jellybabe vs Argos (Hubby's account)

[jellybabe]

Thanks LOL....you probably shake me again now, but after 7 days won't i have to send the lba first and then sue 'em?Or is that a revised lba i'm sending

 

sorry sorry sorry, i might aswell start shaking myself already.lol

[jellybabe]

ok, is this the one i'm sending?

 

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and letter fees , are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

Please find enclosed a revised Schedule of Charges.

I calculate that you have taken £753 plus £1191.29 which you have charged me in interest at your advertised rate for the sums which you have taken. Total £1944.29.

 

I require repayment in full of this money. If you do not comply fully within 7 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

Thaaaaanks,

jellybabe

 

will try and work on that letter to BC now.Am not very good with things like that but will give it my best shot

[Bookworm]

No, you see, the prelim and LBA are so that you give the other side 1 month, +/-, to give them a chance to settle out of court so that you can't be accused of having used the court system unduly. In your case, having delayed for 2 years, I think we can safely assume no judge would think that, lol. Therefore, you are out of courtesy sending them a reminder with updated figures, you give them 7 days in your infinite generosity and spirit of cooperation, and on the 8th day, you sue their backsides.

 

I was just thinking, how much did you pay in total to various DCAs over that account? if you really want to hit them, you could actually add THAT to your argos claim, as these are monies which THEIR negligence forced you to pay, if they hadn't screwed up and then refused to get matters straight, you wouldn't have had to pay the DCAs, so why shouldn't argos be made responsible for those too?

[jellybabe]

i never believed in paying any DCA

So, no moneys have been paid to them

[Bookworm]

Good girl. I must confuse you with someone else, I thought I had seen something about paying just to keep them off your back. Ignore me, I'm having a senior moment.

[jellybabe]

Wow, at least i did one thing right.lol!

 

I think in the last couple years i thought about paying just to keep them off my back, but i never actually went through with it.

[Bookworm]

Good enough.

[jellybabe]

Thanks....lol....i sthere any templates for the letter i should send...i just tried but don't know how to start

 

See, now i'm having a senior moment!

[jellybabe]

will this do?

 

Dear Sir/Madam,

 

I'm writing to you in relation to my ongoing Dispute with Argos Card Services regarding my request for repayment of Charges.

Please find enclosed a revised Schedule of Charges for your convenience and ease of reference.

I calculate that you have taken £753 plus £1191.29 which you have charged me in interest at your advertised rate for the sums which you have taken. Total £1944.29.

 

I require repayment in full of this money. If you do not comply fully within 7 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

[jellybabe]

and this to BC???

 

Dear Sirs,

Re: Account in dispute

I am writing to clarify that I am currently in the process of filing a County court Claim against Argos Card Servcies requesting a refund of charges unlawfully made to my account.

I note from your latest correspondence that you are proposing to issue me with a Court Claim on this account. I need to make you fully aware that I am disputing the sum owed and,

as such, you must refrain from any further action until this dispute is fully resolved.

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

You have fallen behind with your payments,

The amount owed is not in dispute; and

You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive.

This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

If you do not stop this action and proceed , I shall be forced to have your action stayed.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

Yours sincerely,

I just amended a different letter i had, told you i'm not too good with wording letters like that.

 

I'd rather just used two words

[Bookworm]

Personally, I like to keep it clear and simple, I don't use legal jargon if I can help it. Better write something simple you understand than quoting a CPR and if someone asked you what that part of the CPR means, you go "hmmmm". But ultimately, as long as they get the message, that's all that matters.

[jellybabe]

mmmh...you might be right there, i suppose you meant the letter to BC?

I will try to make it short and sweet then.

 

Is the other one to Argos ok like that?

[jellybabe]

and this to BC???

 

Dear Sirs,

Re: Account in dispute

I am writing to clarify that I am currently in the process of filing a County court Claim against Argos Card Servcies requesting a refund of charges unlawfully made to my account.

I note from your latest correspondence that you are proposing to issue me with a Court Claim on this account. I need to make you fully aware that I am disputing the sum owed and,

as such, you must refrain from any further action until this dispute is fully resolved.

