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can anyone help please

Hi im in a self dmp with Argos who have not been very helpful and have had problems with them since it started 2 years ago even though the debt has been passed on.


I sent off £1.00 for a copy of my agreement which was taken out in 2001. They have sent a copy stating:


The consumer credit regulations 1983 explains what must be included in the copy agreement. Regulation 3 provides that the copy may omit the signature box.

A copy of the executed agreement as required by s78(this is a re-constituted copy of the agreement without the signature box omitted as permitted by regulation 3) A statement of the terms of the agreement as varied as required by regulation 7

I am paying them £20 per month and wanted to offer a full and final settlement. If they have sent me a copy of the agreement without my signature, can I assume they do not have the original and where do I stand on this and do I offer a low settlement figure


Thans

Comments

  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Dear Sir/Madam,

    Your Ref: xxxxxxx

    This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

    I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

    For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed document from other sources.

    Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then you remain in breach of this request.

    Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to ignore the content of this letter.

    Yours faithfully,
    Still rolling rolling rolling...... :) <
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  • sourcrates
    sourcrates Posts: 32,546 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Good advice above, doubt they will have it from 2001, hence the completely untrue stalling tactics in there letter.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • jansueir
    jansueir Posts: 75 Forumite
    Thanks for your help but I have another question. I understood that if the debt has been passed on I should be dealing with the dm company direct and not argos. I sent the original request to the dm company but the reply was sent from argos themselves. If I am going to send the above letter who should I send it to.
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    To the collector with a copy of the reply from Argos enclosed.
    Still rolling rolling rolling...... :) <
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  • harveybobbles
    harveybobbles Posts: 8,973 Forumite
    If they fail to comply with your request, stop paying until they do.
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