Argos amd DCA'S partly given up the ghost on me?

[AtlantisZPM]

In your letters on photo shack you can see your name and address details. I would remove the links with immediate effect.

[j_semple]

Not had any more progress (Just keeping you all up to date as I like to do that often) Won't be here to the end of the week after this so I'm not sure if any more letters are already on their way to me or what not. If anything is then i'll post it when I get back to advise me of the next step (and if I don't reply back at the end of week then there was obviously nothing)

[j_semple]

Update:

 

Now got a letter of Intended Litigation from them. Should I scan it up for people to look at?

[j_semple]

I shouldn't be posting this but I do need a little advice now. It's all related to this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?260756-Moorcroft-Argos-Card-Me

 

Already done the CCA and all they sent was an application form. Never heard anything more to the litigation letter today. Should I scan it up?

[alfwithhair]

If its from Moorcroft then it is just another of their childish attempts to intimidate you in to contacting them so they can extort money from you.

 

Just ignore it

[j_semple]

It is from Moorcroft. Saying they want the money by Monday.

[alfwithhair]

Just ignore the idiots, if you have put the account in dispute due to their failure to supply a valid CCA, there is no need for any further reply

[j_semple]

Hm well OK. I'll scan the letter up and put it in my original thread

[count orlok]

Don't tell me, it's from their Pre-Court division, and is valid even if not read by you!

 

Ask them for the address of the solicitors so that you can send them the CPR request.

 

No need to scan the letter it is a template used many times, every one that has had dealing with Moorcroft have had one. That reminds me I have to bundle mine up to send to the OFT for something they are looking at

Edited August 25, 2010 by count orlok
added bit about not being read

[j_semple]

LOL Yep its from their "Pre Court" Division.

 

Address of solicitors and CPR Request? Now you've lost me.

[fuzzybobble]

I have never seen Moorcroft take anyone to court yet. They just collect on bhealf of Original Creditors, so have no legal powers to start a court claim as they don't actually own the debt.

 

I have had that many letters from Moorcroft over the years from their Pre-Court Division and notices of inteded litigation. I must have enough to wallpaper the toilet with them.

 

Whenever I get any junk from Moorcroft now, I just shred and bin them. No point in opening them as I virtually know all their template letters off by heart now.

[j_semple]

Sounds good to me What is the likely next option though? They likely to pass it on or whatever (it is for a heavy amount this 2 grand) well was 1800 but it's jumped. In the thread I did mention, I CCA'D moorcroft as some of you probably saw and all they sent me was an application form which I have scanned on my PC. Wrote the account in dispute and then got the letter I got yesterday.

[Halibutt]

j - if all they sent you was a scan of an application, then that's an "epic fail" on thier part. To comply with a CCA request, they need to send you a true copy of a credit agreement, a copy of the terms & conditions in force at the time of signing, a copy of the terms & conditions currently in force and a statement of any/all payments made to the account since it was opened.

 

If you've sent the account in dispute letter - which clearly states that they cannot pass the account on when in dispute, then if a new DCA contacts you, then you can simply send them a copy of the disputed account letter, informing them that they should pass the alleged debt back to whichever company they bought it from.

[j_semple]

OK They did reply to the dispute letter saying that only the terms and conditions would have came with the original application form. I never got a copy of them though which they know they should have done. Somebody from the site team (I forget his name) said leave it which I did and we had yesterday's effort. I ain't gonna fret about it though as you all said the litigation letter is basically wallpaper

[count orlok]

Under Civil Procedure Rules (CPR) you are entitled to have view of the evidnce that is being used against you. Viewing this "evidence" will allow you to make an informed descion on whether to fight them or come to an agreement and save the courts time (and added costs). Moorcroft themselves cannot take you to court, so you want the name and address of the solicitors to send the request for the evidence.

 

They are trying to scare you , but by doing this you pass the ball back to them, and if the unlikely does happen and it goes to court it makes you look good and reasonable, by trying to save the courts time.

 

This also lets them know you know the rules of the game and they can't frighten you. If they contimue to threaten you report them to the OFT via consumer direct.

[j_semple]

Kind of makes sense. Should I request that from their solicitors incase they get back on to me? I'm not scared and not going to respond to them direct (which I assume is the correct thing to do)

[count orlok]

There probably are no solicitors, but if there are you'll need their name so you need to write to Moorcroft to get the address. Bearing in mind Moorcroft can't take you to court, only the original creditors can and to do so they need a solicitors.

[j_semple]

Right. Basically sit back and do nothing and if I get a letter threatning solicitors and court then contact moorcroft or the original creditor in this instance which is Argos?

[count orlok]

Its up to you, the CCA request has not provided anything they can use in court, but then it does not have to. Now they have threatened court, even if not read by you, you can use CPR to find out what they have. Personally I would use it to find out if they have an enforacable agreement.

[j_semple]

Sorry double post.

Edited September 3, 2010 by j_semple
double post.

[j_semple]

MAJOR update regarding this. (Got this sent to my email)

 

 

Dear Mr

 

 

 

Our Client: Argos LTD

 

 

 

I write further to my recent correspondence with regards to the above account.

 

 

 

From the information available to me, it is my understanding that you are unhappy with contact from us.

 

 

 

I would like to begin by reassuring you we receive all accounts in good faith from our clients and believe the information provided is accurate and the account is free from dispute. It is our understanding that accounts of this type are referred to us under the terms and conditions of your contract with our client. We would then seek to initiate contact with the accountholder in order for us to bring the account to a satisfactory conclusion. Obviously the accountholder does have an opportunity to make us aware of any further information that may need to be considered or disputes on the account they believe remain unresolved. Where this is the case we would cease collection activity whilst we investigated this information further.

 

 

 

Our records show that we received a request from you for a copy of your credit agreement. This matter was brought to our client’s attention and it is their understanding that they have provided the relevant documentation associated with your account. However, there does appear to be a conflict of opinion here between your perception of the account in question and the views expressed by our client. Whereas I would ask you to accept my assurance that we have been acting in good faith on the instructions of our client, it is clear that there is an impasse here with regard to the account. I believe therefore that the most sensible course of action would be for the company to return the account to our client and to cease any further activity with regard to it.

 

 

 

With regards to your concerns regarding our contact and your suggestion of harassment I would stress that it is not our intention to harass any member of the public. We merely wish to enter into dialogue to bring this matter to a satisfactory conclusion, in the interest of both parties. Our records show that we have tried to assist in this matter but as stated above as you believe this matter remains unresolved, we have now closed this account and have returned to our client. I would stress that any future action or decisions would now lie with our client and therefore I suggest that you contact them directly should you have any outstanding concerns regarding your account.

 

 

 

I would also like to take this opportunity to remind you of the role of the Financial Ombudsman Service (F.O.S) http://www.financial-ombudsman.org.uk. In the event that you are unhappy with my response to your query, you are entitled to refer matters to the F.O.S, provided you do so within 6 months of the date of this letter.

 

 

 

Yours sincerely

 

 

 

 

 

 

 

 

 

Paula Huddart

 

Compliance Officer

 

Compliance Department

[ronnieunhappy]

its bad

[ronnieunhappy]

thats bad

[count orlok]

Excuse me but what is bad? Seems to me as if Moorcroft have given up. Although it does seem early even for them.

[j_semple]

I know this is quite a bump up (And Not related to Moorcroft as such) I was going through my documents the other day and I found my original default from Argos regarding this. It's ineffective as it contains no date to remedy the situation. Should I keep this handy as I have no dobut another DCA is going to come crawling out of the woods soon?