If you do not stop your actions and proceed , I shall be forced to have your Claim stayed.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

Yours sincerely,

I just amended a different letter i had, told you i'm not too good with wording letters like that.

 

I'd rather just used two words

 

Is that better??

[Bookworm]

Yes, without the added bit after the yours sincerely.

 

Don't mind me, I'm in a weird mood tonight. I'd better be orf to bed anyway, long day tomorrow.

 

Night night and remember your mantras before you go to bed. 8-)

[jellybabe]

Thank you.....i'm chanting away....kids think i'm being weird now! LOL

 

Both letters will be in the post later today via special. I know, recorded would probably be sufficient, but i had quite a few letters sent recorded in the past and never got signatures for them!

So i am making double sure in this case!

 

Thanks for all your advice, it is greatly appreciated! xx

[jellybabe]

Both letters sent yesterday via special delivery.

Argos received theirs already and am just waiting for confirmation of delivery to BC.....

 

TICK TOCK TICK TOCK!

Is it 7 days or 7 working days Don't want to give them too much time

 

jellybabe

[Bookworm]

7 days.

[jellybabe]

Thank you, just checked on Royal Mail again....and i can't F**** believe it. It doesn't show anything if my letter to BC has been delievered!!! I thought by spending £5.05 that should guarantee me a signature and delivery confirmation, and that was the letter where i deff wanted a signature for!

I am sooooo MAD right now!

 

I suppose i will have to wait and see if the signature shows in a couple days or so......

[Bookworm]

For future info, you only need to send special if you want to make sure it has been delivered. If you just want proof that you posted it, then a free certificate of posting from your PO will do nicely. The onus is not on you to prove that it was delivered, only that it was sent.

[jellybabe]

ok, thanks...i don't know why, but i wanted to make sure he received it....probably to proof that i've sent it.

I know i know i know.......time to chant again!

[Bookworm]

LOL, you're not supposed to be more scared of me than of them!!!

[silverfox1961]

LOL, you're not supposed to be more scared of me than of them!!!

 

OOH- I dunno

[jellybabe]

LOL, you're not supposed to be more scared of me than of them!!!

 

told you i'm easily bullied...lol!

[jellybabe]

Hi everyone,

 

I have long ongoing dispute with Argos and now Bryan Carter.

 

No Valid CCA has been supplied and there are charges on the account. I know, i should reclaim those charges first. Started it a few times and then stopped it at lba stage, either due to money problems or not having the perseverance.

 

I have now received a totally unacceptable Final Settlement offer from Bryan Carter.

 

I would like to send them a re-offer of maybe 10% or start at 5%?

 

Could anyone please advice and help me with the wording on this please. I want them to know that i know the CCA is unenforcable and also that there are charges on there, which means the amount they claim is wrong anyways.

 

i tried, but i think this doesn't sound too intelligent:

 

FINAL SETTLEMENT OFFER

 

Dear Sirs,

 

Account in serious dispute

 

We write with reference to the money which you are claming on the above account, and your Final Settlement offer dated *********.

 

 

As you are aware, this account is now in serious dispute. We have made a valid request for a properly executed agreement for this account which, as of today is stilloutstanding, which alone renders this alleged debt unenforcable at Law.

 

Also, the amount you seem to Claim is likely to be partially if not wholly made up of Penalty Charges.

 

However,as a matter of goodwill and to finally resolve this matter, I am willing to offer you 10% of the amount you are claiming as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

We also request that, if accepted, you will remove any adverse entries regarding this alleged account on a all credit reference agencies and make an entry file relating to the above account as "satisfied" in full.

 

The Payment of £***.** (10% of the amount claimed by you) can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply

 

I would be grateful if anyone could help me out please.......

 

Thanks,

jellybabe

[dx100uk]

so are BC giving you a 'discount' from the full amount if you settle?

 

if so, then i'd totally ignore them

 

they'll go no-where near court for fear of a counter claim on charges/ppi.

 

i take it you have CCA'ed these people?

 

dx