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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Opus was Citi sold to 1st Credit - Now a default


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I had a Citi card which has been Opus for some time now.

 

I have never had an Opus card but have just been paying of the old Citi balance.

 

Due to an ongoing divorce I wrote to Opus asking for a reduction in my agreed monthly payment from £50 to £25

and they replied agreeing to this request.

 

Since then they have twice threatened to default the account saying that I am not making the minimum monthly payment.

 

However when I spoke to them yesterday

they agreed that they have frozen interest and charges

but were not able to tell me why I was not making the required payment

when it is what they have agreed to in writing.

 

The lady said I was in breach of some agreement I have never heard of.

 

They are threatening a default and to sell the debt.

 

What is the best form of response please.

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You really need to keep all contact in writting.

 

Write to The Compliance Manger at Opus and make a complaint regarding their failure to keep to the agreement.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks. Would asking for a copy of my cca be sensible thing to do also?

 

Yes us the template fom the CAG library for the CCA request send £1 postal order for the statutory fee.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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and STAY OFFTHE PHONE TOO!!

 

get your cra file and find out the truth about this debt/

 

how old is it too.

 

there are many citi debts that are very much unenforceable.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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tsk, tsk, tsk.. so they have agreed a repayment plan and are now trying to renege on it. Very naughty indeed and you have loads of protection in respect of this. Have a read of the following article.

 

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

I Have just received from Opus a copy of what the decscribe as my original cca from Citi Cards/BMi baby with the covering letters attached.

 

 

The copy agreement has nothing personal to me on it and could be any agreement as far as I am concerned.

 

I have now managed to scan the two agreements that Opus have furnished.

What they claim is a true copy of my original agreement from BMi Baby & Citi cards and a copy of my current agreement with them.

 

I have not had a response to my letter addressed to the compliance manager regarding Opus not adhering to the agreed payment plan.

 

Have redacted the agreements and have reposted -

Thanks

 

This is the covering letter that Opus sent.

 

 

Is that what you were referring to.

Thanks

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scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They are ok it seems a reconstituted agreement satifies a cca1974 section 77/78 request.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi DX these were scanned at 200dpi

What do you want me to do.

 

If you have more than one document in the pdf, perhaps split into two to make it quicker to download ..

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I managed to download them.. These appear to only be terms and conditions !

 

There is nothing to say that these are specific to you, name, address, signature.

 

Were you given copies of these at the time you signed the document ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks - so is not having a signature of

any importance?

 

 

No not crucial for the CCA request, did you get a statement of the account?

 

If they wanted to take it further.. issuing a claim, then yes they would need to provide more than just some terms and conditions.

 

IMHO, you were led to believe you had a payment plan in place so these threats are very unfair.

 

In response to your CCA request you should have received.. copy of or reconstituted copy of the original contract - terms and conditions from inception, current and at time of default if different. If there were any variations during the period then you should receive copies of those as well.

 

Then you should have a statement of account.

 

 

To be honest, I would continue to make the payments as agreed.

 

Stay off the phone - you need everything in writing in order to protect yourself.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks very much.

 

I am still waiting for reply to my letter to the compliance manager.

 

Yes I am still making the regular monthly payments as agreed.

 

I just don't want them registering a default against me.

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  • 1 month later...

I have had two replies from Opus since last posting.

 

the first was a lengthy log of my recent contact with Opus but not a reply to my complaint.

 

They did state it was their final response and offered me £50.

 

I then wrote on the 25th January pointing out their responsibilities under Bcobs

and received a swift response attached herewith.

 

Should I just not bother and keep paying the £25 per month or should I push further.

 

I have not seen that they are reporting to Experian

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It is up to you. If you feel they have not answered your complaint satisfactorily then you can take it further to the ombudsman. I imagine as long as they leave you alone and stop with the threats then you are going to be equally happy ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 5 months later...

I have received in the past 7 days,

 

letters from 1st Credit and Opus (in the same envelope) saying that 1st Credit have bought the debt from Opus

 

and that I should contact them to discuss paying off the balance.

 

1st credit have been phoning texting and emailing for me to phone them.

 

The Opus letter is unclear as it says any further payments they receive from me, will be passed on to 1st Credit. .

 

I have not phoned them but have written pointing out that I will continue making payment in accordance with the existing payment arrangement that is in place with Opus.

 

They may not have had time to process my reply but have already threaten to issue a SD.

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1ST Crud have purchased the account with a payment arrangement in place and must accept it, so it will make little difference to anything apart from your payments taking longer to reach the account which will no doubt lead to stroppy letters from 1ST Crud.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 months later...

Just looking a this again due to moving house.

 

1st Crud acknowledged my CCA request but I have hear nothing more.

 

What is annoying is that Opus defaulted the account before they sold it.

 

Now 1st crud have updated the credit reference agencies with little other info other than the default.

Edited by manxie
spellos
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