Cca Requests Updates Please

COOKIEWILLOW

dont know whether i have strength to be honest. time is of the essence though as i have a letter stating i can pay 515 by 3rd Aug and ccj wont happen or pay the 3 instalments, have it marked "satisfied" but on file for 6 years (remortgage in 18 months down the shi$$er) or trying to get judgement set aside or whatever. dont know whether to contact court, moorcroft or send letters again. Plus this is going to happen with the Argos account again!! Think i will contact National Debtline like Fermi advised and see what score would be. Thank you BAAB. ps Moorcroft are !!!!!s arent they?

blind-as-a-bat_2

Dear Muppets



Refferance the alleged to be with Argos Ref: - xxxxxxxxxxxxxxxxxxx Your Ref: xxxxxxxxxxxxxxxxxxxx

A request for a CCA for this was sent to you on the xxth Month 2008 by recorded delivery, for which I have proof of delivery signed for on the xxth Month 2008, which equates to xx days at the time of writing.

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. (This bit may no longer be correct due to some changes, still working on that)

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.

However the contents of your correspondence dated xxnd xxx 2008 ( see copy A enclosed) are noted but I regret to inform you that as you are claiming to be acting as agent for Argos the following section of the Consumer Credit Act 1974 applies

Section 175 CCA 1974:

"175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith."

I could speculate as to the reason as to why you returned my request for a CCA to myself instead of forwarding to you clients as you should as stated above, but regardless of your motive it does not discharge you nor your client of your duty to supply a valid CCA as requested.

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

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.

Please also be aware it is your responsibility to inform your client of the above, as stated in Section 175 CCA 1974

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.

Ok this is the reply to Moorcroft i drafted in the same situation with an aledged argos account after they sent the £1 back, havnt used it yet, and im not an expert at CCA,s by any means but i beleave it to be correct, it should at least give you an idea on your responce, i will try dig some others up if i find any that suit i will post them too

COOKIEWILLOW

blind-as-a-bat wrote: »

Ok this is the reply to Moorcroft i drafted in the same situation with an aledged argos account after they sent the £1 back, havnt used it yet, and im not an expert at CCA,s by any means but i beleave it to be correct, it should at least give you an idea on your responce, i will try dig some others up if i find any that suit i will post them too

"muppets":rotfl: that has tickled me!! trouble is i DO owe Argos, but was angling for bit of time. havent used Argos card for bout year tho mind but up until a few months back i WAS paying them monthly so surely that is PROOF i owe debt?

COOKIEWILLOW

or is it just Moorcroft i am saying i dont owe?

blind-as-a-bat_2

COOKIEWILLOW wrote: »

dont know whether i have strength to be honest. time is of the essence though as i have a letter stating i can pay 515 by 3rd Aug and ccj wont happen or pay the 3 instalments, have it marked "satisfied" but on file for 6 years (remortgage in 18 months down the shi$$er) or trying to get judgement set aside or whatever. dont know whether to contact court, moorcroft or send letters again. Plus this is going to happen with the Argos account again!! Think i will contact National Debtline like Fermi advised and see what score would be. Thank you BAAB. ps Moorcroft are !!!!!s arent they?

It might not happen with the Argos account, there seems to be no rime or reason to how Moorcroft attack, but im fighting next and argos via Moorcroft and they havnt tried court yet, but im prepared for them too.

You made a mistake re the 'Next' one, a mistake you could reverse, but thats up to you, i appretiate its not easy, but its your fear of all this that they use to win, simple as that, because without a legaly binding agreemant they cant win , other than by default as happened with next, and as that thread i posted shows, even that has been challenged and reversed now.

blind-as-a-bat_2

COOKIEWILLOW wrote: »

or is it just Moorcroft i am saying i dont owe?

As Moorcroft are acting as agents they in effect are one and the same as argos. Whatever you send to moorcroft, moorcroft should forward to argos, but as its moorcroft that are threatening you thats who you attack.

Moorcroft SHOULD admitt they cant prove the debt so bow out gracefully and return it to Argos, who the CCA SHOULD have been passed too so have been served whether they like it or not (and they wont) You can however CCA Argos direct to be on the safe side, thats up to you.

Does that make some sense

blind-as-a-bat_2

COOKIEWILLOW wrote: »

"muppets":rotfl: that has tickled me!! trouble is i DO owe Argos, but was angling for bit of time. havent used Argos card for bout year tho mind but up until a few months back i WAS paying them monthly so surely that is PROOF i owe debt?

No it does not you can dispute the debt at any time.


The perpose of a CCA is not to get out of paying the debt at all, although if they cant prove it they cant force you to pay so you dont have too, but this means if you decide to pay its under your rules not theres and they should be bl00dy dam well gratfull your paying at all;)

In short your not exactly challengeing the debt,s existance but it enforceabilaty

COOKIEWILLOW

After i received letter and returned cheque off moorcroft i DID cc a Argos, no reply as yet!! All i really wanted in first place with BOTH companies was a bit of time and reduced payments for a while!! My intention was NOT to opt out of paying them at all but just to have charges freezed for time being until i was back on my feet financially!! It is now apparent they are sh$ts and i will now make it VERY hard for them to get money from me, even if at the end i do end up paying. and before the "pay your debts brigade" show up on this thread, i dont give a monkeys what they think, it might be too late for my Next account but as far as Argos are concerned and i am to do my utmost to make it difficult for them. There!! i feel better now lol. Think i need to read up on LOADS of facts etc and get some advice via the free sites available, Let me know how you get on BAAB, if you dont mind seeing as we are both contesting same companies . cheers Julie

blind-as-a-bat_2

It takes a lot of reading, and that letter is made up of sections posted by others at CAG by the way, so all creditit to them with my own tweaks to make it fit, glad you liked the Muppets bit:p trouble is im going to send a letter with that in one of these days as i will forget to amend it eventually:rotfl:

COOKIEWILLOW

bet they have had worse than muppets!!!! Would love to know if any ex-muppet worker are members of this site! Bit i love when they have rang is "hello cookie, could you ring Ian/Jenny/Naomi? on xxxxx, bit matey aint it? As soon as you ring though i bet the bullying voice/attitude kicks in!! Well i better calm myself down before heading to ds school. Thanks again,for the replies, i will log in after to see Fermi have read it and thinking "here we go again"! lol