklet dated July 05. I am up to date with all payments up to know, but really struggling financially at present.

Thanks Welshman really appreciate your time and advice! no nothing else was signed! what letter would be best to write to them. Can anyone else confirm if it is INVALID!! feeling a little nervous about what to do next.

thanks for that Welshman! they sent me a copy of the t&c booklet from 2005. So would you say this may be a valid agreement or is it unenforeable!!

Thanks for your help!! I feel so supported already! I have managed to apply a link to my Argos CCA thread if anyone has anytime to offer advice on how to begin my fight against the creditors!! http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/189936-argos-cca-received.html many thanks to all!!

here goes! learning well thanks welshman

how do you attach it as an image! sorry being numb! thanks

Hi All I am new to this forum but have been reading many stories and have been very impressed by everyone who is so committed to helping each other. I have got in to financial difficulty with all the rises recently and decided to send off for a CCA request for my Argos card. I am up to date with payments and have received the following from Argos! Please can someone advice if it is valid and if not what would be my next course of action to take, including the letter I should send next. I also received Terms & conditions that have been copied on to A4 that says booklet t&ts 9/05/06 but my application form was signed feb 04. many many thanks!

Just received my Argos card CCA today and it is an application form. Do i start a new thread so that i can scan it up to see if it is unenforceable. How do i start a new thread, sorry i am new to this site, but am so far amazed at the advice given!! thanks johno23