midge61 v argos card ***WON***

[midge61]

hi all

 

I sent off my s.a.r and recieved my info. Got my application form and lots of printouts.

 

After reading other threads i did my spreadsheet asking for everything that came under the heading "other debits", totalling just over £600.

 

I sent my pre lim and today recieved a reply. They claim I can only claim back late payment fees and that according to their calculations they amount to £247 (they sent another printout for this) and have offered £80 as gesture of goodwill.

 

Does anyone know whether I have to accept their calcs for £247 or do I continue for the £600?

 

Thanks in advance

[steven4064]

Hi midge

 

The answer to your question is "it depends". I like the idea that they say you can only claim back late payment fees - makes it sound like they agree with us . On a credit card or store card you can claim back late payment fees and and fees for exceeding your credit limit. Anything else under 'oter debits' you probably can't reclaim.

Does anyone know whether I have to accept their calcs for £247 or do I continue for the £600?

You don't have to do anything they say at all - its your claim. Check the charges along the lines of what I wriote above and claim that. It might be that £247 is all you can claim if the only unlawful charges are late payment charges. Do the maths and tell us what you find.

[midge61]

Hi

 

Thanks for reply. The trouble is the printouts that came with the sar don't state what the other debits are.

 

There is a column for outstanding balance, interest charged and then other debits.

 

Nowhere does it state late payment fee or over the limit fee and as they have not sent actual copies of my statements I can not check.

[steven4064]

The way forward then is to go for the whole £600 and, if it comes to court (which it won't) you can request full disclosure including what each charge actually is for. Send the LBA for the full £600. If you want, you could answer their letter and say that, as they don't distinguish between the 'other debits' you are going to assume they are all unlawful penalties until they prove otherwise. You can amend you claim at any time until you issue in court. (After that, you can still amend the claim but it costs money).

[midge61]

Hi

Thanks steven. LBA on its way.

[midge61]

Reply recieved today. It contains some gobbledygook about cheques not being honoured and the amount being added back to the account.

 

This I can understand but it still doesn't explain why such large amounts in the other db section because the balance is in a seperate column.

 

they have upped their offer to £120 though...........still short of the £600 so no deal.

 

Does anyone one have a POC template for store cards?

[sallysas]

The one for credit cards would be fine. What I am planning on doing should it get to court (and Argos are still playing their faces) is invite the judge to look at the figures and decide what should be refunded (along with the interest) as this makes it more flexible INMO. Just a suggestion.

[midge61]

Thanks sallyas will get it done next week and hope for the best.

[midge61]

I Argos another letter stating that I have tried to make their figures tally but have been unable to so will continue to claim £600 plus their interest rate of 27.9% make a total of 1k.

 

Didn't get a reply so filed my claim on 29/5/2008.

 

today I got a letter from them again stating that £262 of the amount claimed is from a bounced cheque being re added to the account.

 

I have sent them another letter stating that they did not send any statements in reply to my S.A.R and that I have had to go on their appaling printouts. Have also stated that the copy of the application form they sent me does not contain prescribed terms and claim has now been filed so I will take my chances. Have also offered to settle for £700 so will see what happens now.

[sallysas]

Don't let them worry you. If you've read my thread you will have seen that they informed the court that we settled last month - news to me. Are they really that lazy and careless?

[midge61]

Hi

 

Teir letter also said if i procede down the court route they will apply to have the claim struck out because it is inaccurate.

 

Well if they don't supply the correct info that's their fault as far as I can see.

 

Will sit and twiddle my thumbs for a bit. Good luck with yours.

[midge61]

Have been trying to contact the court as I have not heard anything and cheque not cashed.

I will have to re-do it over the weekend and take it in myself on Wed when I'm off.

[midge61]

Right i am just re doing my claim for court and confusing myself (which doesn't take much lol).

 

I have decided to adjust the amount and take off the amount that they say was for a bounced cheque.

 

How do i calculate the court cost..........is it on the sum of charges + interest + the 8% interest or is it just charges + interest?

 

thanks

[steven4064]

When you say 'bounced cheque' is that a chareg for bouncing a cheque - if it is, you should claim it back.

 

yes, it's charges + interest on the charges + 8%

[midge61]

Hi steven

It was the sum of the cheque added back to the account so I have removed that but left the charge for it bouncing on.

 

Thanks

[midge61]

Right all done .

Will take into court tomorrow to file so they don't get lost again!

[sallysas]

Have you changed your mind about contractual then or are you going to put 8% as an alternative. Have a look at Steven's goldfish thread which you can find below his posting. I ended up with everything I went for despite their playing their faces. All the best.

[midge61]

Hi

 

I've used stevens poc posted for animal-lover and claimed contractual and the 8% I just took off an amount that was for a bounced cheque.

 

It all adds up to just over the amount I offered to settle for in my last offer.

 

Hopefully it will come through in time for my son's 18th in Sept.

[midge61]

Hi

 

Claim deemed served on 7th July.

 

Heard nothing at all yet:(

[Karen22382]

How is this claim going? Any chance of an update? Am curious as have justsent SAR off fr my Dad today.

[midge61]

Hi

Not heard a thing from court or Argos.

 

They have until the 4th Aug to acknowledge claim so will wait till then and phone court if still not heard anything.

[midge61]

Phoned the court this morning. I had my dates all wrong. They had until 21/7/2008 to reply and court have not recieved anything so I have sent off a request for judgement today.

 

So will still have to wait and see.

[Karen22382]

Good luck, hope it goes well. I have just started stuff with argos for my Dad. Sent the sar off last week so in the early stages.

 

Karen

[midge61]

Hi

 

Judgement has been granted, dated 31/7/2008.

 

So how long should I wait now for them to pay up?

[Karen22382]

What exactly does judgement granted mean? Does it mean you have won and therefore they have to pay?

Edited August 2, 2008 by Karen22382
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