Argos Card & JB Debt Recovery

[N.P]

Hi people,

 

This is my first posting in the Debt Forums and I would appreciate any help you can give me.

 

Yesterday I received a letter from Moorcroft regarding my Argos account.

 

This account stands at around £2600, I`m not sure exactly as I haven`t received a statement for a month or two and I paid £200 from my online banking last month, so I`m not sure if it went through.

 

I ran into some money problems with bank charges, some of which I have reclaimed, but these charges caused me all sort of other debt problems, and now Moorcroft are getting in on the act.

 

The letter reads (MS Word Scan)

 

 

Dear xx xxxxxxx

We are agents of ARGOS CARD, and work with them to collect payment against uncleared accounts.

Our clients records show that your account has an outstanding balance of £2677.12. They have therefore, asked us to contact you to arrange payment. I will be grateful if you would forward your payments to us within the next 7 days. Please make your cheque payable to “Moorcroft Debt Recovery Ltd’ and quote the Moorcroft reference number as stated above.

If you are unable to pay in full it is essential you or your formal representative contacts our offices to discuss payment of this account within the next 7 days to avoid us or our client taking further steps to recover your debt.

You can contact us to discuss your account by telephoning 0161 475 2812 so that we can assist you.

Please note that as we have had to resort to sending this letter and as per the terms and conditions of your agreement we have added £12.00 to the above balance.

Please do not ignore this letter.

Yours sincerely,

A.J. Martin

Debt Recovery Manager

 

I beleive there may also be some late or missed payment charges on this account and I was wondering the following:

 

Should I state the amount is now in Dispute and ask them to stop bugging me before they star?

 

Could I send Argos an S.A.R to get my account history? Would this give me more time to try and sort something out?

 

Could I also refuse to have any dealings with Moorcroft as my account was with Argos and I will deal with Argosm and Argos alone?

 

Could I also state that the £12 added on charge is extortionate and unlawfull? My letters are fully manual and cost me around 50p a time to print, package and send.

 

As Argos have past my account details onto a Debt Collection Agency, is this not a breach of the Data Protection Act as they have past this information onto a third party?

 

Has anyone anymore Idea`s how to put these people off?

 

I would appreciate any help at all.

 

Thanks in advance.

 

 

N.P.

 

 

P.S. This site is awsome, it`s like having your very own arsenal at your disposal to use against the parasites of the world.

[Curlyben]

As a rule of thumb

CCA - DCA to ensure collection activity is legal

SAR - OC to reclaim charges

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

[N.P]

Hi again,

 

Thanks for that curlyben.

 

Before I print out my letter, ready to post Monday. Could someone just confirm the following please?

 

1. The CCA goes to Moorcroft.

 

2. The SAR goes to Argos.

 

Is this correct?

 

Many thanks

 

 

N.P.

[Curlyben]

yep spot on

[Guest ArthurP]

Save yourself a tenner and just CCA Moorcroft for the time being.

 

It's been two months since I did and the blighters have still not complied but they haven't bothered me either. Just sent a letter to say they will go back to Argos to get it.

 

I gather Argos and other muppets such as them rarely have an agreement anyway.

[N.P]

Hi,

 

Thanks for that curlyben and arthurp.

 

I`ll just send the CCA to Moorcroft on Monday. It`ll also let them know that I`m no soft s**t who is going to give in to bully tactics and intimidation techniques.

 

I`ll keep you posted.

 

Thanks again.

 

 

N.P.

[N.P]

Hi again,

 

I`ve just thought. Last month or the month before I paid Argos £200 via my Lloyds TSB online banking, but since then I haven`t received any statements from Argos, so I don`t know if they actually received it.

 

That was why I was thinking of sending them a SAR. I also think I may have a few late payment, missed payment charges on too. I was thinking about going for these too to frustrate them and make them work for their money.

 

I`ll pay the account off but only to Argos and on MY terms. NOT to some morons who are just out to make money out of people who are struggling.

 

Any comments would be appreciated.

 

Thanks

 

 

N.P.

[Hopeful1]

Hi NP. As Curlyben says, i would send a CCA to Moorcroft. This keeps them busy while they try to find something. I would send a S.A.R at the same time to Argos. You can then make a start on reclaiming interest. Whilst all this is going on, the account is in dispute, so it gives you some breathing space.

