Argos/Cabot - Which way next please

[up2meears]

Hi everyone,

 

Nearly two years without a dickie bird and now I've received a welcome to shabot letter to my new address.

 

Last on this was an account in dispute and harassment letter sent back in 2009, (plus a couple received from Fire threatening doorstep collection)

 

What should my next move be with this please? Can the account still be disputed until a valid credit agreement is received? Or has all that changed now?

 

Thanks in advance for your thoughts and advice

 

Up2

[up2meears]

Morning all,

 

Could a site team member please move this thread to the debt collection forum for me as I think it's in the wrong place.

 

Many thanks

 

Up2

[cerberusalert]

Thread moved to the debt collection forum.

[cerberusalert]

You could send them this; http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

[up2meears]

Many thanks for moving the thread for me, and the template letter

 

Much appreciated

 

Up2

[BRIGADIER2JCS]

An account can be disputed for

non compliance with a CCA request

but the only restriction on ''collection

activity is that the debt cannot be

enforced in court, but a claim can

be started.

[up2meears]

I've probably understood this all wrong, so sorry for sounding dumb (you'll get used to that with me ) but what would the point be of them starting a claim if the debt can't be enforced in court? :???:

[BRIGADIER2JCS]

They may anticipate that the original

creditor will ''find'' an agreement or

that an acceptable reconstituted

agreement can be produced, the

creditor/DCA then has the ''evidence''

to pursue the case through the court.

[up2meears]

Hi Brig,

 

They already sent a poor copy of it back in 2009 (well an application for the argos card) and I disputed it because it came with no terms and conditions, or right to cancel contained within it. Plus, the about me section is typed and about my employment and bank is filled in by hand? They didn't even fill in the 'for office use only' section? So I told them it was not an enforceable credit agreement and I heard nothing more until Fire stuck their nose in last year?

 

So will they be able to use this application form now as an enforceable agreement?

 

Thanks

Up2

[BRIGADIER2JCS]

I would very much doubt it,

a reconstituted agreement

must still have all the relevant

terms and conditions at the

start of the account and any

updated T/Cs.

[up2meears]

Sorry, So should I re-send the account in dispute letter and leave it at that?

[BRIGADIER2JCS]

Yes

[up2meears]

Thanks Brig,

 

Once again my knight in shining armour

 

Will keep you posted.

 

Up2

[BRIGADIER2JCS]

Always happy to help:madgrin:

[Happyhippy1959]

go for it up2, I am in the middle of an Argos fight, they sent me just a blank one !!!! then somebody else's and then have the cheek to say they have fullfilled the requirement and they don't know what Consumer Protection From Unfair trading Regulations (CPUTR) 2008.

 

As for Cabot, in the same game as you mate, with a very old YB Visa card.. they have admitted its unenforceable without it.. but will continue to wrack up the interest, smash me credit file etc etc... Go a head do your worse.

[up2meears]

Hi HH,

 

They are a total nightmare aren't they.

 

Crapbot kept sending letters to my address for an old tenant, but recognising their letters, I didn't bother return to sender. My daughter happened to return one by mistake, and that's when I received the 'welcome to the wonderful world of your friendly leeches'

 

Oh well, had a few months rest of them, seconds out round two Ding Ding!!!!!!

[Happyhippy1959]

Yo mate you got that right.... Argos was being delt with by Freds until they sent me a ladys SAR with all her information on it. Argos now dealing with me direct as I refused to deal with a buffoon outfit that can't tell the difference between man and woman. She had her original 2006 CCA enclosed, that is all I am asking for,... told them they will need it if they are going to court. Will await As for CRABOT, £60 on me outstanding bill in two months, they can go hike as I have written my last letter today to them telling them do your worst your not getting anything even if you do manage to get the original I JUST DON'T CARE ANY MORE,, there greed as got the better of them.

[zakfixit]

Hi Up2, just thought I'd add to your thread as I'm in exactly the same position as you. Practically same letters and everything !

 

In December they advised me that they were still looking for my agreement and had suspended all activity.

