JASSASBLUE - UE Diary

[jassasblue]

I can see from your post that your last payment to Argos was in December 2013, however the account appears to have been defaulted in April 2014 so that is likely to delay the date the debt goes Statute Barred thanks to a Court of Appeal judgment in Doyle v PRA Group (UK) Ltd in January this year.

I wouldn't send a letter to Arrow or Capquest or anyone else such as Resolvecall, in case that draws attention to the debt and they figure out you're heading towards SB status so decide to issue a claim.

Di

Thanks Di, I shall just sit tight then, does that mean my SB wouldn't be until April (the date of the default?)

Thanks again - Julie

[Joanna Connolly Solicitors]

I reach statue barred in December, I don't want to jeopardise anything now.

I can see from your post that your last payment to Argos was in December 2013, however the account appears to have been defaulted in April 2014 so that is likely to delay the date the debt goes Statute Barred thanks to a Court of Appeal judgment in Doyle v PRA Group (UK) Ltd in January this year.

I wouldn't send a letter to Arrow or Capquest or anyone else such as Resolvecall, in case that draws attention to the debt and they figure out you're heading towards SB status so decide to issue a claim.

Di

[nightwatch]

There is a template letter that could be sent saying you do not give permission to call, BUT, Resolvecall, seem to think it doesn't apply to them and turn up anyway.
if your at home when they call don't open the door, or if you do just say goodbye and shut the door..
If your not going to be at home. Ignore the letter, they are only going to try and get you to contact Capquest, to arrange a repayment plan,
The idea of the visit is to,
1 prove you live there.
2 get you to admit the debt is yours
3 set up an arrangement to pay
They have no power to do anything else or talk to anyone else about it.

so if anyone's at home and they call and ask for you, they just say " not here" and shut the door, or don't open it at all.

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Argos

Type of account Store Card
Date commenced 16/11/2004
Approx balance £1590.23
Date last paid DMP 25/12/2013
Are you on arrangement or not paying DMP
Status Default on credit file 06/04/14

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
20/01/14 No response yet
29/01/14 Agreement received (21 pages of small print) emailed to Niddy

Niddy says ignore

03/02/14 Missing PT's template sent
14/02/14 Letter received from Argos - Unfortunately we are unable to locate the signed copy of your agreement. We make no admissions whether or not the agreement was actually signed by yourself and reserve the right to undertake a more thorough search should it become necessary for us to enforce the agreement in court. We accept that unless we are able to locate the signed agreement or otherwise prove that it was signed by you it is unenforceable against you.

Finally after 6 years it looks like I'll get a default, this letter is very safe

25/02/14 Default notice received from Argos and notification saying DCA to be assigned. Argos never stopped the interest during my DMP, in fact I owe more now after 5 years of DMP than when I started!!!!

