Argos and DLC

[PeterM68]

Good evening!

 

This is my first post on CAG having spent a lot of time reviewing previous threads.

I have a question that I'm hoping someone may have some advice on.

 

My wife has an Argos card with an outstanding debt of £450.

The late payment is £43.

 

I recently became unemployed and was keen to ensure the debts we had were dealt with promptly.

Having contacted the StepChange charity, they advised a £1 payment to all creditors.

I have a lot of support from them all apart from, you guessed it, Argos.

 

The debt owed to them is the smallest yet they are the most difficult.

Their "helpline" staff are just plain rude, even calling my wife a liar.

 

Argos insisted that the minimum payment had to be £5, which we cannot afford at this point as all of the other creditors would then expect the same.

 

It went quiet with Argos for about 4 months when we then received a default notice,

followed by a phone call where we, yet again, explained the situation.

We now have a threatening letter from DLC.

From the advise and templates on here, I can easily deal with them.

 

My wife took out the card before we got married so it is in her previous name.

Argos wanted the original marriage certificate which we refused to send as we didn't trust them not to lose it!

We've been married for almost 9 years and the bills have always come to the correct address but with the wrong name.

Before I was unemployed we always paid on time.

 

I am going to send the CCA letter to DLC and a stroppy letter to Argos,

but just wanted to get opinions on the fact that they have the wrong name on the agreement

and effectively no-one by the name they are sending to lives at our address.

What are the implications of this from DLCs perspective?

 

To be honest, I don't like the idea of not paying my debts,

but frankly Argos have been so unsupportive and downright rude that it has got my back up and I'm now in the mood to be very difficult.

 

Thank you in advance for any comments and feedback on this.

 

Kind regards,

 

Peter

[mikeymack2002]

Welcome to CAG is the agreement in either the wifes name married or maiden name? Is the name on the card your wife's married or maiden name, do the account numbers match the one on the card? so more info so we can advise better thx

[PeterM68]

Hi, thanks for the reply. I don't think my wife ever signed an agreement, it was the application form in the shop. If anything it would have been in her maiden name. The card is in my wife's maiden name also. Yes, the account numbers do match.

 

Kind regards, Peter

[Bazooka Boo]

IMO I would ignore DLC entirely, unless they actually own the debt then this has absolutely nothing to do with them.

 

What does your OH credit file say regarding this?

 

Deal direct with Argos, if they say deal with DLC see above.

 

CCA request to Argos, send it recorded delivery, they have 12=2 days to send you the agreement.

For the time being set up a standing order to pay £1 a month to Argos.

[PeterM68]

Hi, I will send a recorded letter to Argos, although they haven't bothered to reply to the other letters I have sent them. They seem very incompetent to be honest.

 

The letter from DLC states that the account has been "referred to them" by Argos, so I'm guessing they don't actually own it yet. Should I write to them stating that I don't acknowledge them in this matter and will be dealing with Argos directly and not to contact us again unless they actually own the debt?

 

I'll need to check the credit file, but I'm assuming (wrongly?) that due to the default notice, Argos will have updated it.

 

Kind regards, Peter

[PeterM68]

An update - I just checked Noodle and the Argos account isn't actually on there?!

 

UPDATED: Of course it won't show on mine....it's my wife's.....DUH!!!

Edited March 20, 2013 by PeterM68

[mikeymack2002]

dohh lol

[PeterM68]

Ok, have now checked wife's Noddle report. Shows late payment but still with Home Retail Group Services as of 28/02/2013 with an outstanding amount of £449. I also noticed that the £1 payments are not being registered even though they are coming out of my bank account through an S/O.

 

I'm guessing that the incorrect name bears no real relevance as it's showing under my wife's married name? The other interesting thing is Noddle is showing the £100 payment in December, so we are actually just on three months behind...

 

I will send off the CCA to Argos and a letter to DLC stating that I will not be dealing with them and see what happens - does that sound like a plan?

 

Kind regards, Peter

Edited March 20, 2013 by PeterM68

[mikeymack2002]

Hi Peter imho forget DLC and carry on with the payments to Argos, keep all reciepts that you have regarding the payments, because if they are not showing up maybe check the ac numbers again, also never pay a fleecing dca and never call them or go through security, just say in writing and then hang up. personally i would dig out everything regarding the debt put it all in a folder, this includes everything payments, statements, all ok and keep it all safe, come back for more advise

MM

[dx100uk]

if you dont have all the statements

 

i'd sar argos

 

i bet you've been hit with loads of £12 unlawful PENALTY charges

 

dx

[PeterM68]

Thanks both - should I CCA Argos in the first instance then or CCA and SAR them? I'll just ignore DLC

[PeterM68]

Update: CCA to Argos will go today. I have also included the fact in the letter that the default notice was invalid as no date was specified. It's quite amusing to read "if not action is taken by the date shown" when there is no date! I've also told them to no longer call as their staff are being rude

 

Will be interested to see what DLC do...

[mikeymack2002]

re post #1 send this as well but use their ref number and sent RM recorded delivery http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

it does work as well if they threaten a doorsep visit send this

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

Let us know how you get on please thx also remember they have only 12+2 days to respond to the CCA

MM

Edited March 21, 2013 by mikeymack2002

[PeterM68]

Much appreciated MM and dx. I'll let you know how it goes.

 

Kind regards, Peter

[PeterM68]

An update. DLC have written again threatening doorstep visits, solicitors etc. No reply to the CCA request to Argos as yet, but they may have another day or so due to the long Easter weekend. It has been more than 12+2 though.

 

I have now been offered a job but as it's local to me and not in London, the salary is a fair bit less. Longer term I will go down the IVA route - any thoughts on that considering a DCA is involved.

 

I'm now in a position to clear the £50 outstanding to Argos. Should I go ahead and pay through internet banking and write to DLC telling them to sod off?

 

Kind regards, Peter

[dx100uk]

bet they owe you more!

 

just pay if you must

ignore the dca

they'll catch up later.

 

dx

[PeterM68]

I have an email address for DLC - I may just send them a stroppy email

[PeterM68]

Well Argos finally sent through a small wadge of paperwork! The "agreement" is the in-store application form from 2004 and the T&Cs appear to be ones from 2008, so a clear mismatch there. They've also sent through pretty much everything that you'd get from a SAR request so I have all correspondence, statements etc. There are a fair few £12 late payment fees! It also seems to be showing two DCA £12 fees but not sure if they're showing on the statement or not. Doesn't appear to be.

 

I'm happy to pay what I actually owe them, but not the fees - any suggestions on what is the best approach?

 

Not heard anything from DLC for over a week either....

[dx100uk]

link 3 below

 

dx