In May they sent me a copy of my application form and informed me that was all they had to send. I've ignored them, as far as I'm concerned if they are so sure that this is enforceable then they will take me to court. They said that if I didn't come to a suitable arrangement then I was being moved to their pre-litigation department - I've got to say that the move went very smoothly, no upheaval for me at all

Since then, I've received emails monthly (fortunately didn't make the mistake of supplying a valid telephone number) and for October's gift I have a 'External Debt Recovery Notification' letter - basically saying that they're sending someone round to collect the debt. I happily now keep all my money under my German Shepherd's collars as I no longer trust the banks. So Cabot good luck with retrieving that. (Kidding about the collars by the way, not the dogs though )

 

I'm with the previous poster's advice about not wasting any more postage. I refuse to enter into a battle with them unless it's at court.

 

Keep posting with any updates and good luck

[Happyhippy1959]

Yep Zakfixit,,,, same again, Argoose sends me somebody elses completed CCA,,, through those muppets freds, but say, we don't have to give you yours hippy here is a blank copy of what you would off signed are you saying Mr Hippy you did not sign it.. !!!! NO I am saying I want a copy of my original for my file and perusal please.... Oh no we have complied with Section 76/77 yep,,, well see you in court then if you have a case... you have already removed £80 in late payment fee's well that tells you something does it not.

 

I expect some weazel will pop out of the woodwork later....... But until such time do one. As for CABOT, don't care if they come with the original in gold platting YOUR GETTING JACK FROM THE HIPPY I would rather go BR,,, let em take me to court first and spend there fee's then go BR.... Hippy 1 Cabot 0 :mad2::mad2:

[up2meears]

Thanks for your posts guys,

 

It's reassuring to know other people understand what's happening. I remember when I felt all alone. Not now tho, thanks to CAG

 

I'm just gonna put them outta my head for now and enjoy the peace of the non link ringing phone.

 

Will be back with updates.

 

Thanks again ev1

 

up2

[up2meears]

Hi guys,

 

Quick update.

 

Well, it's been a few months but crapbot are back. This letter informing me that 'your account has been escalated to our pre litigation department'

 

Funny that this one differs from the one received in 2009 as it no longer includes the threats of 'a warrant of execution' or 'an external debt collection agency or legal agency calling on you'

 

I have not confirmed that I am the owner of this debt or that this is my address. I'm very tempted to do nothing and see what comes next.

 

Argos are next on my hit list to SAR, and as they never ever produced a valid cca just an application form I think it's better not to deal with cabot until I need to.

 

Will be back with updates

 

Up2

[up2meears]

Back quicker than I thought.

 

Have received another letter, wow, Lindsay Thomas is being a busy bee.

 

This one is another Important Notice - Please do not Ignore

 

We wish to advise you that your account continues to be in default etc etc.

 

If you do not take any positive action to settle we will either forward account to an external debt collection agent or commence legal action to recover this debt if your account meets our litigation criteria - what does that last part mean?

 

Call us immediately

 

with lots of love Lindsay Thomas.

 

I'm sending a SAR to Argos next week, should I just write a letter to Cabot informing them that I am taking this action due to missold PPI?

 

Thanks as always for your advice.

Up2

[up2meears]

Morning all,

 

I'm still waiting for my SAR from Argos, despite sending them a failed SAR letter and an email (which their website promises a response within 24 hours - which I've still yet to receive) they are choosing to ignore. I have confirmation from the post office that the postal order was cashed back in April, but and email from the post office saying that the letter wasn't delivered (is showing as being progressed through our system on track n trace), so a bit miffed.

 

Anyway, I've received an email from Equifax about activity on my credit report, when I had a look, Cabot have searched my file in Feb 2012, and twice this month - both on the same day!!!!

 

Is this allowed? Can they keep performing searches?

 

I'm looking into suing Argos for the information, but is there anything I should be doing about the searches?

 

Your help as always is appreciated.

[BRIGADIER2JCS]

Hi upto,

 

Unfortunately they can do this, it is only

when the number and frequency of searches

goes ''wild'' that you can complain.

 

What type of search was done.?

[up2meears]

Hi Brig:wave:

 

The search in Feb was for outstanding debt and the two from this month say CABOT CREDIT MANAGEMENT , a Enquiry Agent company, has made an inquiry against your credit report on xx/05/2012 . If you were not aware of or did not consent to this search, contact CABOT CREDIT MANAGEMENT or Equifax for clarification.

 

Thanks

Up2