26/03/14 Letter from FRS Financial Recovery Services Letter, Pre Litigation Warning,
29/03/14 SWID sent
03/04/14 Letter from FRS - Notice of Intended Recovery, threatening they may refer for a home visit or legal action to obtain a CCJ - I think this has crossed with the SWID letter so ignored
01/05/14 Letter from FRS - they are delighted to offer me a settlement opportunity of minus 20% - ignored!
12/05/14 Letter from FRS - asking me to call to make payment - ignored!
24/05/14 Letter from Moorcroft Debt Recovery they are now collecting the balance, request I ring to make arrangement to pay.
03/06/14 Letter from Argos responding to my SWID 29/3/14 - They confirm that they are unable to locate my credit agreement as they have previously notified me. However they do not accept that the agreement is unenforceable and they have sent me a statement, they are to continue with Debt Collection activities. Good luck with that then Argos!
12/06/14 Letter from Moorcroft, chasing payment and notifying me that they intend to arrange a doorstep recovery visit, consider legal action and adverse entry on my credit file - ignored
25/06/14 Letter from Moorcroft - monthly instalment offer - ignored
11/07/14 Letter from Moorcroft - Commencement of legal action by external solicitors
15/07/14 Letter sent to Moorcroft Template Threat Received - Standard Threat-o-Gram sent
06/08/14 Letter from Moorcroft - requesting payment or threat of further debt recovery action - ignored
06/08/14 Letter sent to Moorcroft - SWID
17/08/14 Letter from Moorcroft - Account on hold until they contact Argos
04/09/14 Letter from Moorcroft - Argos confirm they wrote to me 12/02/14, 26/04/14, 30/05/14, Argos advise the balance is now payable to Moorcroft. What they fail to mention is they can't find my credit agreement!!!!
22/09/14 Template confirming no CCA & copy of letter from Argos sent to Moorcroft
02/10/14 Letter from Moorcroft, account returned to Argos, they are no longer dealing.
27/10/16 Letter from Moorcroft - they are acting as a collection agent for Argos - ignored
12/11/16 Letter from Moorcroft - threatening further action if I don't respond either a home visit, legal action by Solicitors or an adverse entry on by credit file (hmm there's already a default showing from 2014!) - ignored
10/12/16 Letter from Moorcroft, threatening further action if I don't respond by 13/12/16
13/12/16 Letter sent with a copy of the letter I sent on 22/09/14
28/12/16 Letter received from Moorcroft, account closed on their system, it is in the process of being returned to Argos following my letter 13/12/16 - result!
19/01/17 Letter from Fredrickson, Argos instructed them to contact me regarding payment of the account, all communication to be sent to them, request to contact for payment and balance increased now £1726.35
10/02/17 Letter from Fredrickson, requesting payment or further action
11/02/17 SWID sent to Fredrickson
24/02/17 Letter from Fredrickson, account on hold, information requested from Argos
15/03/17 Letter from Fredrickson account still on hold while Argos investigate
21/03/17 Letter received from Argos, they are requesting a £1.00 fee for the CCA, do I send this? I sent a SWID to Fredrickson. - ignored as per advice
09/04/17 Letter from Fredrickson, account on hold while Argos dealing, I haven't sent the £1 for CCA as I did this in 2014
07/05/19 Letter from Argos Card, they have sold the debt to Arrow Global Limited on 27/02/19, also in the same envelope letter from Arrow Capquest stating the balance is now due to them and requesting payment - ignored

21/09/19 Letter from Capquest, they have raised an instruction to visit my property. Resolvecall Limited will be visiting my property to agree a solution for payment. The cut off date for me contacting their office is 2nd October 2019.

Is there any action I can take, I'm not going to be at home that week of October as I'm working out of town.

I reach statue barred in December, I don't want to jeopardise anything now.

Thanks in advance.
Julie

[Spud]

It is normal to receive a flurry of contact when it has first being assigned - I think most of us know or remember that feeling.....But it usually dies off as they realise its not working

As others have said......the main goal here is not to draw any attention to yourself......and slip under the radar with the minimum of fuss if you can

You are so close to this, So if it were me I would do my best to ignore the calls ( They can get frustrating - I recall) and just have that goal in sight

You can always post up here to let off a bit of steam or have a good rant.......Its what we are here for

And in no time at all.....you can post up here with your good news.......Now that is definitely why we are here

[Joanna Connolly Solicitors]

the telephone calls, emails and text messages have increased to several per day, all of which I ignore, they have now started sending letters almost daily too, this has only started since Arrow Capquest sent the Notice of Assignment. So far I haven't sent anything, nor responded.

I'm afraid it's the norm for debt purchasers to blitz consumers with phone calls, texts and letters when they're assigned a new account.

Try to hold your nerve if your aim is to make it to Statute Barred status.

Niddy has already told you that in his opinion the credit agreement is unenforceable

Di

[jassasblue]

Unless I’ve misunderstood your post, you’ve just received a Notice of Assignment (dated 7th May) from both Argos and Arrow to say your account has been sold.

This comes after a two year silence from Argos.

It seems Arrow that have chosen to use Capquest to manage the account and they’ve started to call, text and email you. Did that only start today or has it been going on for longer?

If this debt is only seven months away from becoming Statute Barred it may be wise to keep your head down while the clock is ticking. Perhaps don’t do anything hasty which could draw attention to yourself.

