Jump to content
  • Tweets

  • Posts

    • The tech giant's business was likely boosted by US sanctions against its Chinese rival Huawei. View the full article
    • We hear from three people who have started their own companies during the downturn in aviation. View the full article
    • Covid-19 has created extra problems this Halloween, so how are firms fighting back? View the full article
    • its a 12mts contract else why would it say till 2021 and first month..   simply states they don't charge a joining fee clever marketing ploy as people don't read things. it IS a monthly payment, that runs for 12mts.   but anyway there is stuff and all anyone can do to you.   dx        
    • Hi Slick,   Amazingly fast reply, thank you!   According to the reference on the payment it says "ON 24 SEP BCC" and the payment cleared 25th September at 11:26   I was simply told to sign up on the website by a staff member in the gym, no further information was given to me by them. The website stated that it's a rolling monthly membership that could be cancelled at any time "No contract membership JUST £14.99 a month, until 2021*" As far as I am aware there was absolutely no minimum membership length, unless there's some small print I've missed somewhere. But Harlands haven't mentioned anything about me being obliged to pay for a certain length of time so... I've attached a picture to this post of what I signed up for.   Also, I'm not sure if this has any relevance at all but the building is plastered with £9.99/month signs EVERYWHERE yet it costs £14.99 when you go on the website. False advertising 🙄 Could perhaps use that as leverage in a letter if it comes to it, I dunno? 😂
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Cabot/restons claimform - opus credit card 'debt'


Please note that this topic has not had any new posts for the last 1544 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

you now wait.

 

 

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

Hi DX,

 

Just put it in, hope I've made the deadline.

 

I'll keep checking on here and MCOL and will let you know if I ever get the replies from Restons and Cabot.

 

Thanks again, finding this place is like having a paddle when you're up sh1t creek!

 

Grateful Des.

Link to post
Share on other sites

time to read further down on those threads you got the defence from

then you'll know what comes next..

 

 

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

Hi All,

 

Just updating this thread after reading more details of other people's experiences and finally getting some correspondence.

 

I received a letter Saturday 28/11/15 from Cabots but it was dated 19/11/15.

It looks like they are pulling a fast one as the 19th was just inside their deadline to reply

but there is no way it would have taken the letter over a week to get to me.

 

 

They acknowledge that they've complied with the time limit but I suspect that's only by back-dating their letter.

Unfortunately there is no post mark on the envelope or any way I can prove that it was not sent out the same day that they have dated it.

 

 

On the other hand, as they did not send it by registered post they can't prove it was sent out on the 19th or received by me on the 20th.

 

Sorry, I can't scan and upload their reply.

 

The letter states that they do not have any of the original information requested under the CCA

but that they have passed the request on to the original lender and that it will take up to forty days to pass it on to me.

 

 

Surely, way past the two week limit?

They say that the Notice of Assignment was sent to me in 2011 and that is sufficient to justify their ownership of the account.

They may be correct on this so I will not dispute that it was never sent.

However they also say that this agreement is confidential between themselves and the original lender

so cannot be disclosed anyway. That can't be right, can it?

 

Today I received official confirmation from the Court of my defence being filed.

 

 

This states:

"Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence.

After that period has elapsed, the claim will be stayed."

 

 

As pointed out before, the original card was from Citibank but is now being referred to as Opus and they may not be able to find anything at all.

So if Cabots take between 28 and 40 days to respond will that be the end of it?

 

As of today I've not received anything from Restons and they are over two weeks past their seven days to respond CPR request

. It would take some serious date fiddling for them to cover that up.

 

I don't intend to do anything at the moment but want to keep things updated for others in the same situation.

 

 

Any answers to the above questions would be useful for me and others.

For now I'm keeping my head down in the trenches and hoping it will all be over by Xmas.

 

Thanks again for all your help,

 

Des.

Link to post
Share on other sites

eitherway it doesn't matter if they fail any limits you put in the letters.

 

 

the 40 days is cabots std response

dunno want you mean about the agreement being confidential???

you don't mean you asked for the deed of assignment did you

that would match tat answer

the agreement is not confidential the deed is.

 

 

as you've spotted and been told, and prob read but forgot...

 

 

they have 28 days from your defence to file if they don't its stayed.

 

 

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

Hi DX,

 

Thanks for getting back so quickly.

 

Yes I realise that the court's 28 days limit would take precedence over Cabot's 40 days delaying tactics and that's what I'm relying on.

 

 

I've looked through some of the other Cabots threads on here but I don't know if I'm alone in them dating a letter

just within their deadline but then it not arriving until nine days later.

Looks very suspicious to me but it can't be proved.

 

My original request to them asked for "a copy of the assignment between Opus and yourselves dated **/**/11

and a statement as to whether it is a simple or absolute assignment".

 

 

I did not ask for a copy of the deed itself or any confidential (business sensitive) information,

really just a copy of the letter they say they sent me at the time to prove that they have a valid assignment in order to make their claim.

 

 

Maybe I cocked up the wording but it was from a standard request letter.

 

Thanks for your help,

 

Des.

Link to post
Share on other sites

so you changed our CCA request from what was written?

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
  • 8 months later...

Hello again,

 

Sorry to bump my old thread but I've finally got a reply from Cabot. Despite asking them for the information in your template on 4/11/15 and giving them 14 days to provide it I got my reply on 4/8/16. I've never heard anything from Restons despite writing to them at the same time.

 

They've provided copies of an agreement with Citibank which are unsigned and some statements from 2010 when I'd stopped paying. This does confirm that my last payment was over six years ago though.There is no information on the transfer from Citibank to Opus on whose behalf they are pursuing me. They acknowledge that it is "a reconstituted true copy of the credit agreement", but it "complies with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and so complies with s 77-78 of the CCA 1974".

 

Surely if there's no evidence of a signed agreement between me and Citibank in the first place and no evidence of the transfer of the loan to Opus Credit Card then the debt is unenforceable. Despite what common sense says they maintain that they have provided enough information and "consider that the agreement is now enforceable and therefore we are entitled to obtain a CCJ against you".

 

Should I write to them and politely point out their delay in replying and lack of all the relevant information or go back to my old tactic of ignoring them and hoping they go away?

 

Thanks for all your help in getting me to this stage last year, I'd thought that after nine months of not hearing anything the problem had gone away but apparently not. Any more assistance would be greatly appreciated and (even though I'm pretty hard up these days) rewarded.

 

Des.

Link to post
Share on other sites

You ignore totally

The claim is stayed

If they want to pay the fee and chance their arm with unsigned filing cabinet copy and paste rubbish

Then the court will tell you so

 

Till then ignore

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

Oh and Cabot are not chasing for opus or citi

The debt was sold

Nothing to do with either OC

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

Thanks DX,

 

Head back in sand as before! I'll get back in touch if I hear any more and if I make it to Xmas in peace I'll send a small present to the site.

 

It means a lot to people like me facing these difficulties to know that there is some sensible support available.

 

Grateful Des

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...