Argos Card & JB Debt Recovery

[N.P]

Hi people,

 

Well, time for an update.

 

After recently receiving a letter from Morecrap stating they are unable to supply the requested CCA, only this morning I receive a letter from Fredrickson International, stating they are acting on behalf of Argos Card Services and require Full Payment or they are going to kick my head in. Seem`s that these idiots are trying to spoil my Christmas now.

 

I guess I send the usual `what you playing at? this account is in dispute` letter? Should I also inform Trading Standards of Argos`s dodgy tactics?

 

I look forward to hearing from you soon.

 

Many thanks in advance.

 

Regards

 

 

N.P

 

 

 

P.S. Hi pecky1, I know your watching.

[Curlyben]

Try this

 

Account In Dispute

Letter Before Action

 

Dear Sir/Madam,

I refer to my recent correspondence with Moorcroft concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As Moorcroft have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If Fred chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

[N.P]

Hi there,

 

Thanks our Curly friend.

 

I noticed this letter has references in to Morecrap. Do I need to edit anything in your letter or just send as it is?

 

I`ll be sending it in the post Monday morning, so if there`s anything I need to change, then I have time.

 

Thanks again.

 

Regards

 

 

N.P

[Curlyben]

I'd leave it as is, as Moorcrap have admitted they cannot supply on the CCA, so they have caused problems

[pecky1]

Hi NP

Will follow this with interest to the reply if any from Curlybens letter.

[Hopeful1]

Hi NP, just popping in to say "hi". It is unlikely you'll have much grief after you've sent CB's letter.

 

Keep us posted

[N.P]

Hi pecky1 and Hopeful1,

 

Thanks for the posts, everything is much appreciated.

 

I`ve just noticed on the recent letter from Fredrickson, the balance has gone up by £12. Surely this can`t be the £12 fee applied by Morecrap for sending out the letter as per the terms and conditions of the Credit Agreement they failed to send. Should I possibly add a line or two about this or charge these numpties £12 for me sending CB`s response? I could give them 14 days to pay up then whack in a N1 Court Claim.

 

Does anyone have any comments on this? I`ll be posting CB`s response first thing Monday.

 

Thanks again guys and gals.

 

Regards

 

 

N.P

[Curlyben]

They can add £12,000 if they wanted, but without a CCA they are urinating into the wind

[pecky1]

Hope they are wearing WATERPROOFS!

[N.P]

Hi pecky1,

 

Don`t you just love playing games with these empty head`s? Heh heh.

 

Regards

 

 

N.P

[N.P]

Hi folks,

 

Update!

 

Just received a call from an 0845 number, 8.45pm. We ignored the number and I redialled it with 141 in front and guess who it was? Yep, Those fools at Fredrickson. There was just an answering service saying I was placed in a que, so I just hung up. I have no intention of talking to these moron`s. I was just curious as to who rang.

 

Regards

 

 

N.P

[Hopeful1]

Now come on NP, you shouldn't be so harsh. How else are people meant to entertain themselves on a cold winter's night? Good grief, cut the poor devils some slack...

[N.P]

Heh heh,

 

Thanks for that Hopeful, well, I could give them a load of abuse but I`ve been up since 4.30 this morning and I`m tired and can`t really be bothered with some snotty little part time college punk on a power trip.

 

Regards

 

 

N.P

[N.P]

Hi again,

 

Nothing exciting to report today. Although we had another call from the fools at Right Said Fredrikson today, no one in to answer though, just as well.

 

Anyway, Curlys letter from Post 52 was posted Special Delivery today, I`m a little behind on this one, but what the hell. Thanks again Curly.

 

Right, time to scoot, catch you all later.

 

Regards

 

 

N.P

[N.P]

Hi again,

 

Has anyone checked out the website for Freds? It`s really scary, LOL

 

Welcome to Fredrickson International Ltd

 

Regards

 

 

N.P

[N.P]

Hi again,

 

I like the Litigation Services page -

 

There objective is to sort out the `Can`t Pay` from the `Won`t Pay`. They don`t say anything about the `Can`t Claim Cause We Don`t Have A CCA` or anything like that.

