Argos CCA - is it enforceable

[IdaInFife]

go for sar so you can find you what the reclaimable charges are and weigh it up

 

ida x

[IdaInFife]

send the sar to argos and send this to lovely Bryan:

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

This account is in Dispute .

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx 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 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 for the definition of what is required. Suffice to say none of the terms are present in the document

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.

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

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. 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 is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client 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

 

Ida x

[IdaInFife]

they generally won;t investigate indivisual complaints but put will add them to others

 

ida x

[IdaInFife]

did you send the letter to bryan carter in post 15? if so have they responded?

 

if it was me,

 

 

I would claim back the charges to reduce the balance then wait and see if i could offer a massively reduced full and final to get rid of it.

 

you are under no obligation to pay but obviously as i don't know what the balance is like if token payments would clear it in a year or to or no pay anything at all then it will drop of the creit files 6 years from default

 

ida x

[IdaInFife]

if you are not worried about your CF at the mo then don't pay as it will kill it quicker.

 

track and trace at the moment is pathetic so just wait and see if mr carter sends anything in response

 

Ida x

[IdaInFife]

edit this to suit:

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My (Request for Repayment letter) (Letter Before Action) dated xx/xx/xx indicates that you have until xx/xx/xx to respond before I proceed to the next stage of my request (before I commence legal action). My deadline remains the same despite this offer.

 

If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall return the cheque to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

(If the bank have credited your account, please use this note in place of the above paragraph)

If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

[signature

and them send the LBA on time

 

ida x

[IdaInFife]

to be honest i cannot find any argos accounts on CAG that has went to court but there are many threads in the same situ as you

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=3191951

 

also reemeber you are in Scotland donlt have charge for payments but rather inhibition orders which is a long long way off

 

National Debtline Scotland | Debt Advice | Factsheet 05 What Happens When A Creditor Takes Court Action Against You

 

 

you are doinfg the right thing stating it is in dipsute

 

Ida x

[IdaInFife]

humour them

 

send copy of the letter you sent for the dispute with a short and simple letter:

 

Dear twats

 

Thank you for you letter dated xx/xx/xx.

 

Please find enclosed a copy of the letter of dispute that Argos received on the xx/xx/xx.

 

If you wish to see a copy of the alleged agreement, then please forward your request to your client.

 

I trust now that you will pass this account back to Argos for them to deal with their non-complance.