Argos Issues!! Where to go next!!

A question about : Argos Issues!! Where to go next!!

Hi Guys,

Im hoping someone can help me with some guidance or a kick up the backside in the right direction!!, heres the score;

I had a default issued against my by Home Retail Group (Argos) about 3 Years ago following some financial difficulties. Recently ive began the process of trying to get this removed. I followed the advice that most people have given and wrote a letter asking politely that they remove it...to which I got a big NO. So I wrote another letter requesting that under various sections of the consumer credit act that they provide me with a valid true copy of the default notice along with a signed copy of my CCA, there was no reply within the statutory time limit. So i sent another letter....(shown below)

After recently obtaining a copy of my credit file from the credit agency, I was extremely concerned to note that you'd added a default notice against me on 24/03/2009.

As is clearly evident from all previous communication between us in regards to this default, including phone conversations (24/9/12 & 25/9/12) where 2 of your staff members admitted you cannot produce a valid true copy of the original default notice or credit agreement, and failure to complete requests under s.77/78 of the consumer credit act within the statutory time period on 2 occasions. I contest the accuracy of the default which I never received and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency (CRA).

As you cannot produce true valid copies of these documents, this will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notice, I cannot argue the authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

It would, however, be in both our interests if you simply agree to remove the default being that I did actually make full payment and settled the account. There are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing a fully compliant and correctly executed legal document.

Therefore, assuming you are happy with my proposal please confirm, in writing on letter headed paper the following points will be carried out;
The Default Notice will be removed no later than.
The Status of the account will change from “Defaulted” to “Settled”
The Current Balance will appear as Ј0.00
The Default / Delinquent Balance will be set to Ј0.00
There will be no date in the “Defaulted Date” field (as it will be removed)
There will be no date in the “Date Last Delinquent” field on the report
This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit
Failure to agree will result in formal papers being sent, I look forward to your response within the next 21 days.

Yours faithfully

Blah Blah Blah

As you can see in the letter I comitted the cardinal sin and called them (i have recorded both calls) to find out whats going on as the 21 day peirod has now expired.

Im now in the situation where it looks like im going to have to go through with my threat and take them to court to seek removal by judgement. I havent got a clue how the court system works and / or and which court I should go through to resolve this situation. Any advice would be muchly appreciated!!.

ta

Sam

Best answers:

• if the default notice reflected the true state of your account at the time you have no grounds to have it removed - and if it wasn't a true reflection of the account why wait 3 years to challenge it? I take it you have suddenly found it inconvenient to have this on your credit file. Sorry, the information on your credit file is listed to give an indicator to other lenders what your payment history has been like to see if you're a good risk - by your own information you said you had finaincial problems at the time so I suspect your payments were sporadic or insufficient.