Argos Card & JB Debt Recovery

[fuzzybobble]

Hi Lisa,

 

No need to send Moorcroft anything at all.

They know the rules and they also know that without a CCA

they don't have a leg to stand on.

They'll try it on a send the usual computer generated

threats demanding payment.

 

But if you must write to them, send them this.....

(fill in the xxx's to suit your needs)

Also do the Account in Dispute in big red bold

letters, as Moorcroft like to do in theirs.

 

 

Account In Dispute

 

Account Number: xxxxxxxxx

 

Dear Sir/Madam,

 

Thank you for your letter of xx/xx/2008, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On xx/xx/2008 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on xx/xx/2008

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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 this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[print (never sign) your name here]

[N.P]

Hi n.p

I have been advice to file under ignore so i dont know what to do

lisa

 

 

Hi Lisa,

 

Yeah, I noticed Curlyben said ignore them. Just do whatever CB says, he`s one of the best on here and knows exactly what he`s doing.

 

Catch you later, time for some late night browesing (did I spell that right?)

 

Regards

 

 

N.P

[pecky1]

NP

Why waste any more money on postage to these idiots!

Pecky1;)

[fuzzybobble]

aww and I just bought a book of 12 stamps and some envelopes so I can spend the bank holiday weekend sending off a few complaints to Trading Standards and giving a few DCA's more letters demanding explainations as to why they continue to demand money from me while they have no proper agreements for a disputed account.

[N.P]

Hi Fuzzy,

 

Mmmmm, Morecrap can send out 40,000 automated letters a day. Do you really think you can match that.

 

Save your stamps and envelope ONLY for the important letters, not any old nonsense that drops through your door.

 

They will keep demanding money because that is their line of business, to harrass people. Sad, but true.

 

Regards

 

 

N.P

[fuzzybobble]

I've done a total of 14 letters today.

I'll admit that one of them was to order a spare

part for my radio controlled helicopter though.

(don't fly after a bottle of wine.)

 

But I like make the DCA's work hard trying to

collect their money. I have plenty of spare time,

so the DCA's are in for a rough time of it from me.

[pigsic]

Hi N.P

Are just going to ignore fredricksons then to see what they came up with next I think that is what we going to do cos what i think if they knew that they had a leg to stand on they would of taken mum to court me now

lisa

[N.P]

Hi N.P

Are just going to ignore fredricksons then to see what they came up with next I think that is what we going to do cos what i think if they knew that they had a leg to stand on they would of taken mum to court me now

lisa

 

 

Hi Lisa,

 

Good to hear from you again.

 

Yeah, I`m just going to blank this one and see what comes next. It`s not like we HAVE to respond to each letter they send us, I mean, did we really ask for a copy of this months statement? I know I never.

 

Or course, if they fling anything legal with a bit of weight behind it then we`ll have to respond. In the mean time, we`ll just let the knob jockeys fester a while.

 

Keep up the fight with everyone else though.

 

Catch you again.

 

Regards

 

 

N.P

[lihi]

Hi NP

 

Read your thread with interest! I CCA'd Argos back in September got my 'CCA' straight away which looks exactly like yours. Offered them £250 as f&f on a £1300 balance, they ignore anything I write and respond with an offer of £60 as a good will gesture, this carried on for nearly 5 months so I referred to FOS who passed to FLA who have turned out to be ruddy useless so I've fired off my last letter to FLA saying as a goodwill gesture I increase my f&f to 25% of the balance, this will be my last offer and should Argos refuse then I have no alternative but to let the matter to proceed to court. Previously I had colleagues in TS who confirmed advice given and had this confirmed by my local TS in Kent who said they're playing a blinking game with you, stand by your guns, she was also absolutely disgusted at the rate of APR they applied to their card accounts.

 

Good Luck NP will follow your thread religiously as we seem to be at the same place but I've been lucky enough not to have to deal with Moorecrap yet.

 

[N.P]

Hi lihi,

 

Thanks for that post. That sounds quite interesting that does.

 

I know exactly what you mean about the interest, not to mention the charges they`ve whacked on. As far as I`m concerned, they`re getting nothing out of me unless these goons sue me and win. I`ve had enough of being ripped off.

 

I`m just blanking everything that comes my way from now on, unless it warrants a reply.

