Jump to content


  • Tweets

  • Posts

    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

CITI/OPUS CARD Terms and Conditions Cabot chasing


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3150 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I've an ongoing saga with CABOT regarding an OPUS card which they say was my CITI card.

 

Shouldn't I have had some notification of some sort from CITI when this change occurred?

 

I've been waiting years for a CCA for my CITI card, but none has been forthcoming.

Link to post
Share on other sites

Have you told them that the account is in serious dispute due to the failure to supply the CCA?

I do hope you've not been paying them anything?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Opus bought out a lot of the Citi portfolio 3-4 years ago and I know Opus did send out some notification that they had acquired the accounts, although I suspect that as in your case, not all of them reached the account holders.

 

If it is any help, I completely ignored Cabot after a single letter sent to them as I too had no response from Citi to a CCA request, and have heard nothing from them for a couple of years. I wouldn't be surprised if Opus only picked up the accounts which had problems with enforceability to start with. I would do as BB suggests and record the fact that the account is in dispute following a failure to comply with your CCA request.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Yes I told them several years ago as they'd passed it on to FIRE who are still CABOT I sent them a copy of my previous letter. I was just curious about OPUS as I'd never heard of them. I certainly won't be sending any money to CABOT or FIRE.

Link to post
Share on other sites

  • 1 year later...

I've been holding off Cabot for about 5 years now.

 

 

They are claiming repayment of a Citi card debt, under the name of OPUS.

 

 

The latest letter includes a letter from OPUS.

it states that they do not need to include a signature box,

signature or date of signature in the copy agreements.

 

 

Cabot further state that I have received the card, PIN and susequent monthly statements.

 

 

I have never seen an OPUS CARD or PIN and have told Cabot this time and time again.

Link to post
Share on other sites

You send the prove it letter and then you do NOT respond or play any letter tennis games until they provide concrete proof of their allegation.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Also, was this said in writing or over the phone. because over the phone they will say ANYTHING to get you to pay. If they put it in writing, then they just made a very big mistake.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

It's all in writing, I've never had a conversation with either of the companies involved and they've been told several times to prove it.

 

Thanks,

 

 

I sent one years ago, but am about to send the updated one.

 

 

They also say that as I made a payment in 2010 to CITI,

 

 

that proves that the OPUS account is mine.

 

 

I'll wait for the next installment with bated breath (I don't think)

Link to post
Share on other sites

The old fictitious payment ploy rears its head again. Put them to proof that the payment was made, and was made by you. Cabot are very well known for inventing payments. It's technically fraud but they seem to get away with it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

sent them a CCA request not the prove it letter

 

 

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... 

Link to post
Share on other sites

cca request under s78 to cabot,

 

when does the account date from? was it citi or associates originally?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

It was originally Citi, I'd never heard of OPUS 'til Cabot wrote to me. I've sent the CCA letter to them years agoand all I've ever got back is T & Cs and now they say they don't need to include signatures according to a court ruling.

Link to post
Share on other sites

How old is this now?

Before it reaches SB? What is on your credit file?

 

Do you have proof/evidence that you sent them a CCA request?

 

Can you scan & post up the latest begging letter their computer sent you|.?|

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

It was originally Citi, I'd never heard of OPUS 'til Cabot wrote to me. I've sent the CCA letter to them years agoand all I've ever got back is T & Cs and now they say they don't need to include signatures according to a court ruling.

 

 

 

only for compliance with your section 77/8 request

 

 

to enforce in court

they'll need your SIGNED agreement and theo riginal T&C's

for a citi card they don't stand a chance in hell

 

 

go read some citi threads in the forum you are in.

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... 

Link to post
Share on other sites

Theyre bluffing you. It's standard practice for this outfit. They don't have the paperwork but are too greedy to admit it. They will say everything else but the truth.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • 5 months later...

I can't find my original posts on here so have begun again..

 

Still getting monthly letters from CITI,

plus phone calls.The latest letter is telling me they're reviewing the next steps available to them.

 

I.e.An alternative debt collection agency being instructed.

 

Instructing a solicitor to determine whether to take legal action

 

A field agent instructed to attend my home address.

 

I think they're getting desperate as this become Statute Barred at the beginnning of December.

 

Citi wrote to me in April 2020 tellling me my account was to be transferred to CCAM and would advise me when this accurred.

 

 

However I heard nothing from Citi 'til September 2010 when they terminated my agreement

and should cut up my card and dispose of it.

 

 

Enter Cabot some time later, asking for payment regarding an OPUS CARD.

 

 

I'd never heard of them, so informed them it was not my debt and invited them to prove it was mine.

 

 

February this year after much wrangling, they sent me the usual Terms and conditions from OPUS,

dated November 2010 saying it was a copy agreement and no signature was required

and that they would not be entering into any more correspondence re:The Agreement.

 

 

I received a further letter in March from Cabot, saying because I was resident at this address when the account was opened,

I would therefore have received the card, PINand subsequent monthly statements in order to use the card.

 

I've no idea what an OPUS card looks like and most certainly did NOT receive a card or anything else from OPUS.

 

What is my best next move please?

Link to post
Share on other sites

until/unless they find the signed agreement

best you ignore everyone

 

 

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...