 

If a properly executed agrrement doesn't appear, you can use this as a tool to settle the account. Remember though, if you want to reclaim charges, you need to do this 1st. You can't not acknowledge a debt through lack of CCA and then ask for money back!!

 

Keep posting your progress

[pecky1]

Hi, I am in the same position as yourself with Moorcroft and Argos, CCA went to Moorcroft, and I sent CCA to Argos and sent SAR at the same time, I am still waiting,I agree with above thread It gives you a bit of breathing space,

[N.P]

Hi,

 

Thanks hopeful1. I know exactly what you mean.

 

I just wanted to see what charges there was on the account and also if they received the £200. I can`t be bothered to ring them and they will probably just say the account is out of their hands.

 

I`ll probably receive something back from Moorcroft before Argos return my requested information. So how should I proceed with that?

 

What would you guys do if you were me? (So they say)

 

Thanks

 

 

N.P.

[N.P]

Hi,

 

Thanks pecky1.

 

I`ll do that then, I`ll send a CCA to Moorcroft and Argos and also a SAR to Argos.

 

I`ll keep an eye on your progress to see how you get on.

 

Thanks

 

Regards

 

 

N.P.

[Hopeful1]

DON'T 'PHONE THEM NO MATTER WHAT. Put everything in writing and keep as evidence - just in case you ever need to make a complaint.

 

The reason it is suggested to CCA the DCA is because they will have to go to Argos to get it anyway. It doesn't matter if they send something before you get the S.A.R because once the request is made, the account is in dispute as you are waiting to clarify your true balance. Send your letters by recorded or special delivery (more expensive but more reliable for important stuff) and keep all receipts, again as proof.

 

If Moorcroft do send an agreement, scan it up on here for all to see (block out personal info). They have 12+2 workings days before they go into default. After another 30 calendar days, they go into criminal default if they have not provided it.

 

Time for bed. I'll keep an eye on your progress.

 

Best wishes

[N.P]

Hi,

 

Thanks hopeful1, I was just wanting to get everything right before I start my fightback.

 

I`ll send them Monday, Recorded Delivery or Special Delivery if my girlfriend can afford it, heh heh.

 

Catch you again soon.

 

Thanks again.

 

 

N.P.

[pecky1]

Hi NP

Will watch your thread and i will let you know how mine progresses as we are in the same situation,

[N.P]

Hi again everyone,

 

I sent off a CCA to Moorcroft this morning, Recorded Delivery, so I`ll just sit and see what happens next.

 

Should I also send a SAR to Argos? If so, should I use the same one in the Banking Forum, or should I re-word it?

 

Do I also need to send a CCA to Argos?

 

Any help from anyone would be much appreciated.

 

I look forward to hearing from you all.

 

Catch you later.

 

 

N.P.

[Hopeful1]

Good evening NP! The S.A.R. template should be fine. I really wouldn't worry about sending a CCA to Argos. As i said before, Moorcroft will probably have to go to Argos to ask them for the agreement anyway. Let them do the running around! I would be focusing on reclaiming any charges first.

 

Keep us posted

[N.P]

Hi hopeful1,

 

Thanks for that.

 

I`ll print one out tomorrow night and get my girlfriend to post it first thing Thursday.

 

The toddler is in bed now and I don`t want to risk the printer waking her up, otherwise, we`ll all be up all night again.

 

I`ll keep you posted.

 

Regards

 

 

N.P.

[N.P]

Hi everyone,

 

Just a little update.

 

I received a call fro Moorcroft about 10 mins ago.

 

I never answered it as it was an unknown number and ringing tone on our phone, so I let the answer machine kick in. A guy called Steve left a message, asking me to call him back regarding the letter they sent out.

 

The number has now been blocked using the BT Choose To Refuse Service and also the number on the original letter, which was different.

 

A SAR is now printed and ready to send to Argos in the morning.

 

My CCA letter to Moorcroft doesn`t seem to have been received according to the Royal Mail Tracking Service. The thing is, I asked my girlfriend to send it Special Delivery but the imbecile at the Post Office sent it Standard Recorded Delivery.

