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Opos Limited - Ignoring Section 10 Request From 2012 - With Final Response

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Good Afternoon CAG

 

Firstly i would like to thank the people that helped me in my first two issues that are now resolved you know who you are much appreciated.

 

I have another issue that involves opos limited in 2012 i was being contacted constantly bu this company they were even harassing my employers switchboard trying to contact me.

 

in July 2012 I was asked to attend a HR meeting with my employer to discuss informally the nuisance calls that there switchboard was receiving from Opos Limited asking for me and being very aggressive with staff, I was asked for this to stop as company switchboard was not my personal secretaries and if it continued we would be coming back for a more formal discussion.

 

Immediately i contacted the ICO who advised me to send them a section 10 notice for them to remove my details and i did state they should correspond with me in writing, I also sent an email as well stating the same thing

 

Everything stopped for 3yrs 5mths, Then December 2015 i received an email at work from Opos followed by harassing calls to my mobile, I once again asked them to remove my details and they were in breach of the section 10 notice sent to them in July 2012, They once again removed by details and said they would only correspond via Letter as requested.

 

You would think this was the end sadly not :-x

 

Roll on March 2016 once again start ringing me sending emails to my work wouldn't stop, I contacted Opos which i am very lucky to have a call recorded on my phone which records all out and inbound calls and has been very handy in the past, I wanted to make a complaint which i was told i couldn't and they wouldn't take one , Spoke to a manager who also refused to take the complaint same time also refusing to remove my details stating they sent me a letter to an old address saying that if i do not reply to them via letter they would re-instate my details and start contacting all over again,

 

I sent an email to Opos expressing my dissatisfaction on what was happening they responded via letter to say they would investigate my complaint and would supply me with a final response, Many weeks had past and approaching the 8 week deadline, I called them to be told it was sent out on the 27th March and still in the post, I asked if they could sent a copy to my email. Next day they started harassing me once again two calls 8.00am & 8.01am Yesterday morning i answered second time the agent from Opos was so aggressive and rude i asked to make a complaint and be put through to her manager, I explained to her manager very clearly i wished to make a second complaint in relation to the agent i had just spoken to, They once again like the first time refused to take the complaint stating they had already sent a final response and i should take it up with financial ombudsman, I explained that this second complaint is nothing do do with the first complaint and is in relation to whats happened on the call today, Once again manager refused to take complaint and hung up on me, I email Opos complaints team after this, They responded saying the manager may have be confused by what i want to do and want me to send them the complaint again, I will be refusing i have made it very clear twice on that call in great detail of my complaint so should have to do it all over again they have already sacked somebody over this the first time as you will see from final response. Now there repeating the same thing all over again :???:

 

Here is Opos Limited's Final Response --- I have removed identifiable contact numbers and email addresses

 

 

Further to your recent communications with our office, I am concerned to hear that you have been dissatisfied with the service that has been provided. At Opos Limited we always welcome customer comments as it helps us to review our processes and where necessary put things right for you.

 

Please note that this debt was purchased in December 2014 by Kapama Limited and as a result is now being managed by Opos Limited.

 

My understanding of your complaint is that:

 

1. You were contacted by email to an employee email address which you had previously requested was removed from our systems

 

2. You were unhappy that a complaint had not been logged on the first occassion that you expressed you were dissatisfied

 

 

In reference to the contact information we held for you, the email address of @bri was supplied during the application process for this loan, along with a second email of @live.co.uk. On the 10th July 2012 we sent an email to both of these email addresses requesting that you contact us to resolve the above balance. At this point we were acting on behalf of Mini Credit and both of these emails were supplied as a contact method for yourself.

 

Following this, we received an email from you requesting that the contact emails were removed and that we contact you only by post. At this point we did remove all other forms of contact, which included both email and telephone numbers.

 

We did send information to you by post as requested on three separate occasions; 19th July 2012, 24th July 2012 and 9th September 2012. This account was then passed back to Mini Credit in 2012 as we were unable to contact you. In December 2014 this debt was purchased by Kapama Limited, and the account was then reopened with Opos Limited on 16th October 2015. We again attempted to contact you by post, however had no response. As a result of this we reinstated the contact telephone number of 07 and the email addresses we had on the system, as we had no other way to contact you to discuss your outstanding balance.

