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    • Hi caggers, OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that). They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900. So I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold. They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs. They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request. Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure. Thanks PM
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Bryan Carter and Argos Debt


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Hi just wondering if someone can give me some advice please. I sent a CCA request to Argos over a year ago now and they sent me a copy of the application form that I filled in. After seeking advice on here I was told that it was unenforcable. Several months later it as been sent to Moorcroft then Fredricksons both of who I sent a bemused letter to and said that the account is in dispute with Argos. The last I heard off Fredricksons was that they had put the account on hold until they had got in touch with Argos. Today I have received a letter from Bryan Carter saying that if payment is not made in full within the next 14 days they will issue legal proceeedings against me. Can anyone tell me what is the best thing to do now as I have read that these people will take you to court. Thankyou for your help.

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You need to send the affixed letter to BC and enclose a photocopy of the letter you got from Fredericksons. Make sure you send by recorded delivery so he can't say he didn't receive it.

 

Keep a copy for yourself also and check on the royalmail website a few days after posting to print off the signature receipt - keep it safe with your copy letter as you may need to prove he got it if he issues a court claim.

 

Start a file for this Argos case and keep every bit of correspondence relating to it in the file. You need to keep a sharp eye on Carter as he is a slippery sod. However, there are plenty of us on CAG who can deal with him :)

Letter to Carter.doc

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Thanks for your quick reply and advice I will get that done today. Makes me feel better about things having this site to turn to :-).

 

:) you'll certainly get plenty of support here, especially where BC is concerned.

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  • 2 weeks later...

Hi I posted the letter you suggested and Bryan Carter signed for it, havent had a reply from him. Today I received a letter from Fredricksons again saying thankyou for your recent communication however we need to discuss this matter further with you. Goes on to say call our office and the account is on hold for 10 days if I do not contact them further action may be taken. I havent sent any letter recently to Fredricksons just the one to Bryan Carter just wondered if you might be able to advise me what I should do. Thanks again for your help.

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Hi, photocopy the following:

Letter you sent to Carter (including the fredericksons copy you sent with it)

Signature receipt from royal mail to prove Carter got it.

Copy of letter you just received from Fredericksons

attach all to the following letter:

 

Dear Sirs,

 

I am in receipt of your letter dated (date) and would refer you to the enclosed correspondence. I now require you to acknowledge receipt of this in writing and that no further action will be taken until my CCA request has been actioned.

Further requests for payment will be treated as harrassment and reported to the relevant authorities.

 

My costs for dealing with this matter to date are £25.00 (time, stationery, postage etc), and I would be grateful if you could let me have payment by return.

Regards

 

XXXX

 

Encs.

 

 

Send by recorded delivery and keep a copy of it all as usual.

 

Ell

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  • 2 weeks later...

Hi I have only just got your reply as I havent been able to get on here for a couple of weeks as there as been a problem with my laptop. Since I asked for the advice I have received another letter from Fredricksons saying the following.....Despite a recent letter from Bryan Carter Solicitors you have failed to discharge your debt with our client Argos Card Services. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim at ( our address). At this late stage and as a gesture of goodwill we are prepared to accept a full and final settlement on this account provided that you contact us on 0845 3136614 within 48 hours of receipt of this letter. Payment can be made by debit or credit card. It was posted on the 17th August and as of today I havent heard anything more. I feel like I am going round in circles with these people so any advice would be greatly appreciated. Can I thank you for your advice above and any other advice that you can give me.

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  • 3 weeks later...

Send the letter I drafted in post 7 and refer to the letter you have just had from them. Send by special or recorded delivery - make sure you keep a copy of the letter - also important to print off the signed for receipt from royalmail website and staple to the letter in case you need to prove they got it.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 3 months later...

I have received a court proceeding today from BC and Argos, having heard nothing from Argos in I believe about 2 years, bit shocked a week before xmas to receive this, and although the debt isnt large, and my family have offered to help me out, its almost double with the court fee, solicitors cost and interest for 1 year they are claiming.

 

Question: Do I have to pay all the additional charges as well?

Question: If I do pay, is this the end of it, and do I avoid having a CCJ

 

Because its small I am happy to just get rid of it, but am worried as I have a much larger debt with another company, that have suddenly been writing to me the last 3 weeks (about 9 letters), and phoning both my mobile and landline, twice a day for the past 2 weeks, and I am worried that if I settle this they will think they may as well come after me as well.

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