Opus was Citi sold to 1st Credit - Now a default

[dx100uk]

so the new owner have failed your CCA request?

 

dx

[manxie]

Yes dx, that is correct.

[dx100uk]

sent the failure to comply letter

 

stop payments

 

dx

[theoldrouge]

which year does your agreement with citi date from?

[manxie]

The earliest statement I have is March 2008

 

Thanks.

[dx100uk]

not still on your CRA file is it?

 

that might tell you the date you took it out

 

dx

[theoldrouge]

Opus have a habit of sending out t&cs that predate your agreement, and are therefore not true copies.

 

 

Have a look at your original letter says t&cs from 1 11.2006

 

 

you need to find out as DX says from your cra file

[manxie]

Thanks for your help. CRA file says started 18-4-2007

[manxie]

Does the date that the original account was opened (which was BMI Baby/Citicards) have nay bearing on what action I should take please?

[dx100uk]

well that blows them right out the water then

 

those doc you post mention £12 PENALTY fees

and a date of 2010 on one set

 

the £12 fees did not come in until after the OFT bank charges investigation

 

so those T&C's etc are from AFTER 2006

 

dx

[manxie]

Thanks dx

 

but I haven't quite understood your point. I have brain drain at this time of the day!

[dx100uk]

I miss read the date of your cra file

 

2007 not 2004!

[theoldrouge]

been having another look at this and its interesting.

 

Your cra file says started 18/04/2007,

Opus say your ac is 0025 citi & bmibaby cards starting 1/11/2006,

and of most interest in your t&cs under 22 your right to cancel it says

"you can cancel by sending written notice to AUDI Card etc"

not a phrase I would associate with bmibaby t&cs.

 

At the moment follow as dx has said.

 

If it were me I think I would also send a SAR request to citi to establish that ac opening date.

 

It could be of much help to you in future if you could establish that it was opened prior to 6/04/2007

[manxie]

Thank you so much for your eagle-eyed look at my situation. I hadn't spotted Audi!!

 

Out of the blue I received what I presume 1St credit consider be a reply to my CCA request.

 

They have supplied a letter from Opus cards replying to my complaint that they were failing to stick to the agreed payment plan.

 

I intend to send the non-compliance to a CCA request letter next, unless someone suggests otherwise.

 

I will also SAR Citigards

 

Thanks again.

[manxie]

By way of a light update.

 

I have received a second letter from 1st Crud enclosing what they call a copy of my original agreement and at the time of the default.

 

Neither contain the required information.

 

In fact pages are missing and they are complete rubbish.

 

No statement etc etc.

 

The accompanying letter from their collections department, suggests I contact them to discuss the matter.

 

Well they can reply to my non compliance letter first.

 

They should have supplied the CCA by the 1st August, so they are three months late.

[manxie]

Ist Crud have now sent a letter acknowledging my complaint and outlining their complaints process. they have also deleted from credit file any trace of this account.

 

CCA request to Citi cards has been answered by Opus who returned the Postal order as it was made payable to Citi. What should I do now please.

[theoldrouge]

no SAR to Citi Cards not cca request, ac remains in dispute 1st Crud until they produce a compliant reply to your cca request

[manxie]

I have now had a Final Response from 1st Crud dated 4th December.

 

They acknowledge my CCA request of 26th July and go on to say that

 

they had to ask Opus for the information and they are not responsible for the delay in replying.

 

They then state what they say is a true copy and that is what they have supplied

- but it was incomplete with pages missing !!

 

They also acknowledge that the statement was omitted and include a summary in the letter.

 

They close by writing that they have now complied with the CCA request and hope that the matter has been resolved.

 

How can this be compliant when they haven't complied by the due date

and what they have sent is incomplete??

Any thoughts please?

[dx100uk]

scan the stuff up...

 

how about the sar ?

 

dx

[manxie]

Thanks dx

 

Letter uploaded.

 

I have not done the SAR as waiting for for 1st Crud. I have had a CCA from Opus in the past

 

Combined pdf of agreement that 1st Credit claim to be a true copy.

[manxie]

Just scanned and uploaded what 1st Credit sent as a true copy of my agreement.

 

 

As you will see they have only included alternate pages.

 

 

Therefore I could do with some help please on what my next course of action should be.

 

Thanks

 

Having trouble uploading two scans but will try again

Edited December 16, 2013 by manxie
Trouble uploading files

[dx100uk]

you should have done the sar regardless of the cca outcome ideally.

 

dx

[dx100uk]

still no signed cca too.

 

anyone could have made those and inserted your address

 

as its been sold

 

I think that speaks volumes upon what citi thought their chances were

 

dx

[manxie]

Thanks dx

 

Should I do the SAR now?

[dx100uk]

you should have sar'd them last novmber

 

information gathering is the key here

 

PROVE things rather than speculate.

 

dx