 

Regards

 

 

N.P

[Curlyben]

Shame they can't tell the difference and treat everyone as wont pays

[N.P]

Hi all,

 

Finished work this morning at 11, I was on a 6-2 today, but went in late, at 8, LOL. I now have 19 days off for Christmas. Yippee!!

 

I`d just like to take the opportunity to thank everyone helping me with this thread and wish you all a very Merry Christmas and all the best for the New Year.

 

Right, that`s the nonsense out of the way.

 

We have an UPDATE!

 

CB`s letter was delivered this morning before 9, by Special Delivery. The dame thing cost me £4 odd, but at least it gets there and was signed unlike bog standard Recorded Delivery.

 

Anyway, the knob splats have rang AGAIN this afternoon. Can you beleive these arse wipes? I also included the section from the Telephone Harrassement Letter (did I spell that right? Who cares!) and also a line reading `I WILL NEVER SPEAK TO YOU`, yet the bum holes STILL ring. Unbeleivable or what? I think I spelt that wrong too.

 

Anyway, just thought I`d let you know.

 

Right, I`m off to Starbucks for a brew. Catch you all later.

 

Thanks again

 

Regards

 

 

N.P

[Hopeful1]

NP, receiving the letter and reading the letter are 2 VERY different things

 

Hope the coffee was good. I've got another 2 days left and am then off for 2 weeks.

 

I love Christmas too

[N.P]

Hi hopeful1,

 

Thanks for the post. I bet you can`t wait for you holls eh?

 

We haven`t had any more calls today, just the one this morn. One of the halfs whitts must have read it.

 

They`re probably trying to spoil my Christmas, because they haven`t any friends or family to share it with.

 

By the way, the coffee was good, but at £3.30 a mug it want`s to be bloody brilliant.

 

Hope you have a good Christmas.

 

Regards

 

 

N.P

[pecky1]

Hi NP

Have a good Xmas some people get all the luck to have 19 days off. As for the phone calls be interesting to see if you get one on XMAS day, as they are so desperate to contact you. Perhaps they dont celebrate XMAS.

Have a good one

Pecky1

[N.P]

Hi pecky1,

 

Good to here from you again. Yeah, if they ring on Christmas day I`ll tell them exactly where to go, no holes barred, so they say.

 

Does anyone know what this bunch of smack heads are like? Are they just like the usual bunch of annoying turd burglars?

 

Are these DCA`s allowed to pass a disputed account around to one another and hassle people without even showing up with an application form, let alone a CCA?

 

I think a letter of complaint to Trading Standards regarding Argos`s behaviour is in order. Anyone have any idea`s on this?

 

Regards

 

 

N.P

[sillygirl1]

There is nothing 'legally binding' which stops a DCA from passing an account around, usually from one floor of a building to another in the case of HFO and Turnbulls Solicitors.... and the same with Westcot and Moorcroft....

 

They think they work outside the OFT guidelines, a phonecall to my house on Xmas will reveal one very drunk Scotsman who will tell them what to stick up their kilts!

[Hopeful1]

A continuous passing around of accounts is usually a sign of incomplete paperwork

 

One more day left. I might be posh like you NP and treat myself to a £50 cup of coffee

[N.P]

Hi again,

 

£50 cup of coffee? I like that, heh heh. You have been to Starbucks then?

 

I was there earlier, around 7pm, I had a Eggnog Latte. If I`d have taken the other half and toddler then it would have come to around £50 I think. I bought it using the money I`m not paying Argos, as well as having driving lessons. I might as well put it to some use. I guess Argos have already had more than enough from me in extortionate interest.

 

Anyway, back to business. It`s been all quiet today, no more calls from Freds. Perhaps they HAVE finally read my letter, or maybe they can`t read at all. Who know`s?

 

Right, the Hitcher is back on so back to the TV, catch everyone later.

 

Thanks for the posts.

 

Regards

 

 

N.P