If you send a Sold While In Dispute Letter that may encourage Arrow/Capquest to investigate your “dispute” and either produce a reconstituted credit agreement or decide to issue legal proceedings in order to beat the SB clock if they realise it’s imminent.

Maybe hang on a few more days to see if the calls stop before you do anything?

Di

Thank you, the telephone calls, emails and text messages have increased to several per day, all of which I ignore, they have now started sending letters almost daily too, this has only started since Arrow Capquest sent the Notice of Assignment. So far I haven't sent anything, nor responded. I can keep ignoring, there is a default on my credit file from Argos which falls off April 2020. Thanks for the advice, only 7 months to go, I'm just nervous about the volume of contact, shall I continue to sit tight?

[Joanna Connolly Solicitors]

as they have just bought the debt from Argos do I need to send another CCA request or any other letter?

No don't send another CCA Request since the debt is currently unenforceable as a result of non compliance with your previous request sent to Argos (in 2014) who've admitted that thy can't produce the signed credit agreement from 2004.

Admittedly Arrow/Capquest don't yet know that, but I'd be in no rush to tell them. Save that bombshell for later down the line

I wouldn't send any letters unless they write to you, and then ask on the forum whether you need to respond. So far you've had a Notice of Assignment only.

If Statute Barred is around the corner you need to spin this out for as long as possible without risking legal proceedings. If Arrow are minded to issue a court claim then they would need to send you a 'Letter of Claim' giving you 30 days to reply before they can issue a claim so you should get plenty of time to take advice if that happens.

Di

[Joanna Connolly Solicitors]

so Capquest have somehow managed to get my mobile phone number, they have been calling today whilst I'm at work, they've emailed, left voicemails and sent text messages (no idea how they got my number, nobody else has it). What do I need to do please? . . . . I'm only 7 months away from the important 6 year mark. .

Unless I’ve misunderstood your post, you’ve just received a Notice of Assignment (dated 7th May) from both Argos and Arrow to say your account has been sold.

This comes after a two year silence from Argos.

It seems Arrow that have chosen to use Capquest to manage the account and they’ve started to call, text and email you. Did that only start today or has it been going on for longer?

If this debt is only seven months away from becoming Statute Barred it may be wise to keep your head down while the clock is ticking. Perhaps don’t do anything hasty which could draw attention to yourself.

If you send a Sold While In Dispute Letter that may encourage Arrow/Capquest to investigate your “dispute” and either produce a reconstituted credit agreement or decide to issue legal proceedings in order to beat the SB clock if they realise it’s imminent.

Maybe hang on a few more days to see if the calls stop before you do anything?

Di

[nightwatch]

you could send another SWID letter and add that you will only deal in writing, requesting any numbers they have on the system, in reguard of their ref xxxxx, be removed.

[jassasblue]

In the template section there is a telephone harassment letter.

Thank you, I'll use the template, as they have just bought the debt from Argos do I need to send another CCA request or any other letter?

Thanks again, Julie

[cymruambyth]

In the template section there is a telephone harassment letter.

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Argos

Type of account Store Card
Date commenced 16/11/2004
Approx balance £1590.23
Date last paid DMP 25/12/2013
Are you on arrangement or not paying DMP
Status Default on credit file 06/04/14

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
20/01/14 No response yet
29/01/14 Agreement received (21 pages of small print) emailed to Niddy

Niddy says ignore

03/02/14 Missing PT's template sent
14/02/14 Letter received from Argos - Unfortunately we are unable to locate the signed copy of your agreement. We make no admissions whether or not the agreement was actually signed by yourself and reserve the right to undertake a more thorough search should it become necessary for us to enforce the agreement in court. We accept that unless we are able to locate the signed agreement or otherwise prove that it was signed by you it is unenforceable against you.

Finally after 6 years it looks like I'll get a default, this letter is very safe

25/02/14 Default notice received from Argos and notification saying DCA to be assigned. Argos never stopped the interest during my DMP, in fact I owe more now after 5 years of DMP than when I started!!!!

