Niddy vs Opus (ex CitiCard)

[stevieb]

Re: Niddy vs Opus (ex CitiCard)

Either you hadn't read who posted those comments or this is sometimes a write-only medium.

or then again it could just be good old fashioned sarcasm :P

[Never-In-Doubt]

Re: Niddy vs Opus (ex CitiCard)

We have a preferred solicitors on this forum, please contact them by pm and they will evaluate your case and give you some information, it is up to you whether or not you employ their services.......................... failing that have another beer

Har Har - you need to go to comedy class mate....

[mgfboy]

Re: Niddy vs Opus (ex CitiCard)

Would love to mate but the problem is I'm struggling to work out exactly what I can sue em For?

The really annoying thiing is we can't hit them hard enough so they care, say that I do remember a client nearly shut down the Pru with a CCJ about 12 years ago that caused them some sweaty palms!!!!!

[Never-In-Doubt]

Re: Niddy vs Opus (ex CitiCard)

The really annoying thiing is we can't hit them hard enough so they care, say that I do remember a client nearly shut down the Pru with a CCJ about 12 years ago that caused them some sweaty palms!!!!!

Haha, most financial institutions have CCJ's now - they mean little to corporations - as they do not get credit assessed the same as the average consumer, thus it's quite irrelevant obtaining a CCJ against a bank unless you wish to utilise bailiffs etc at a later stage!

[garlok]

Re: Niddy vs Opus (ex CitiCard)

I agree with mgfboy here. They can be made to sweat. We sued Midland Bank in the eighties for fiddling the interest on a loan to the point of it never being paid off. Asked our local sol at the time to take a look. He asked opinion and briefed a barrister in London. A real bright bugger. He drew up a case which he said we would win although they would settle as they could not afford to go to court.

The case he drew up, had we won in court, would have ensured that all variable interest rate contracts/loans/mortgages on legal challenge would be void. Their rather silly woman barrister came running 5 minutes before the hearing having bluffed us to the court door literally, me pooing pants at the thought of losing and the costs at least a substantial 5 figure sum, begging us to settle before the hearing. They won't risk odds at 50/50 or worse.

We didn't get a lot as the case was made on a point of law, but we did achieve what we personnally set out to do which was to annul our loan and return us to the status quo prior to inception.

regards
Garlok

[Never-In-Doubt]

Re: Niddy vs Opus (ex CitiCard)

We didn't get a lot as the case was made on a point of law, but we did achieve what we personnally set out to do which was to annul our loan and return us to the status quo prior to inception.

Hi matey

Care to tell me some more, via PM if necessary...?

Basically Citi sold this to Opus and at the time they did so, they never transferred the DD yet I was away at the time and never seen this for several months, so it was all their fault as prior to the sale/transfer/whatever I'd never missed a payment in all my time of being a customer - over 3 years!

So since last August (ie 2010) I have had nothing but hassle from Opus, silly threatening texts and all sorts - however both the FOS and my own knowledge on the legal matters at question here, point to it being all their fault - but what exactly could I sue them over?

Hmmmmm

[helmsman]

Re: Niddy vs Opus (ex CitiCard)

Hi Niddy,
What about Defamation of character?

[Never-In-Doubt]

Re: Niddy vs Opus (ex CitiCard)

Hi Niddy,
What about Defamation of character?

I really don't want to sue for libel/defamation - it's such a fine line between victory and loss with horrendous costs to boot!
Thanks for PM Garlok, am on it now mate

[garlok]

Re: Niddy vs Opus (ex CitiCard)

Having a look through quickly. Have you thought of making a basic damages and compensation claim?

Basically your local car mechanic is going to charge £40 an hour so for every hour of your time opening, reading and assessing their letters at say £35 an hour. Then you have to compose, write and print replies. You have to store all of the documentation for future reference. Remember a bank will charge you between £12 and £30 to send you a letter if you go OD above the agreed limit which takes about 10 seconds of their time. Think about that cost which they calim to the court is "REAL". You have had to seek legal advice at whatever £199 per hour say HAVEN'T YOU? Loss of earnings, postages, use of your telephones (depriving your nearest and dearest access to lines and facilities you have paid for plus I would have thought interest over the period of time 8% or 9% statutory.

When we were and are threatening BC and Barclays I always add a rider that a 1% penalty charge on the outstanding balance will be addded to the capital sum each calendar month there is a balance outstanding. In the famous words of Lance Corporal Jones in Dad's Army "they don't like it up 'em". This really pisses them of.

regards
Garlok

[mgfboy]

Re: Niddy vs Opus (ex CitiCard)

Haha, most financial institutions have CCJ's now - they mean little to corporations - as they do not get credit assessed the same as the average consumer, thus it's quite irrelevant obtaining a CCJ against a bank unless you wish to utilise bailiffs etc at a later stage!

Your right about the CCJ bit, I had a chat this morning with a mate about the story , and he seemed to think the client applied for a winding up order from the court, due to unpaid money. At the time though , it really did make us laugh

[CleverClogs (RIP)]

Re: Niddy vs Opus (ex CitiCard)

Your right about the CCJ bit, I had a chat this morning with a mate about the story , and he seemed to think the client applied for a winding up order from the court, due to unpaid money. At the time though , it really did make us laugh

The good thing about a winding up petition is that, even if it was successfully defended, it would have "wound up" the jerks running that company.

[PlanB]

Re: Niddy vs Opus (ex CitiCard)

The good thing about a winding up petition is that, even if it was successfully defended, it would have "wound up" the jerks running that company.

CC, although your humour sometimes escapes me, that statement is just absolutely fucking brilliant

[PlanB]

Re: Niddy vs Opus (ex CitiCard)

Hi Niddy,
What about Defamation of character?

But Niddy's "character" is anonymous like The Stig and the Mona Lisa

[CleverClogs (RIP)]

Re: Niddy vs Opus (ex CitiCard)

Defamation would certainly be one possible tort, but I would suggest that a better line to follow would be the financial losses caused by the company processing data incorrectly and inaccurately.

[PlanB]

Re: Niddy vs Opus (ex CitiCard)

Defamation would certainly be one possible tort, but I would suggest that a better line to follow would be the financial losses caused by the company processing data incorrectly and inaccurately.

Or indeed the potential financial loss? Since Niddy was aware of the false inaccurate negative crap on his credit file he couldn't/wouldn't apply for any new credit knowing it would have been refused outright. No remortgage on better terms (forget the fact that Mrs Niddy owns the pad) or no new mortgages to buy a string of Buy-To-Lets in Never Never Land, and no business loans to progress and expand AAD (don't banks always check personal credit worthiness for this stuff?). Basically the availability of lines of credit Pause Button was hit when Opus registered incorrect information on his file.