 

So, looks like they`ve started. Let the beatings begin.

 

Just another thought, our number is X-Directory, unlisted. Does this mean Argos are in breach of the Data Protection Act for handing over my account details, name, address and phone number to a 3rd Party?

 

If so, then this is WAR!

 

I have logged down and dated the letter I received and also the letters I have sent, and also the Moorcroft call.

 

Look forward to hearing anyone`s comments.

 

Regards

 

 

N.P.

[Hopeful1]

Sounds like you're getting sorted NP with logging the calls, dating letters etc - good stuff!!

 

I am fairly sure i have read somewhere that it doesn't really matter if you cannot prove delivery and that proof of postage is enough. So stick to your timescales and start counting down. These people can never resist cashing cheques/postal orders anyway so that will be proof in itself.

 

If the 'phonecalls get too much, send a telephone harrassment letter. If you can stick it, however, it makes your complaint, if you decide to make one at any point, look better.

 

Moorcroft had my Littlewoods account but backed off after i made a CCA request.

 

Best wishes

[pecky1]

NI

Just to let you know recived statements from Argos will be claiming charges back they have but on the account its only £150 but it all helps. Also recieved CCA request but it is my application form with a booklet of terms and conditions, but best of all they have told me in the letter that MOORCROFT are only agents to collect the debt they dont own it the account is still with Argos, I bet they dont own yours either, so any more hassle from them will give me great pleasure in telling them that, If it wasnt for this site MOORCROFT would have put the fear of god into me.

So stick with it I am now going to deal with Argos directly.

[N.P]

Hi pecky1,

 

Thanks for that. Doesn`t that mean that if they haven`t sent you the Consumer Credit Agreement and if they don`t have it, then there is no debt?

 

I have left a reply on your own original thread as we are watching each other with great interest.

 

Regards

 

 

N.P.

[pecky1]

Hi NP

Have posted reply to your question on my thread:p

[N.P]

Hi viewers,

 

Nothing to report yet, as everything is quiet. No letter`s, no calls, nothing.

 

I was just wondering, regarding my CCA request to Moroncrap and my SAR to Argos. These were post on the 24 July and 27 July respectively.

 

The CCA was sent First Class Recorded. I asked my girlfriend to make sure she sent it Special Delivery, but as usual the was a mix up in the Post Office and she sent it First Class Recorded.

 

The SAR was sent Special Delivery Next Day before 1pm.

 

The problem is, neither of these have been logged on the Royal Mail Tracking Site. The Recorded Delivery shows up as `Come Back Later`, as it hasn`t been signed for. The Special Delivery shows up as ` Your item is currently progressing through our network for delivery. To check your item's progress please come back later`

 

Has anyone any comments on this? I also used Recorded letters to the Bank in regard to claiming charges back and each one has had the same result.

 

Would you recommend I send them both again or not? If so, what service?

 

Or, should I just sit tight and see what happens next?

 

I look forward to your comments.

 

Regards

 

 

N.P.

[Hopeful1]

Hi NP. It's a pain when you can't track the letters. Sometimes the website isn't updated properly. Ring the Post Office on 08459 272 100 and ask them if they can tell you whether it's been delivered.

 

Sometimes the letters have been delivered but not signed for (big con when you've paid extra). The other way around it is to see if the POs have been cashed. If you take your receipts for the POs into the post office, they should be able to help you. I noticed with my DCAs that the balance they printed at the top of letters went down by 1.00 after i sent CCA requests - cheeky blighters!

 

Specially Delivery is the most reliable service, but obviously it is more expensive. I use this for the most important docs. If i send something recorded i try and duplicate the letter i'm sending via e-mail or fax. This makes it harder for whoever, to deny receiving it. Obviously you can't do this with postal orders!!!

[pecky1]

Hi NP

Dont panic.

As you know still waiting for CCA from MOORCROFT, which they wont have, as in the above thread Moorcroft took the £1.00 off my account think this is a standard thing that DCA's do, good advice given to ring Royal Mail but I think the Postal Strike is also bound to take effect on delivery times.

Argos did reply withen the timescale, Keep up posted.