nfi247 v argos

[nfi247]

Hi all, i am currently battling argos and i am after a little advice please. firstly i have recieved my 'application for an argos card' form in reply to my CCA request, surely this cant be an agreement? then i have also got my statements back from my SAR except they are screen prints of my statements from 22/10/01 to 22/06/06 which are all in codes with no explanation. have they satisfied there obligations? and if not, what can i do about it? any help appreciated.

[nfi247]

Alas, argos have sent me my monthly statement today with a late payment fee after i wrote to them explaining that an application form is not an agreement in my opinion and the agreement is in dispute. how nice, i still aint paying them.

[nfi247]

my original CCA request was dated 08 may 07, to which they first of all wrote to tell me that they didnt have one to which i replied then finally on 09 Jun 07 i recieved the application form. i replied on the 16 jun 07 and have not heard back yet. any advice?

[itsamomentintime]

an application form is not a CCA

[nfi247]

Hi itsamomentintime and thanks for the reply. I agree with you that i dont believe that they have satisfied there obligations under the act but what can i do about it? they are still sending me statements and still charging me fees for not paying them. thanks

[patdavies]

then i have also got my statements back from my S.A.R - (Subject Access Request) except they are screen prints of my statements from 22/10/01 to 22/06/06 which are all in codes with no explanation. have they satisfied there obligations? and if not, what can i do about it? any help appreciated.

 

The Data Protection Act requires that the data be intelligible. If it is using codes, then these codes should be explained.

 

Write back and inform them that they have failed to meet their obligations under the DPA Section 8(2)

 

where any of the information referred to in section 7(1)©(i) is expressed in terms which are not intelligible without explanation the copy must be accompanied by an explanation of those terms.

[nfi247]

Thanks for the reply Pat, that was a great piece of info. I have wrote back to argos saying;

 

I am writing to inform you that you that the Data Protection Act requires that the data be intelligible. If it is using codes, then these codes should be explained.

 

The screen prints that you have provided do not clearly identify what all the transactions and charges are for and I believe that you have failed to meet your obligations under the Data Protection Act Section 8(2) which states amongst other things “and where any of the information referred to in section 7(1)©(i) is expressed in terms which are not intelligible without explanation the copy must be accompanied by an explanation of those terms"

[nfi247]

i recieved a compliment slip from argos with a printed a4 piece of paper that details the following:

Fees:

2003

1x10.00 late fees

2x14.00 late fees

2004

1x14.00 late fees

1x17.50 late fees etc, etc

 

this is getting a joke. is it really that difficult to do? any ideas on an appropriate response? i know what i would like to write but i dont think it will help

[itsamomentintime]

nfi247

 

i have an appropriate response - dont respond at all. stop paying if you still are.

 

they have defaulted on your CCA request, meaning the alleged debt is unenforceable, and will remain so until you recieve a legitimate answer to your CCA request.

 

keep us posted

[nfi247]

hi itsamomentintime, and yes i have already stopped paying them (just 1 month so far) but they are still asking for payment and not acknowledging my CCA request or SAR for that manner. I plan to total up my illegal charges and then hit them with court action demanding for my charges back as well as all payments made if they dont have my agreement. any thoughts, good or bad?

[itsamomentintime]

looks like you are on the right track, wait until they have comitted an offence with regards to the CCA, then start a claim for the UNLAWFUL charges to be refunded

[nfi247]

as my CCA request was dated 08 May 07, and they still have not produced my agreement i believe they have already committed an offense. what can you do about it? can you take legal action about this?

[nfi247]

to update anyone who is intrested, it seems that argos are not taking this seriously and i think it is a matter of time before court action against them. i replied to the compliments slip 13/07/07 asking for there full cooperation only to recieve a letter threatening a default notice against me (18/07/07) and another letter saying sorry i had cause to complain with the same charges sheet enclosed. I replied of course warning that the 40 day limit expires 29/07/07 and they have 14 days to comply with my SAR and CCA request or else i will be left no choice but to go to court. im waiting for a reply as i type. i even have the collections department hounding me 2-3 times a day and they never want to talk about the SAR or CCA request. wonder why?

[nfi247]

as i believe argos are in criminal default, i want to report them to trading standards and the rest but where do you find the address to write to and any ideas on what you would write in order to sound professional? any help would be appreciated.

[nfi247]

06/08/07 recieved a default notice from argos served under the CCA 1974. theres me thinking that the account was in dispute (they have been told several times, in writing) and that while in dispute, they can not default me? let alone that they still havent satisfied my CCA request or my SAR and both are outside there time limits

[nfi247]

wow, now it is starting to boil up. received 2 letters from Argos today. the first, about my SAR saying that what they have given me (see post 8) was all they were legally obliged to do and if i want statements then it will be £1 each sheet. the second letter detailed there obligations under the S78 of the CCA and after seeking legal advice, they are of the opinon that they have satisfied there obligations with the 'application' agreement.

 

now, im confident that an application form is not an agreement, nor does it satisfy the requirements of section 60 - form and content of agreements. any comments?

 

but with the SAR, not sure where to go from here. i dont think that they are any where near satisfying my request.

 

some advice would be appreciated. any one?

[pecky1]

Hi;

Hope you dont mind me subscribing only at the same stage as you with Argos they sent me my Application form with a booklet of Terms and Conditions, The one thing i did find out was that the DCA didnt own the debt Argos did. From what I can gather reading other threads and Answers i have. The application form is not a CCA and if they go to court they would have to provide the original with the prescribed items.

[nfi247]

Hi;

Hope you dont mind me subscribing

 

not at all, the more the merryier

 

The application form is not a CCA and if they go to court they would have to provide the original with the prescribed items.

 

quite right, by my reckoning. section 60 of the CCA 1974 details the form and content of agreements through its subordinate legislation - the consumer credit (agreements) regulations 1983. the argos application form is not an agreement.

 

section 127 of the CCA 1974 prevents a judge from enforcing an agreement that is not properly executed.

 

i sent argos a 5 page letter fully explaining the situation.

[nfi247]

after passing various letters back and forth, i cant seem to get argos to give me any information of relevance so i issued court action against them for non compliance on friday. they have had long enough to comply now.

[nfi247]

Recieved a letter from moorcroft debt recovery ltd on 29 aug, just sent them ther usual dont recoganise them as creditors and argos are in default blah. see what they say to that.

[nfi247]

now trading standards? if i remember right, i have to report argos to their local trading standards for breach of CCA and not mine? is this correct?

[nfi247]

receivied my notice of issue from the court today against argos and there non compliance of my SAR. they have untill 25 Sept 07 to reply

[nfi247]

well i have reported them to the OFT and to my local trading standards. they will tell me if its wrong, im sure.

[pecky1]

Good luck on this one nfi247,

Keep us posted

[nfi247]

Good luck on this one nfi247,

Keep us posted

 

Thanks and i will. I was left little choice as they are insistant that they have satisfied their obligations with a list of charges like:-

2004

 

2 x £10

1x £7

 

2005

 

1 x £7

 

this is not acceptable as how can i claim my charges back if they wont tell me all the information i need. well see what the court says. thanks for the support.