Argos Default Notice but no Termination

DeBilde

Hi,

I started to fall behind with my payment to Argos last year as I had a drop of income. I started a DMP and paid them a reduced amount.

However I was sorting through my paperwork and found a default notice from them dated January this year. I can't remember receiving it or opening it but I must have, silly I know. The default notice is invalid however as it did not specify a date for remedy just 14 days from receiving the letter (think this makes it invalid?).

I then paid them the reduced payment in March, I spoke to them and they said they are happy for me to keep paying this amount.

I have still not received a termination notice from them as yet as I failed to rectify the breach on the DN.

Should I stop paying and therefore trigger the termination or will they issue a new DN?

Help?

carol01

DeBilde wrote: »

Hi,

I started to fall behind with my payment to Argos last year as I had a drop of income. I started a DMP and paid them a reduced amount.

However I was sorting through my paperwork and found a default notice from them dated January this year. I can't remember receiving it or opening it but I must have, silly I know. The default notice is invalid however as it did not specify a date for remedy just 14 days from receiving the letter (think this makes it invalid?).

I then paid them the reduced payment in March, I spoke to them and they said they are happy for me to keep paying this amount.

I have still not received a termination notice from them as yet as I failed to rectify the breach on the DN.

Should I stop paying and therefore trigger the termination or will they issue a new DN?

Help?

hiya debilde
how many payments did you fall behind on if you dont mind me asking

DarkConvict

Im not sure, but here is an example of a default notice - http://forums.moneysavingexpert.com/showpost.html?p=30208835&postcount=49

DeBilde

carol01 wrote: »

hiya debilde
how many payments did you fall behind on if you dont mind me asking

It was 3 payment in arrears

carol01

DeBilde wrote: »

It was 3 payment in arrears

have you checked your credit file to see if its on if not then you really need to look to see if you have a default and when it was issued

thechippy

Don't mention to them that the DN is invalid, because as they have not yet terminated they may issue a compliant DN. Just keep quiet about it. If they ever decide to litigate, the faulty DN will be good ammo for you, if they terminate on the back of it.....:D

DeBilde

carol01 wrote: »

have you checked your credit file to see if its on if not then you really need to look to see if you have a default and when it was issued

My report says I am 5 payment is arrears as of 28/02/10. No DN shown, but I have one in my hand now. I just want them to terminate the account now.

carol01

DeBilde wrote: »

My report says I am 5 payment is arrears as of 28/02/10. No DN shown, but I have one in my hand now. I just want them to terminate the account now.

i was thinking more on the line of if you are or have a default then maybe worth trying the unenforcebility route how old is your account is it post 2007 or pre 2007

thechippy

If you're happy to continue the reduced payment and get no aggro from them, then carry on. If you stop paying, they will probably terminate - I'm surprised they have not done so already! It's your call........;)

DeBilde

I have CCA'd them last year and they sent a compliant agreement. I am going to cease payments and see what comes next.

thechippy

Well, if the agreement was compliant, you have nothing to lose by allowing them to terminate on the back of a faulty DN. They then lose the rights to S178.