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    • I don't think it will be especially more difficult or less difficult than trying to get the car repaired – and afterwards it will be considerably easier because you won't have the constant anxiety of having to deal with the same dealer.
    • Additionally, although on the basis of what you say, if you bring a claim against them then your chances of success are much better than 95% – the problem will be, as ever, the problem of enforcement. If this person all these people are serious about ripping people off and avoiding their consumer obligations, then you can be sure that they will be quite good at avoiding the enforcement of judgements. This needs to be very seriously thought about before you start investing money on bringing a claim which will be successful but won't bring you any return
    • Yes, a small claim is absolutely feasible. You need to make sure that you've got evidence of the tampering and also so that a judge can understand it, I think you need to get a little bit of very simple documentation about what this is and how the tampering works and what it achieves. Secondly, you need to accumulate a good file of evidence showing this person's trading activities and the fact that they are posing as a private seller when in fact they are in business. In terms of any contract, if the car is unroadworthy then it is in breach of contract. You don't give us any information about what the car is, when you bought it, or how much you paid. Please could you give us the information. Also, who are you dealing with? Don't be shy about putting this up on the forum. There is no disadvantage to you. Finally, you're talking about the wrong act of Parliament. The sale of goods act has been superseded by the consumer rights act 2015
    • I think it's best to get rid of the car.   But it's going to be a struggle.
    • Hi Lutz and welcome to CAG   We have seen many similar cases over the last 10+ years. You will hear nothing useful from the bank for at least a few weeks.   You will have triggered 1 or more markers that start the bank blocking and investigating the account - it could be large sums of cash, money from abroad, or other events.   Get the SAR sent off immediately. I would send it to :- Barclays Bank PLC, 1 Churchill Place, London E14 5HP   Send it by email if you can find an email address to use that's appropriate.   Then, as BankFodder has already said, work quickly to open a new account - this should be your immediate priority because Barclays will tell you nothing useful in the next few weeks.   If you have bought a property recently, I assume you were able to satisfy the solicitor with regard to passing Anti Money Laundering checks. However, this will not help  you get access to your money with Barclays.
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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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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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  • 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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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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  • 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.

Help us to keep on helping

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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