Argos Card & JB Debt Recovery

[fuzzybobble]

It does look like Argos have sold a pile of unenforceables just before Christmas. I found another thread with the same letters myself and NP got, so I posted a link to this thread, so we can all share info.

 

I don't think DLC staff will be earning much commission from the Argos debts this year lol.

[N.P]

Hi Lisa,

 

I hope your doing well.

 

I don't think DLC staff will be earning much commission from the Argos debts this year lol.

 

Damn right my fuzzy little friend, they`re getting FA off me

 

I posted my CCA this morning, with your extra wording. I sent it recorded, just incase they blank it and try sending something to our old house.

[pigsic]

Hi thank you for coming back to me is this the extra wording

 

On the letter you sent on 15th December 2009 you stated you will start reporting against my credit file within 30 days of this letter. May I remind you I have never given your company my permission to process my personal information. Any adverse information you add to my credit file will be deemed as defamatory, as well as a breach of the Data Protection Act, and will be dealt with accordingly."

[pecky1]

HI NP

Mines now gone to Robinson Way think Cabot got fed up. Keep up the good work

Pecky1

[N.P]

Hi pecky1,

 

Good to here from you again. Are Robbers Way (another stupid name!) better than Cabot? They all claim to be the best in the business.

[N.P]

Afternoon people,

 

Right, we have an update to my recent CCA request to DLC.

 

This comes from Hillesden Securities, and not DLC who I CCA`d.

 

I don`t have my scanner up yet, so I`ll type it out.

 

It goes -

 

 

 

Account Number xxxxxxxxxxxx - Formerly Home Retail Group Card Services Ltd - xxxxxxxx

Thank you for you letter dated 19 January 2010 regarding the above account. I can confirm and advise the following :-

I acknowledge receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974.

We are still awaiting a copy of your payment original agreement and statement of account from our client. When these become available they will be forwarded to you. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with Section 77-79 of The Consumer Credit Act 1974.

In the meantime please provide us with full details of the dispute to enable us to liase with our client in an attempt to resolve this matter.

We have update our records to show your current address as advised.

We would like to draw your attention to the recent ruling in the case of McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement"; the judgment stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement.

Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remains intact.

In view of the above judgment the account will remain with our collections department for collections activity to continue.

So far as your Section 10 request under the Data Protection Act is concerned, we are working under the guidance issude by the Information Commissioners office on `Filing Defaults with Credit Reference Agencies` (issued on 2 August 2007 - copy enclosed). This is intended to ensure accurate and fair reflection of default information, and allow credit grantors in the closed user group to which such data is supplied to make responsible lending decisions. Debt buyers can continue this notification process if debt sellers remove their register entries.

Because we feel beleive the credit agreement in this matter is enforceable, and you are the party to the agreement, we feel we are able to continue collections activity and maintain an accurate record on your default at the Credit Reference Agencies.

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are are no developments beforehand.

Yours sincerley

B. End

Director & Data Controller.

 

 

 

Now, I was wondering. Just exactly who are their clients if they are supposed to now own this alleged debt?

 

They are waiting for the agreement, because they don`t have one yet. So how the hell do they know it`s enforceable? Are they going to knock one up to taste?

 

Anyways, any comments welcome.

 

Cioa for now.

 

 

 

N.P

[fuzzybobble]

Got a feeling I'll be getting one of these soon. Any ideas for a suitable reply, then we can put all the good bits all in one letter.

 

DLC are already over the 12+2 time limit with mine, so I might fire off a sarcastic reminder for the fun of it.

[Help48xxx]

Looks like DLC and a few other DCA's are starting to try to deter people from fighting them by citing cases that would appear to imply they, (the DCA's) are justified in their action and therefore unbeatable. I'm not buying it!

 

I have no doubt that CAGgers will come up with letter templates to blow their latest bullschmidt out of the water!

 

In the meantime, if all you ask for is a CCA then it seems pretty obvious that if they had one they wouldn't hesitate to produce one...it would take a lot less effort that writing a long rambling letter that effectively says they don't have one but may have a cunning plan to scare you into the belief that they don't actually need one...for heavens sake...they are dillusional.

 

xx

[N.P]

Hi fuzzy and Help48,

 

Looks like I`ll just have to see what they com eup with on this one.

 

If it`s the same as the CCA Argos sent, then it looks like a fake as there is no reference to Argos or the account number at all on the agreement. There is also no reference to accounts on the bottom, where the Direct Debit mandate is.

 

Keep watching people.

 

 

 

N.P

[fuzzybobble]

There are 2 sentences that can answer the following.............

 

We would like to draw your attention to the recent ruling in the case of McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement"; the judgment stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement.

 

Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remains intact.

 

In view of the above judgment the account will remain with our collections department for collections activity to continue.

Those sentences are.......... If you have an enforceable CCA. Take me to court if you want payment. Until then I will ignore your demands for money and threats of litigation.

[Help48xxx]

Agreed Fuzzy!

 

They are trying it on...big time!

 

xx

[pecky1]

No change there then!!!!! Had nearly the same letter as you NP still waiting for the agreement which they have now put on hold.

[fuzzybobble]

On the day DLC's time to provide my CCA request (12+2 days) expired they sent me a letter.

 

Basically saying.......

 

We are awaiting a copy of your agreement from Argos. When this becomes available it will be forwarded to you. (yeah right)

 

If we are unable to forward a copy of the original agreement, we will supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974. (in other words we will photoshop something and try to con you into thinking it's genuine.)

