Argos CCA - is it enforceable

[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

[questioning]

Account number:

 

Dear Sir/Madam,

Thank you for your response to my request under the Consumer Credit Act section 78

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

Hi, I have just read this thread and noticed this part high lighted above in red which no longer applies.

The offence aspects of s 77-79 of the Consumer Credit Act 1974 were repealed by Regulation 30, The Consumer Protection from Unfair Trading Regulations 2008 ........

SCHEDULE 2 Amendments

PART 1 Amendments to Acts

Consumer Credit Act 1974

20. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.

Which was .....

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

[Zaraphin]

Hi

Got reply from Argos today with an offer for charges a total insult, obviously not going to accept it has anybody any ideas of a letter I could send them refusing their offer.

ANy help would be most appreciated.

[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

[Zaraphin]

A wee update on the Argos front seemingly they will not increase their offer for charges and the FOS cannot help as they were not under their jurisdiction at the time of the charges.

 

Hadn't heard a dickybird from them for months then (Happy New Post) brought me a letter from Direct & Legal Collections with a copy of a letter from Argos saying dlc had been assigned this debt.

 

Don't know how, as this account is still in dispute with Argos as all they have sent is an application form in response to my CCA request months ago.

 

Also SAR did not turn up any other CCA apart from the Application Form they sent me.

 

I have read a lot of nasty things regarding dlc and not quite sure what to expect I have written to them to tell them account in dispute, htat was at the beginning of January 2010 no reply as yet.....seemingly they have a bad reputation of just going to court with proper CCA to get charge on house.

 

ANybody who can advise on what my next step should be....

 

Scott

[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

[Zaraphin]

Hiya

 

New Update on the Argos - dlc saga, sent letter to dlc (who have been assigned this debt) informing them that this account was in default due to unenforceable CCA.

 

Does assigned mean that dlc have bought this debt from argos ?

 

Anyway received a letter today from a company called Hillesden Securities replying to my letter to dlc (Are they connected as the letter states Hillesden Securities and the written complaints prodcedure they sent has dlc on it )

 

Cant believe a company would send a letter printed so squint they cant seem to type in straight lines see copy of letter below.

 

Copy of Letter

 

Anyway its appears from their letter they want me to send them full details as too why I believe that the agreement (Application form argos sent me) supplied by argos does not comply with the Consumer Credit Act 1974 regulations.

 

Also to send them a copy of the document that my claims are based on as this will help them resolve the matter in the proper timescale.

 

WHy would they not have a copy of the agreement(posted in previous quote above) ?

 

Do I have to tell them why I think its not enforceable ?

 

 

 

Dont like what I read about dlc (not sure Hillesden Securities) really scared they will take us to court. If they do, does anybody know if it would be a local court up here in Scotland or a court down south as they are in Northants as I have read somewhere that the court system down there tend to favour the companies and not the debtor.

 

If anybody could help me with a reply letter to HS/dlc I would be very grateful as not too good at doing letters to these companies I am sure they can read in between the lines and they know that we are quite scared.

 

Scott

[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.

[Zaraphin]

Morning Ida

 

Many thanks for your reply..you seem to have a knack with words for these letters.

 

Above Letter on its way today to the twits..will keep you all posted.

 

Enjoy your day

Scott

[Zaraphin]

Well Hillesden has raised their ugly faces once again, they have sent me a copy of the Application Form they call CCA

 

They actually state in their letter "After reviewing the document we are happy that it complies with all regulations set out by the consumer credit act 1974.

 

and

 

"Please note that as the above account does not relate to a fixed term agreemnet the prescribed terms are not required to be on the face of the agreement" Can anybody confirm this.....

 

 

The letter and application form links are below:-

 

LETTER COPY

CCA COPY

TERMS & CONDITIONS (which I think were on the back)

 

However I also have found the default notice:-

 

DEFAULT NOTICE COPY

 

Does anybody think the DN is compliant as it states 14 days but no date

 

All comments and advice gratefully received.

 

Scott