Argos Store Card Please Help!

MISHEL02

I bought a sofa from Argos and was offered a buy now pay 9 months later option which I said I would take.

Anyway they sent me the credit agreement in the post to sign and return. I went on holiday and as things thend to happen forgot all about it. When I returned from holiday Argos had sent me the Argos Store Card.

Still not really thinking about it i bought a TV using the card with no problems. I paid the balance for the sofa off in full before the interest free period ended so not to incur any interest.

I was not so lucky with the TV as I could not afford to. My partner left me with a one year old son and I am finding it very difficult. Argos added nearly 200 in interest charges to my account. I tried to buy a toy for my son using the card and was told it had been declined. I phoned the customer services to find out why as I was well within the credit limit. I was told it was beacuse I had not returned the signed credit agreement and was advised to sign as soon as possible.

This was when I realised I had not sent it back.

So my question is can Argos enforce this agreement if I have not signed anything and they are still awaiting the signed criedt argeemnet?

any ideas?

thanks

Stephen_Leak

Yes. Its called a "deemed contract".

simongregson

I imagine you signed it in store, you usually have to for store cards, they send you a copy of the terms and conditions with the card for your records.


As far as I know Consumer credit agreements are unenforceable without a signed agreement, but I would imagine that you HAVE signed for it at some point, so be completely sure before going down this avenue. You do, after all, owe the money and have had the benefit of the goods!

There are a number of letters you could send to Argos, see the many templates on this forum. But morally you should pay the money back, after all you do have a new telly!

nathanrh

Having worked for Argos.....

You don't actually say the method that you used to pay originally for the sofa, I assume you didn't have an existing Argos card at the time.

Assuming you paid for the sofa using your *new* Argos card you have definitely signed an agreement and you will have filled out an application form as part of the process, the transaction can't be authorised without either a physical Argos card or the card number (Argos staff members are given this if you are instantly accepted on application, they have to dial your details through to Argos Card). I have to say you would also normally receive a copy of the application on the day as well.

If you didn't use this process for the sofa, then you have simply purchased a tv on an Argos card offered to you, in which case Stephen Leak is correct and Argos can still legally enforce the agreement. Sorry if thats not what you wanted to hear ;-).

My only suggestion is to try and BT the debt somewhere else, Argos Card had rates around 27-29% from what I remember.

Regards

Nathan.

Iamthesmartestmanalive

nathanrh wrote: »

Having worked for Argos.....

You don't actually say the method that you used to pay originally for the sofa, I assume you didn't have an existing Argos card at the time.

Assuming you paid for the sofa using your *new* Argos card you have definitely signed an agreement and you will have filled out an application form as part of the process, the transaction can't be authorised without either a physical Argos card or the card number (Argos staff members are given this if you are instantly accepted on application, they have to dial your details through to Argos Card). I have to say you would also normally receive a copy of the application on the day as well.

If you didn't use this process for the sofa, then you have simply purchased a tv on an Argos card offered to you, in which case Stephen Leak is correct and Argos can still legally enforce the agreement. Sorry if thats not what you wanted to hear ;-).

My only suggestion is to try and BT the debt somewhere else, Argos Card had rates around 27-29% from what I remember.

Regards

Nathan.

Wrong

A credit agreement is one of the few contracts which must be in writing, a consumer credit agreement cannot be deemed acceptance it must be formally accepted, without a written agreement it cant be enforced

The one thing I would say is that it could be a long battle to get it sorted out and depending on the sum probably not worth the while

Id agree with most of your post though and they most likely agreed on the application form as is common with these sort of agreements

MISHEL02

I bought the sofa from their website and applied online for an argos card. It was accepted and they sent out the credit agreement to sign. I never signed or returned it.

Then a few weeks later a argos store card arrived.

Anyway then my sofa arrived and I paid it off with cash before the 9 months interest free period was up.

I then bought a tv online using the argos card.

Hope this clears it up.