26/03/14 Letter from FRS Financial Recovery Services Letter, Pre Litigation Warning,
29/03/14 SWID sent
03/04/14 Letter from FRS - Notice of Intended Recovery, threatening they may refer for a home visit or legal action to obtain a CCJ - I think this has crossed with the SWID letter so ignored
01/05/14 Letter from FRS - they are delighted to offer me a settlement opportunity of minus 20% - ignored!
12/05/14 Letter from FRS - asking me to call to make payment - ignored!
24/05/14 Letter from Moorcroft Debt Recovery they are now collecting the balance, request I ring to make arrangement to pay.
03/06/14 Letter from Argos responding to my SWID 29/3/14 - They confirm that they are unable to locate my credit agreement as they have previously notified me. However they do not accept that the agreement is unenforceable and they have sent me a statement, they are to continue with Debt Collection activities. Good luck with that then Argos!
12/06/14 Letter from Moorcroft, chasing payment and notifying me that they intend to arrange a doorstep recovery visit, consider legal action and adverse entry on my credit file - ignored
25/06/14 Letter from Moorcroft - monthly instalment offer - ignored
11/07/14 Letter from Moorcroft - Commencement of legal action by external solicitors
15/07/14 Letter sent to Moorcroft Template Threat Received - Standard Threat-o-Gram sent
06/08/14 Letter from Moorcroft - requesting payment or threat of further debt recovery action - ignored
06/08/14 Letter sent to Moorcroft - SWID
17/08/14 Letter from Moorcroft - Account on hold until they contact Argos
04/09/14 Letter from Moorcroft - Argos confirm they wrote to me 12/02/14, 26/04/14, 30/05/14, Argos advise the balance is now payable to Moorcroft. What they fail to mention is they can't find my credit agreement!!!!
22/09/14 Template confirming no CCA & copy of letter from Argos sent to Moorcroft
02/10/14 Letter from Moorcroft, account returned to Argos, they are no longer dealing.
27/10/16 Letter from Moorcroft - they are acting as a collection agent for Argos - ignored
12/11/16 Letter from Moorcroft - threatening further action if I don't respond either a home visit, legal action by Solicitors or an adverse entry on by credit file (hmm there's already a default showing from 2014!) - ignored
10/12/16 Letter from Moorcroft, threatening further action if I don't respond by 13/12/16
13/12/16 Letter sent with a copy of the letter I sent on 22/09/14
28/12/16 Letter received from Moorcroft, account closed on their system, it is in the process of being returned to Argos following my letter 13/12/16 - result!
19/01/17 Letter from Fredrickson, Argos instructed them to contact me regarding payment of the account, all communication to be sent to them, request to contact for payment and balance increased now £1726.35
10/02/17 Letter from Fredrickson, requesting payment or further action
11/02/17 SWID sent to Fredrickson
24/02/17 Letter from Fredrickson, account on hold, information requested from Argos
15/03/17 Letter from Fredrickson account still on hold while Argos investigate
21/03/17 Letter received from Argos, they are requesting a £1.00 fee for the CCA, do I send this? I sent a SWID to Fredrickson. - ignored as per advice
09/04/17 Letter from Fredrickson, account on hold while Argos dealing, I haven't sent the £1 for CCA as I did this in 2014
07/05/19 Letter from Argos Card, they have sold the debt to Arrow Global Limited on 27/02/19, also in the same envelope letter from Arrow Capquest stating the balance is now due to them and requesting payment - ignored

Hmm, so Capquest have somehow managed to get my mobile phone number, they have been calling today whilst I'm at work, they've emailed, left voicemails and sent text messages (no idea how they got my number, nobody else has it). What do I need to do please? Argos confirmed years ago they couldn't find my agreement, I'm only 7 months away from the important 6 year mark. Thoughts please lovely people?

Thank you.