 

We spoke with you on 7th December 2015 and again you stated only to contact you by post. Our agent advised you at this time that if we had no response via post then we would reinstate other contact methods, as we had an outstanding balance to resolve with you. Again, we had no response from you by post and no payments were made towards your outstanding balance. As advised, the contact information we held for you was reinstated as we had an outstanding balance to discuss and had been unsuccessful using the contact method you had stated you would respond to.

 

In terms of the annual account statement, this is a document we send out in line with the regulatory oblilgations set out by the Financial Conduct Authority. These were all set out by email and it was appropriate to send this to you as we had no contact from you to resolve this balance.

 

I understand that you called in on 15th March 2016 as you were unhappy you had recieved this. Our agent did advise why this was the case and explained why the contact information had been reinstated, but at that point you advised her that you wanted to make a formal complaint. Although you did end the call, this complaint should still have been logged and I can only apologise that this was not done at that time. This was down to the human error of the particular agent who dealt with you. It is unfortunate that in this instance we have not achieved the high standards we set ourselves and can confirm that the right level of feedback has been given to the individual concerned. In addition, further steps have been taken to ensure that this cannot happen again and the individual concerned is no longer employed by Opos Limited. Feedback has also been given to the collections team using your case as an example of how human error can negatively impact our customers’ journey.

 

For the record i did not hang up i was transferred to a manager who also started stating i could not raise a complaint backing up here colleague, So looks like they sacked the agent and not the manager even though both equally responsible,

 

Here are some other points they make not relating to my complaint do not know why they included it since i have never acknowledged this debt and never will,

 

The credit agreement sets out the borrower: your name and correct address, the duration of the credit facility, the amount of interest charged per day and the APR, the charges applied should you not pay back the amount in time, as well as all terms and conditions associated with this information.

 

According to the information provided by Mini Credit at the point of sale, the default date of this accountis 5th July 2012. Unfortunately, a copy of the default notice issued to you was not included in the documentation provided but it should be noted that whilst it is good practice and should ideally be done, lenders are not required to issue default notices before recording defaults on a credit file.

 

Because of this, I have to tell you that I am only able to partially uphold your complaint. I appreciate that this is likely to come as a disappointment to you but I hope that my explanation has been helpful in setting out clearly why I have taken this view.

 

That said however, in an effort to put things right for you and by way of apology for any inconvenience caused, I propose to remove the debt collection fee from your outstanding balance, which will reduce

 

Opos Limited

 

Registered Office: 2nd Floor, 15 Meadowbank Street, Dumbarton, Dunbartonshire, G82 1JR Registered in Scotland: SC338837

 

Telephone: 0141 428 3990 Email: general@oposlimited.com Secure Website: www.oposlimited.com

 

Authorised and Regulated by the Financial Conduct Authority: IP616281

 

Calls may be recorded for training and quality purposes

 

your balance by £100 and leave an outstanding balance of £1,089.00. Upon repayment of this balance, this will also be reflected on your credit file.

 

If you wish to accept my proposal as final resolution of your complaint, please complete the section on the bottom of both copies of this letter, retain a one copy for yourself and return the other to me within 30 days of the date of this letter. If you fail to respond to this offer within the given timeline my offer of resolution will not be binding and the full outstanding balance will be due.

 

To date i am in the middle of taking my complaint to ICO as a Section 10 has no time limit and feel my data is not been processed correctly.

 

I need somebody help me put a case together to send to the financial ombudsman, Also is what they say correct

 

lenders are not required to issue default notices before recording defaults on a credit file

 

Thank you for taking the time to stop by and thank you in advance for any advice you can give me as the harassment is non stop,

 

Regards

 

PCR

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you should have updated them with new address etc etc.

 

sadly they are correct

they don't need to issue a DN to default you

 

however only the original credit can default you

the debt buyers can only mark the monthly calendar or update the default.

 

if you had numerous debts and PDL's

why not go down the irresponsible lending route.


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The first thing to do is to stop phoning Opos-keep every thing in writing.

 

Also I am surprised that you did not complain to the FCA immediately they started phoning you at work.

 

You haven't said how much you originally borrowed from Minicredit-probably a couple of hundred or so-has any of the companies written to you breaking down how their charges now total £1189? Opos and Kapama are sister companies who bought Minicredit's debt book when they fell foul of the FCA back in 2014.

 

It is interesting that they don't appear to be threatening you with legal action. This could be because

a] they are a very caring company [yeah right]

b] they know they have no chance of their inflated charges being agreed in Court.

