Niddy vs Opus (ex CitiCard)

[Never-In-Doubt]

Re: Niddy vs Opus (ex CitiCard)

And isn't it also about being financially stultified due to incorrect adverse information on NIddy's credit files?

I don't think this will wash as remember I have the incorrect link on my credit file with over 30 defaults (at the time of the Opus complaint). So yea, whilst "my" personal element at MY genuine addresses were all showing fine (nothing at all bad - not even a missed payment), since Opus in August and HSBC in April - I now have 3 defaults and a string of late payments against me, obviously I am fighting all 3 accounts but still, that's the problem - one "could" argue that this is having more of an adverse effect however I cannot exactly say that I used to work for the banks in a security / fraud capacity and know that if your file is clear for the last 3 years, thats it - they do not search back - as they'll deny this based on the fact that it is computer recognised also based on N Hunter / CIFAS / Analytics info etc.

My point is, generally if you have a solid 3 years of good credit accounts then anything after this is usually ignored via most lenders as most only perform a 3 year check (6 if you have any adverse/markers etc). However this is an equation, like most other credit related stuff meaning that it's not as simple as all that and they can prove this as well, so I cannot fight using that angle.

Thus, saying the late entries by Opus have adversely affected me will also fail (IMO) as these incorrect entries were there and based on the above, they will discount the fact they are all so old and not mine.

My main argument could be based around the fact that I do get credit file, ie I opened two HBOS accounts in July and have a few cards BUT with this new data against me, I cannot get anything so I argued that I cannot move the balance to a 0% card and thus they've held all interest and issued a refund of interest paid, since August, to compensate for this as if I did move to a 0% card elsewhere.

Making sense....?

Basically, my options are limited here.

[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.

And isn't it also about being financially stultified due to incorrect adverse information on NIddy's credit files?

[PlanB]

Re: Niddy vs Opus (ex CitiCard)

Noooo loadsa people here know me! Loadsa people also know the stig

I'm just not as "big headed" as some forum administrators as this ain't about me, it's about you guys and the help we offer

Pah. This isn't about competitive egos (which you genuinely have never ever put forward) it's about whether you would have got a Barclaycard at 0% interest rate or any mortgage product or indeed any line of credit at all during the 13 months and beyond since Opus put that rubbish on your credit file (and the Default applied on your file this weekend?) isn't it? Hence your claim for damages. Clever Clogs where are you? Work with me here

[Never-In-Doubt]

Re: Niddy vs Opus (ex CitiCard)

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

Noooo loadsa people here know me! Loadsa people also know the stig

I'm just not as "big headed" as some forum administrators as this ain't about me, it's about you guys and the help we offer

[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.

[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)

Hi Niddy,
What about Defamation of character?

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

[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

[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.

[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

[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

[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

[helmsman]

Re: Niddy vs Opus (ex CitiCard)

Hi Niddy,
What about Defamation of character?

[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

[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