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Moorcroft Debt Recovery, previously Citi Cards

Type of account Credit Card
Date commenced Unknown poss 95 - 96
Approx balance £1476.34
Date last paid DMP 25/12/2013
Are you on arrangement or not paying DMP
Status Dropped off Credit File

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
13/01/14 Letter received from Moorcroft saying contact Citi Financial for CCA
16/01/14 CCA Letter sent to Citi Financial
01/02/14 Letter Received from Citi Cards
unfortunately we are no longer able to assist you as your card account has been sold to third party organisation. All information requests (other than data subject information requests under the Data Protection Act 1998) must be requested directly from the third party organisation who purchased your account. They haven't returned my PO either !!
03/02/14 2nd CCA Letter sent to Moorcroft with copy of Citi Cards Letter
13/02/14 Letter received from Moorcroft - Account in dispute, they are to contact OC, advised I suspend payment and await further outcome.
07/03/14 Letter from Moorcroft, failed to pay arrangement, doorstep visit arranged.
01/10/15 Annual Statement received from Moorcroft - ignored
01/09/17 Annual Statement received from Moorcroft - ignored
08/09/17 Letter from Moorcroft asking me to ring them to make arrangements to pay - ignored
22/09/17 Letter from Moorcroft with Monthly Instalment offer - ignored
06/10/17 Letter from Moorcroft - further debt recovery action to be taken - ignored
20/10/17 Letter from Moorcroft - discount offer - ignored
01/12/17 Letter from Moorcroft - they are sending a representative to my house - ignored
12/12/17 Mr Holmes called to my house but I was out - he also spoke to my neighbour!!!
29/12/17 Letter from Moorcroft 70% settlement offer - ignored
04/08/18 Letter from Moorcroft - debt collection to commence - ignored
16/08/18 Letter from Moorcroft - they haven't heard from me asking me to call them - ignored
01/09/18 Annual statement received - ignored
03/09/18 Letter from Moorcroft offering monthly payments - ignored
17/09/18 Letter from Moorcroft - further debt recovery action to be taken - ignored
08/09/17 Letter from Moorcroft asking me to ring them to make arrangements to pay - ignored
22/09/17 Letter from Moorcroft with Monthly Instalment offer - ignored
06/10/17 Letter from Moorcroft - further debt recovery action to be taken - ignored
20/10/17 Letter from Moorcroft - discount offer - ignored
01/12/17 Letter from Moorcroft - they are sending a representative to my house - ignored
12/12/17 Mr Holmes called to my house but I was out - he also spoke to my neighbour!!!
29/12/17 Letter from Moorcroft 70% settlement offer - ignored
04/08/18 Letter from Moorcroft - debt collection to commence - ignored
16/08/18 Letter from Moorcroft - they haven't heard from me asking me to call them - ignored
01/09/18 Annual statement received - ignored
03/09/18 Letter from Moorcroft offering monthly payments - ignored
17/09/18 Letter from Moorcroft - further debt recovery action to be taken - ignored
02/11/18 Letter from Moorcroft 70% settlement offer - ignored
18/01/19 Letter from Moorcroft - requesting I contact them to arrange payment - ignored
01/02/19 Letter from Moorcroft - further request to contact them, they have purchased this account and require payment, doorstep collection to commence
16/02/19 Letter from Moorcroft - requesting I contact them to make payment and avoid further action - ignored
02/03/19 Letter from Moorcroft - Monthly Instalment Offer - as I've ignored all letters they are expecting £100 per month based on my financial position !!!!!
16/03/19 Letter from Moorcroft - further debt recover action now initiated, doorstep visit arranged

I have got 8 months left until I reach the 6 year non payment date, do I need to do anything about the previous 2 letters? I'd rather not have another home visit, last time they conversed with my neighbours......

[nightwatch]

01/02/19 Letter from Moorcroft - further request to contact them, they have purchased this account and require payment, doorstep collection to commence.

Do I ignore this? My last payment was 16/12/13, I should be statute barred by the end of this year, I don't want to keep ignoring letters and jeopardise anything. Thank you in advance.

Hi, yep just keep ignoring and filing away into an even bigger box,

almost all of mine are now SB or near to, some DCA's like to keep intouch and ask if I would like help.
I have been tempted to reply with, " how kind of you" could you do the garden for me?, I need a bulb changing!
best wishes NW x