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Thanks for your reply DX

 

This amount they are asking for is mostly made up of charges :x

 

My major concern is that Section 10 of the data protection act is not fit for purpose

if a company can come along under notice and re-instate details back on to their system multiple times,

ICO are also concerned about the amount of incorrect data they are processing.

 

Below This sounds very long winded!! I am just about to re-activate my creditexpert account see what's occurring on my credit file

 

if you had numerous debts and PDL's

why not go down the irresponsible lending route.

 

Thanks

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I have been checking my credit file and cannot see any default registered against me by either minicredit or Opos limited

 

There are many going back to 2011-2012 by payday lenders where back then they were constantly throwing money at me affordability checks were non existent, Constant roll overs, I was robbing peter to pay paul constantly back then

 

I think that i may challenge everyone on my credit file even wonga as they were made to deal with customers that were affected by their practices, There mis-selling was very ripe back when i took mine out???

 

Payday Uk, Wonga, Motormile Finance, Lending Stream These companies are showing

 

Since these payday lenders my situation has improved never used then again and never spent above my means learnt a hard lesson

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to me

you sound like a perfect candidate for irresponsible lending claims.

 

 

that will sort everything inc your credit file.


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Opos up to their usual tricks. Tell them to jog on They NEVER go near court because they know the second a judge sees their stupid charges, the entire case will be thrown out. If they were going to do something, they would have by now. Have a read of harrison vs link, as you can use that case against them in court for harassment.


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

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to me

you sound like a perfect candidate for irresponsible lending claims.

 

 

that will sort everything inc your credit file.

 

Thanks DX

 

Yes i am looking into other threads on this matter to see about where i start and how others have got on with irresponsible lending.

 

In the final response it mentions about the default?? There is not one registered at all by either mini credit or Opos Limited on my file

 

Very weird i can see no record of Three mobile account paid in full every month for last 2 years + on my credit file, Or my current account??

 

There are some positive factors on file

 

You have 33 settled non-mail order credit accounts.

 

The average age of your credit accounts is 21 months.

 

You have not made any credit applications in the last 6 months.

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Opos up to their usual tricks. Tell them to jog on They NEVER go near court because they know the second a judge sees their stupid charges, the entire case will be thrown out. If they were going to do something, they would have by now. Have a read of harrison vs link, as you can use that case against them in court for harassment.

 

Thanks renegadeimp

 

Interesting read what a gentleman kept everything sent to him love it :-D

 

I have a call recorder on my android phone which is Free,

 

 

Most amazing tool to have especially with he said she said battles or blatant denial of conversations,

The premium version for 3 quid will upload all calls to dropbox or anywhere else u wanna store them,

can set it to record all inbound and outbound calls you make,

 

 

I urge everyone to have these sort of tools to catch vital evidence in case its needed down the line or to catch a company out lol

 

I would love to go court so they can justify the charges and see it thrown out.

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I have just been into my email address which i would of used for wonga back in 2011

 

I have found this email sent back last year seems i was affected by everything that went on here is the email below, Any thoughts i paid them a lot of money all the settled loans for wonga still showing on credit file and there is loads of them all mis-sold

 

 

Dear Mr

 

We are writing to you as a current or previous Wonga customer. If you believe you have received this email in error please call our customer care team free on 0800 840 0571 or if you are calling from a mobile on 03330 015 104.

 

You don't need to make any more payments

 

On the 10th of February 2015 we took back ownership of your loan agreement number XXXXX from Portfolio Recovery Associates (UK) Limited (PRA). Under our new affordability rules you would not have qualified for this loan. So we bought your loan back from PRA and have written it off. It's part of our commitment to make things right for our customers.

 

This means you do not owe PRA or Wonga any money and you do not need to make any further payments.

 

We recommend you contact your bank to cancel any payment instructions, such as Standing Orders. Any amount that you repaid to either PRA or Wonga from 10th February 2015 will be refunded. If you have received any communications chasing payments on this loan, you can ignore them or if you would prefer to speak with someone you can contact our customer care team.

 

This will not impact your credit rating. All entries related to your affected loan have been removed from your credit record.

 

If you are in a position of Bankruptcy, you have entered into an Individual Voluntary Arrangement (IVA) or your debt is being managed through a Debt Management Company, it is your responsibility to inform the person managing your debt that you no longer owe this money.