 

Have you tried the DualCalc on the Office Of Fair Trading website? I haven`t myself but I remember, Paul (pt2537) using it on a post or two to work out the APR which actually turned out to be wrong on a case he was helping with.

 

I might try it out myself, if I can find an old Argos statement with the information on it needs.

 

Thanks again, keep fighting these knob jockeys.

 

Regards

 

 

N.P

[N.P]

Hi boys and girls,

 

How is everyone today?

 

Right, I`ve been told of my girlfriend that when she came home from the shop today there was an unknown number left on the phone.

 

The number is 08453133123. This apparently is Brian Carter & Co. Following a search I beleive they are the inhouse jock straps of Fredrikson International.

 

Although I haven`t spoke to them and they didn`t leave a message, I can only assume they are sniffing for a payment for the Argos account.

 

I also beleive these knob jockeys are not REAL Solicitors but are a bunch of knob splats masquerading as Solictors for Fred. If they ring back and I answer, I`ll make it short but not sweet, making sure they know exactly where to go.

 

Has anyone with any dodgy Argos accounts had any dealings with these fools? I`d like to hear from you.

 

Also, as usual, any suggestions or somments on how to deal with this bunch of annoying jokers would be most welcome.

 

I look forward to hearing from you all.

 

Regards

 

 

N.P

[pecky1]

Hi

Not had dealings with Brian Carter yet. I am sure you have read the threads on them and will deal with them with the respect they deserve!

Pecky1:rolleyes:

[N.P]

Hi pecky,

 

Good to here from you again. How`s things at your end?

 

We had another missed call from them yesterday (Saturday) morning at 8.25. I didn`t think Solicitors worked on a weekend, or even phoned people. I always thought they just sent out short, but snotty letters.

 

Anyway, nothing else to report at the moment, will update as soon as anything else happens.

 

Ciao for now!

 

Regards

 

 

N.P

[fuzzybobble]

It's gone very quiet with my Argos/Moorcroft saga.

Heard nothing from either of them for over 2 months now.

 

Both Argos and Moorcroft failed the CCA request test.

Nothing from them to confirm they're looking for

and agreement. But according to Royal Mail, they were

both delivered.

 

No demands for money, not even tried to pass an application

form off as an agreement.

 

Think I can put their file in storage now.

Another one dead and buried. :grin:

[N.P]

It's gone very quiet with my Argos/Moorcroft saga.

Heard nothing from either of them for over 2 months now.

 

Both Argos and Moorcroft failed the CCA request test.

Nothing from them to confirm they're looking for

and agreement. But according to Royal Mail, they were

both delivered.

 

No demands for money, not even tried to pass an application

form off as an agreement.

 

Think I can put their file in storage now.

Another one dead and buried. :grin:

 

 

 

Hi fuzzy,

 

Thanks for the post.

 

Well, I thought my account had been forgot about, as I hadn`t heard anything from anyone for a good few months or so, then Fredrikson showed up with the CCA, although I have I beleive it to be unenforceable. Looks like that is why Brian Carter, whoever he is, is sniffing about. Think I`ll go down there and pull his head for interfering in my business, LOL.

 

You can file it away, but I wouldn`t guarentee that it`s game over yet.

 

Regards

 

 

N.P

[fuzzybobble]

It's weird how things happen.

5 mins after posting the above,

my girlfriend rang me and said she'd just

had a call from westcot regarding a Freemans account.

 

Last we heard about that one was about 9 months ago.

Amazing how they keep popping up sometimes.

 

Just doing them a bog off letter now, and adding the long

list of dca's it's been through and all failed to produce a CCA.

[pecky1]

Hi NP

Moorcroft passed mine to Cabot,

They just sent me another Argos Application form, So wrote and thanked them for that, and that as it was in dispute with Moorcroft regarding the fact that I am still waiting for the original executed credit agreement they had broken the guidelines, as this was still in dispute with Moorcroft and there for should not have been passed to Cabot for them to collect.

Gone quiet since them no doubt it will flare up again soon will keep you posted good luck with Carter!!

Pecky1:p

[N.P]

Hi again everyone,

 

I haven`t been on for a good few days or so as I`ve had a very interesting time since last Friday.

