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Default Notice Served


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Argos have today server me a default notice, served under section 87(1) of the consumer credit act 1974.

I sent a CCA on the 20/03, i received an application for the card, which doesn’t comply. (i will post it up in a few hours)

 

I sent them this letter..

 

 

With regard to the documents that you sent me in relation to my request for information under the Consumer Credit Act 1974, I am still waiting for the signed executed agreement. You seem to have sent me an application form. I’m sure this must be an oversight, so I will ask you again for the proper documents.

 

I draw your attention to section 61 of the consumer credit act 1974 (an excerpt enclosed for your perusal) in that

 

“(1) A regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.”

 

Be also advised that your statutory time period has elapsed and YOU are now in default and very shortly you will have committed a criminal offence. As you are now in default NO further action can be taken on this account until such a time as the original SIGNED EXECUTED documents are made available to me.

 

This account is still in dispute and I still forbid the passing of any data to third parties, if any data has been processed illegally since my last request I shall take appropriate action.

Further if you cannot supply the proper documents and you have entered any defaults against my name I require that you remove them immediately.

All i had was phone calls, no response, apart from a statement saying i owe them money and they had added charges, so i sent this..

 

I received a statement from you 04/05/2007, on it you have charged £12 letter fee, £12 late payment fee and added interest. This is unlawful since I am within my rights to not pay whilst the account is in default.

You are in breach of the CCA 1974 and I insist that they all charges and interest is refunded.

Your non-compliance with my initial request means that your company will shortly commit an offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a Level 4 fine on the standard scale

I also sent them a section S.10, but have had no reply to any of the letters, apart from today, a default notice.

 

I will scan in the CCA they sent + default notice in a few hours, but where do you think i stand with this? All help much appreciated.

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A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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