If you would like to speak to our customer care team, please contact us free on 0800 840 0571 or if you are calling from a mobile on 03330 015 104, alternatively via email to accountreturn@wonga.com. We’re here to help 24 hours a day, every day.

 

Best wishes,

 

Customer Care

http://www.wonga.com

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i have now found the information of minicredit loan

 

The original loan amount was for £179.00, It is now £1189

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Here are some other points they make not relating to my complaint do not know why they included it since i have never acknowledged this debt and never will,

 

PCR

 

I am sorry you are going through a difficult time

however the more I read of your post the more I saw an underlining theme.

 

 

The quote above summaries this up.

 

 

Firstly answer this question honestly

- Did you borrow money and not pay back what you should of ?

 

If the answer is no you did not borrow any money and are not liable for the debt you should be escalating this to the Ombudsman and taking very strong action.

 

However,

if you did borrow money and for what ever reason could not pay it back you should look to negotiate an amicable settlement on the debt.

 

 

In my long years of working in the finance industry when it comes to debt, customers invariably fall into 2 main category's - 'Can't pay - or 'Won't pay'.

 

 

If you cannot pay then a full financial review needs to be done to assess the best course of action to help you.

 

 

If on the other hand as your above quote states and the whole tone of your thread imitates you fall into the 'Won't pay' category why are you posting on here about being unfairly treated and harassed when you are evidently making zero attempt to resolve the issue?

 

 

I agree all company's should operate honestly and ethically but you cannot post issues like this when you potentially are not behaving in the same manner.

 

 

this comes back to the original statement

- If you borrowed the money contact the debtor,

do a financial review,

and come up with an agreeable arrangement to resolve the matter.

 

 

Ignoring the debt and your legal obligation to pay back what you borrowed makes you as bad as the people that are chasing you.........

 

Honesty and integrity goes both ways.

You cannot expect to ignore a debt, raise complaints and hide behind legislation in the hope it will just go away.

 

 

Be pro-active to resolve the issue and ensure you utilize great organisations like CAB if you are unsure how to do this.

 

Regards

 

'HonestAdvice'

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Very suspicious post for a first time poster, especially on an old thread.


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

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Not suspicious just honest.

 

I was reading up on the company to get some information on their practices and how the operate and saw your post.

 

 

Based on what I read I felt compelled to sign up and post my message to you.

 

 

take the advice as it is genuinely meant.

If you borrow such a small amount I agree the balloon interest and its final balance is crazy

- make them an offer of paying back the original loan + the interest that was due+ small admin fee for their efforts and you can then have peace of mind you have made a genuine attempt to resolve the matter and have behaved in the manner you are expecting them to adhere to.........

 

It goes both ways :)

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nope. We'll let the site team decide. They are more knowledgeable


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

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totally ignoring the irresponsible lending route ofcourse

and making the moral judgement point..

 

 

not applicable.

 

 

and from 2012 issue too


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'nope. We'll let the site team decide. They are more knowledgeable'

 

Firstly they are not more knowledgeable I have been in the industry for over 20 years so I do know what I am talking about. Secondly, your response says it all. You are not prepared to take any ownership so you clearly fall into the 'won't pay' bracket and although I do not agree with the company's practices I cannot have sympathy for someone that was learnt money in good faith and will make no effort to pay it back. You are not practicing what you are trying to preach on here about what is right and what is wrong so you devalue your whole thread.

 

Good luck in your endeavors I only hope you are not at the receiving end of someone not paying you back when you help them out...........

 

Regards

 

'HonestAdvice'

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totally ignoring the irresponsible lending route ofcourse

and making the moral judgement point..

 

 

not applicable.

 

 

and from 2012 issue too

 

 

That old chestnut uh - It wasn't my fault I was lent the money and spent it - It is the leaders fault for being stupid enough to lend to me ? Nice to see so much morality kicking around on here. The moral judgement is 100% the issue here. If you are lent in good faith you should pay back accordingly unless your circumstances have changed and then each case should be treated accordingly - with due empathy and consideration.

 

What you are almost advocating here is borrowing money and deliberately not paying it back and trying to get away with it - How is that justifiable ? As for 2012 I don't get your point - The debt is still enforceable if the individual did borrow the money which is now very clearly the case.

 

People post on here for help and support when things are tough and it is great to see people trying to help. However, posting about bad practices when you yourself are demonstrating such practices sounds a tad pot kettle black............