 

In fact I`ve just spent 3 days in Hospital, as I had been really ill from last Friday night with a blocked bowel, of all things. Yep, I had a build up of crap which was causing me all sorts of grief and pain, in the end I was actually vommiting soiled crap which had built up for some time and blocked me up. Nothing I eat or drank would stay down and came back up straight away. I was absolutely shattered and did not eat or drink a single thing from friday to Tuesday evening. They had me on a drip.

 

Yep, it sounds funny, but it`s true and not very nice to say the least. Especially when one of the Dr`s had to give my bum hole a good probing with his finger

 

Anyway, I tried to log on from the bedside Patientline TV units, but they are seriously slow, slower than dial-up, so I gave up and just watched TV.

 

And so on we go, when I returned home today, my girlfriend said there was a letter from those annoying fools at Fredrikson International again.

 

It reads -

 

 

 

 

 

 

These people are starting to annoy me now and are getting quite threatening, so any words or letters of wisdom would be much appreciated as usual.

 

You can probably guess I can`t be bothered with these lot just yet, as I`m still seriously weak and feel somewhat fragile, but it looks like they`ll have to be scattered somehow.

 

Also, they have been ringing quite often then past few days and rang at 8.35 then other night.

 

Any help is much appreciated.

 

I look forward to hearing from you on this one.

 

Regards

 

 

N.P

[Hopeful1]

Woah woah!! Serious information overload!!

 

I hope you are feeling better soon

[Hopeful1]

 

Yep, it sounds funny, but it`s true and not very nice to say the least.

 

That's not the word that sprang to my mind :o

[Hopeful1]

Anyway, have you complained to TS about this lot?

[lihi]

Hey NP

 

Sorry to hear you're not well, hope you're on the way to make a speedy recovery.

 

Your post just got emailed through to me and my knee jerk reaction is let them take you to court, all of argos card services CCA's are incorrect so even if they unearth yours it's unenforceable anyway. Write back without predjudice and tell them to bring it on!! Neither FLA or Argos have come back to me to accept my 25% offer (or a. get lost b. take me to court).

 

Lihi

[N.P]

Hey NP

 

Sorry to hear you're not well, hope you're on the way to make a speedy recovery.

 

Your post just got emailed through to me and my knee jerk reaction is let them take you to court, all of argos card services CCA's are incorrect so even if they unearth yours it's unenforceable anyway. Write back without predjudice and tell them to bring it on!! Neither FLA or Argos have come back to me to accept my 25% offer (or a. get lost b. take me to court).

 

Lihi

 

 

Hi Lihi,

 

Thanks for the post.

 

Yeah, I was really hoping they would ring late on again. I REALLY do just fancy letting it fly at them. I`m seriously in NO mood for any crap from knob heads like them, I just can`t be bothered with anything.

 

I had quite a scare really, they told me if I didn`t get help in time, my bowel might have burst and poisoned my livver and kidneys which could have been game over. Not nice, them I come home to this crap, I DON`T THINK SO.

 

Just hope someone has a SERIOUS letter to fire at this gimps.

 

Thanks again.

 

 

N.P.

[pecky1]

Hi NP

Sorry to hear you have been unwell hope you are on the mend now,

I would write to Freds and thank them for the Application Form you have recieved and as you are still waiting for the Proper Executed CCA request the account is still in dispute and you are considering claiming the charges they have now put on this account back from them!!

Pecky1:D

[N.P]

Hi NP

Sorry to hear you have been unwell hope you are on the mend now,

I would write to Freds and thank them for the Application Form you have recieved and as you are still waiting for the Proper Executed CCA request the account is still in dispute and you are considering claiming the charges they have now put on this account back from them!!

Pecky1:D

 

 

Hi Pecky,

 

Good to hear from you again,

 

Yeah, I`m on the mend. Still feel quite fragile and empty, if you know what I mean. Just seem to be lazing around the house though, I`m having the rest of the week off and I`ll go back to work next Monday. I could do with a few Pork Pies or Puddings inside of me but I had a small meal last night and it left me with a little keg belly, which I wasn`t happy with, LOL. I`ll be ok in good time I suppose.

 

Anyway, back to business, I was hoping someone would have strategically worded letter at hand I could use, but things seem to be quiet at the moment on certain threads. I`ve seen a few suitable one`s on the past, but I really should start saving them disk or something. In fact, just thought on, I think someone posted something on this very thread. I`ll go back and have a look after I`ll had some breakfast.

 

Thanks again Pecky, keep up the fight!

 

Regards

 

 

N.P