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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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Targus

Argos Refuse To Issue A Cash Refund

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We have a store card with Argos - it's called an 'Argos Card', but just to be clear, it is NOT a credit card.  (The credit cards Argos offer are separate and different, and we don't have one of those).

 

We purchased a product from Argos in September this year.  The purchase was on the Argos store card, to which we then made repayments each month by direct debit from a bank account.

 

By November, the product was faulty.  At this point, there was still some of the balance owing.  Argos collected the product and took it back under warranty.  Argos were unable to offer a replacement item as they have stopped stocking it, and we decided not to purchase an alternative from Argos.

 

This is when the problems started.  Argos then refunded us (i.e. refunded our credit payments) to the Argos store card itself, rather than the bank account, and Argos refuse to issue a cash refund to us of the payments we made up to November.  They insist that the 'refund' must take the form of credit to the store card only, despite this being our money (paid for a faulty product that Argos have taken back).

 

My question is:

 

- Can we insist that Argos issue a store card refund to us in cash?

Edited by Targus

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surely if its on their card is there no mention of what happens to any outstanding credit should you wish to cancel it?

they cant just keep it...

 

 


please don't hit Quote...just type we know what we said earlier..

 

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4 minutes ago, dx100uk said:

surely if its on their card is there no mention of what happens to any outstanding credit should you wish to cancel it?

they cant just keep it...

 

 

 

We will need to look at the terms and conditions, yes, but my understanding of the general law in this area (I may be wrong, as I'm not an expert) is that Argos must issue a cash refund if this is requested/insisted on.  But I would appreciate it if somebody who actually has knowledge of this can confirm one way or the other. 

 

Morally/ethically, it is a faulty product and we are asking Argos to repay what we paid for it under circumstances where replacement is not available.  This does seem reasonable, but is that the law?

Edited by Targus

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No expert but I would think that they have to refund back to the card to cover money laundering issues. That said, can't you cancel the card? That way, they will have to refund any outstanding credit balance back to your bank account that direct debits are taken from. Know it's a pain but possibly a solution?

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it's the only solution.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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opps link didn't post 

its covered under the CRA they must refund to the source.


please don't hit Quote...just type we know what we said earlier..

 

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This is just like vouchers and gift tokens.

If you tried to return it because you simply have changed your mind then I would say you would have to accept the credit back onto the card if that's what they insisted on. However, because the item is faulty and they are in breach of contract then I think you are entitled to the cash.


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As it is covered by a credit agreement you cant be in credit on the card so they ahve to refund the balance in cash ior to your bank account

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