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CCA MoorCroft/Argos Card


manc1976
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Aww bless 'em.

 

You have to give them top marks for perseverance, although the minus marks for flogging a dead horse obviously means they lose!

 

I was lucky to see them off and haven't heard a whisper from Argos or any of their henchmen since.

 

Go get em Manc!!

 

xx

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Write thema short letter stating that as they're still chasing an account clearly in dispute they are in breach of OFT guidlines and the CPUTR 2008 for which you will be reporting them to Trading Standards and the OFT.

 

I was actually going to write to them and ask them to take me to court as the counter claim of wasted costs etc would probably cover the debt, lol

 

But I will go with your idea :D

It's all fun and games until someone loses an eye :D

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  • 3 weeks later...

They phoned me at home today, I refused to answer Data Protection questions and told them I will only communicate in writing.

 

No arguments from the bloke on the phone!

 

Now because the account is in default with Moorcroft, then BCW have no right to be phoning me.

 

Am not going to write to them and will see what they do next.

It's all fun and games until someone loses an eye :D

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  • 2 weeks later...
Go for it and good luck...

 

Do you have a suitable letter as I have one :) If you want it give me a shout.

 

 

Im sure Ive already sent them one, but yes, I already have a copy to send to them. The harrassment continues and can only help me in the long term.

It's all fun and games until someone loses an eye :D

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  • 3 weeks later...
  • 2 weeks later...

argos_BCW_31March09.jpg

 

Am going to reply and invite them to take me to court as I will be counter-claiming for harrassment as the account is in default with Moorcroft.

 

:D

It's all fun and games until someone loses an eye :D

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  • 2 weeks later...

bcw_argos_17April09.jpg

 

Maybe I should put them out of their misery and send them a bemused letter.

 

On the other hand, why should I tell them what is wrong.

 

Bring on the court action !!!!!

It's all fun and games until someone loses an eye :D

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  • 1 month later...

I have just had a phone call from HL Legal at work and they told me that BCW had given them my number. I told them to only contact me by post.

 

I told the woman on the phone that the account was still in dispute with Moorcroft since March last year.

 

She tried to tell me that I should have sent my CCA request direct to Argos and not Moorcroft. I told her this was wrong and explained why.

 

She started to get stroppy with me and knew she was losing the battle and said that she was going to terminate the call ( I did not swear or raise my voice!!)

 

I advised her that HL should take me to court and that I will counter-claim for harrassment etc etc.

 

She said fine. Lets hope they do :D

It's all fun and games until someone loses an eye :D

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  • 3 months later...
I advised her that HL should take me to court and that I will counter-claim for harrassment etc etc.

 

She said fine. Lets hope they do :D

 

And 6 months later I get this from Northampton County Court.

 

As this is my first one, advice is very much welcomed

 

Thanks

 

 

Argos_Court_01Oct09001.jpg

It's all fun and games until someone loses an eye :D

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Send this recorded delivery first.....but read it through as it will need editing...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 statements for the duration of the agreement*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

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