Edited by HonestAdvice

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See. very suspicious advice on an old dead thread. So, which one of these companies do you belong to? And dont say none and laugh, as we both know you do.


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

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yep you got that right anyway..

 

 

people post here for help..

 

 

.not to be morality judged.

 

 

says it all really.


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Just so you know this is 100% genuine

I am actually looking for work as I got made redundant 5 weeks ago.

 

 

I was doing research on the company you have had issues with and spotted this thread.

Don't get me wrong what they have done is far from ideal and in turn reading this will ensure I will not be applying for any positions there.

 

 

However, I do know what I am talking about and if you seriously want to resolve this issue rather than ignoring it hoping it will just go away

- Make them a 'fair offer' that you can afford then your whole thread has the moral high ground and the legal one as well, as you have attempted to come to an arrangement that you can afford.

Speak to CAB they are free and verify what I am saying.

 

Your whole thread will then have meaning and importantly you would have done the right thing !

 

 

If they behave inappropriately during this process then you throw the book at them simple as that and you can then turn to this site for all the help you can get with a clear conscious..........

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yep you got that right anyway..

 

 

people post here for help..

 

 

.not to be morality judged.

 

 

says it all really.

 

 

I gave advice - very simple and honest advice - Speak to them and come to a fair arrangement that is affordable. That is the BEST advice rather than just ignoring them and looking for loop holes to get out of a debt.

 

As for the moral judgment it is a simple case of doing the right thing. How can you post on here for help when you are openly admitting you are making no effort what so ever to resolve the issue but instead looking for ways 'around it'...........

 

Take the advice as it was genuinely intended - Speak to CAB get them involved and attempt to come to a fair arrangement. Ignoring them when you know you borrowed the money makes this whole thread hypocritical and devalues other peoples posts on here.

 

This site is to help people in genuine need - It should not be used to find ways out of things because you do not want to pay something back not because you can't but because you choose not to.

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but who says they are ENTITLED to any money if they did not abide by certain rules

which if they had have done..re 'responsible lending guidelines'

 

 

the OP would not be in this position in the first place.

 

 

CAB or whatever never ever check the legality of a debt.

they simply arrange payment.

 

 

doesn't give us nor the OP any warm glow inside to recommend paying .just because its morality the right thing to do...

 

 

I hope you don't ever get a job financially advising people - god help them.


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but who says they are ENTITLED to any money if they did not abide by certain rules

which if they had have done..re 'responsible lending guidelines'

 

 

the OP would not be in this position in the first place.

 

 

CAB or whatever never ever check the legality of a debt.

they simply arrange payment.

 

 

doesn't give us nor the OP any warm glow inside to recommend paying .just because its morality the right thing to do...

 

 

I hope you don't ever get a job financially advising people - god help them.

 

 

So you make the assumption this person was leant the money incorrectly and the lender is just bad - solid not. You then go on to make assumptions on my skill sets about helping people in financial difficulties because I recomend resolving the issue rather than trying to avoid or hide from it - again solid not. You also state CAB only make payment arrangements and do not give advice on legality of a debt also not correct. Lot of statements from yourself just not adding up here mate.

 

I could easily tell the person in question how to 'get out of paying this debt' but then he has not once stated he cannot afford to pay it. I have helped thousands of people resolve their financial problems and i have always done it honestly and ethically. It appears to me all you want to do is find loopholes in the regulations to avoid paying what was borrowed. That makes you as bad as the unethical lenders that have been allowed to operate in our country...........

 

The individual borrowed a relatively small amount of money - what was the payback on the original loan ? Did he pay any of this back ? What did he do when he could not pay this back ? I don't see you asking any of these questions or looking at the complete story here ? All I see is someone casting up and offering no solutions. If you will not take my advice of speaking to the charitable organisations that are out there to help you that are free - ie CAB, Stepchange, National Debt line, and just post on here to find ways out of debt by circumventing the rules to suit yourself then you are no better than the people you are complaining about.

 

Burying your head in the sand hoping it will go away is the worst thing you can do. Posting on here trying to find ways out of an obligation without trying to make any form of arrangement subject to your circumstances or utilising the free organisations I have posted above is the second.

 

Good luck in your endeavours and I hope you get the matter resolved.

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honestly and ethically = the morality card...

 

 

nuff said.

 

 

dx


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Single Premium PPI Q&A Read Here

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