 

I have news for them. The signature they have on my CCA request letter is not mine, but a photoshopped font made to look like a proper signature. Can't wait to see it appear on a "true copy" and then have them try and say it's a copy of the original CCA. :p:p

 

I love the smell of attempted fraud and deception in the mornings.

[N.P]

Hi fuzzy,

 

So, it sounds like you received the same letter as I have?

 

I never actually signed mine, I just typed my name.

 

Like you say, it will be interesting to see what they actually come back with.

 

They will probably have a copy of my agreement, as Argos sent me a copy, but I think it`s a microfiche, but it doesn`t look right. I think it`s a knock up.

 

So, we shall wait and see. They do seem pretty persistent, but if they have purchased these accounts they probably will be.

 

Catch you late bud!

 

 

 

N.P

[fuzzybobble]

I'm really hoping they stick my photoshopped sig onto an new copy of an argos agreement. If they do, I'll have some real fun with them.

 

Nobody has ever come up with anything regarding a signed credit agreement with me in almost 3 years and 6 CCA requests, one being to Argos themselves.

 

In reality they'll probably close their "file" and sell it on to Mukky Hall or some other low life who tries to profit from unenforceable debt.

 

But one day one of them will eventually slip up, and I'll be waiting with a baited and extra carefully sharpened trap.

[fuzzybobble]

DLC are now way over the 12+2 time limit to produce my CCA. So I've fired off the "Account in Dispute" letter.

[fuzzybobble]

Still waiting for DLC to admit they have no agreement. They have sent a letter this morning offering to close the account if I pay them approx 20% of the so called outstanding amount. They also said they would amend my credit file to improve my chances of getting credit in the future. lol

 

Time to get the big guns out, and test their knowledge on the data protection act and CCA 1974.

 

Let's see how they like the threat of legal action for processing my personal data, without any paperwork that says I gave them permission to do so. And asking for money without any paperwork that says I owe them anything.

[N.P]

Hi fuzzy,

 

Glad to hear your on top of things still.

 

You know, I was just thinking if anyone has heard anything back from these cranks because it has been all quiet on my end also.

 

I haven`t received anything yet, but no doubt I will sometime.

 

Keep us posted dude, and may the force be with you, always

 

Catch you later

 

 

 

N.P

[N.P]

Evening gang members,

 

I have an update. This morning I received a letter similar to Fuzzybobble`s offering a substantial discount to close the account.

 

The alleged debt is balanced at £2600 odd, and they offer me £672 to close the account. That is quite a saving.

 

They have failed to supply an agreement, so I`m not sure if I`m going to respond to this. I may write and thank them for their offer of £672, but that would be insufficient to cover the mis-sold PPI on the account

 

Or, I could write and ask if this special offer comes with a free Sky HD box.

 

Any idea`s people?

 

 

 

N.P

[mr2mr2]

As long as the HB box, came with multiroom :lol::lol::lol:

[N.P]

Evening boys and girls,

 

I had another update at the weekend which I forgot to mention here.

 

Hillesden sent me a dodgy copy of the CCA. It actually landed the day after I received the letter from DLC.

 

It is still the same unreadable, dodgy copy which is shown throughout this thread.

 

Anyone think I should actually respond to it, or wait to see what lands next? There is still the question of the PPI. I could defend on that, afterall, anyone could have ticked that box at any time.

 

Also, if Argos have actually sold this account on, should they still be processing my data? Afterall, they are sending information back to Hillesden whenever they require. I would have thought once they sell the account on, they no longer have any right to process the data.

 

Any thoughts people?

 

 

 

N.P

[fuzzybobble]

Had a letter from Hillesdens myself, but mine said they are awaiting the documents from Argos and they will forward them to me as soon as they are available. (not a hope in hell lol)

 

They said they would update me within 21 days if there are no further developments. (Like not being able to produce anything?)

 

On monday I'll be firing the account in dispute letter to Hillesdens.

 

If they have no paperwork that includes in the T&C's that mentions data processing under the DPA, then they shouldn't be using your personal info. Neither Argos or DLC/Hillesdens. Also check your credit file, as I know Hillesdens have updated a default on mine. Without any paperwork, they shouldn't be doing that either.

 

I'll be putting a letter together in a formal complaint to both Argos and Hillesdens mentioning this and quotes from the DPA and case law, and ask them to explain themselves and make me an offer of compensation.

[Help48xxx]

All sounds VERY similar to my current confusing correspondence from DLC/Hillesden. The one thing I did notice though was the fact that Hillesden now say they are going to send a copy of the "original" documentation, rather than their previous stance of sending me anything THEY considered sufficient! Looks like they've realised that they have more chance of plaiting fog then finding an "original" document ...bless 'em. You really have to laugh at this bunch of idiots!

 

xx

[N.P]

Hi guys,

 

I haven`t been on here for quite some time, as I have basically just been ignoring all these idiots.

 

It seems they just past it around all the time now.

 

I have been wondering laterly though - would it be possible to chase the PPI on this Argos Card?

 

The card is maxxed out and has been in dispute due to the added PPI which was around £100+ per month.

 

I have been chased off every DCA under the sun on the card and it has now been sold on to a DCA who has been quiet for some time.

 

If I chase up the PPI on this card, would that be an admission of liability on this card? Would they then be able to chase me up for this?

 

Who actually would I chase up? Argos or the DCA?

 

If I chase Argos up, would that then make it easier for the DCA to chase me up?

 

I look forward to hearing from you guys on this.

 

Thanks

 

 

N.P

[pecky1]

Hi NP

just read your update, I havent heard from argos in ages mine had ppi on it but to be honest i would let sleeping dogs lie, if they cant produce the cca and your not paying them why give them any thing to shout about.

Only my opinion

 

Pecky 1