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  • #1

    Opus reply - No signed paper found....at this time

    Hi all,

    First post as advised by Niddy to join this forum set up for up to date templates and expert advise

    I have been using some outdated templates on mse posts to the point that Opus have sent a final letter to say they will still send details to the credit ref agency and the last letter threatened if I don't pay in full it will go to a collection agency!

    They have also said they will continue to look for my signed copy but under section 78 it is no longer needed to make me liable to pay...is that even true? I am 90% sure I never signed one 4 years ago with citi (previous owner before Opus) and 100% sure I never did with opus as I never even knew it had changed them and had cut up the citi card and never had a card or used opus.

    I am just stuck on the best way to go as I was going and which template to lead from as I have been using a few outdated ones (I think the stage I am at still has the same outcome) but want to make sure at this stage I send them the lastest and best wording as my credit rating was really good before this and its starting to stress me out knowing there eating at it. Adding to this I have just got a text from a company called lowell saing I have to ring them and am pretty sure this will be related to them
    Any help or advise would be great on the correct template from http://www.all-about-debt.co.uk/temp...y/section4.php
    and also if they are allowed to effect my credit rating and pass to agency if they still cannot provide me a signed copy.

    Thanks for your time :-)

    Roan
    Tags: account, accounts, agency, april, card, cca, charges, con, court, credit, credit agreement, credit rating, date, dca, debt, details, firm, help, letter, lowell, mse, niddy, no cca, november, online, paper, pay, rating, signature, templates, terms and conditions, text, unenforceability, unenforceable
  • #2
    Re: Opus reply - No signed paper found....at this time

    I would send this if it were me--------> Final Response - Unenforceable (No CCA Received)

    and yes they are allowed to effect your credit rating...........

    ps.......... Hi and welcome
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Opus reply - No signed paper found....at this time

      1) You say you took it out 4 years ago? That would make it 2008 yes/no? If no, then was it before or after 6th April 2007?

      2) They haven't sent you a signed agreement, but have they sent you a "reconstituted" unsigned one and/or terms and conditions?
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Opus reply - No signed paper found....at this time

        Didn't citi sell to opus in 2010 (November) - if so ue will not apply, assuming you opened it in 2008.....

        Can you clarify the exact start date please?

        Hi
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Opus reply - No signed paper found....at this time

          Thanks for the reply, the only part that is a little different (and not sure the best way to reword) is this:- "I requested a true copy of the credit agreement to which I genuinely expected to receive an exact copy of that which you hold in your records i.e. an actual "replica" of the agreement which is allegedly signed by myself and your representative."
          They did not even send me a copy with my signature as they said "it could no be located at this time" it was just a photocopy of some terms I had never seen before with a blank signature box.

          Can I just mention to them I have never had any kind of terms and any paper work with a signature?

          Thanks again

          Comment

          • #6
            Re: Opus reply - No signed paper found....at this time

            The Citi account paper work goes back to may 2008 which is when the account with them started and then changed to Opus in 2010.

            And yes it is a reconstituted unsigned one and terms and conditions I never recieved from them before.

            Cheers

            Comment

            • #7
              Re: Opus reply - No signed paper found....at this time

              Well a signed agreement is not required under a s78/9 request. A reconstituted version is acceptable. They can't send any old rubbish to reconstitute one. There are requirements on what is needed to comply. So may be worth emailing scans of what they sent to Niddy to see if they have complied with s78/9 or not?

              However, more importantly, can you confirm whether the account was taken out before or after April 6th 2007?

              That date is more vital, as only accounts opened before that date can be irredeemably unenforceable.

              Accounts opened after that can be temporarily unenforceable if s78/9 is not complied with, but a DCA/credit can rectify that at any time.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: Opus reply - No signed paper found....at this time

                Hi,

                Would Opus know the dates? They have only sent me there copy of the terms as by the look of the paperwork they do not know when the Citi side started?

                Comment

                • #9
                  Re: Opus reply - No signed paper found....at this time

                  Yes opus would know the start date plus if they tried to enforce you'd be admitting it in court if you knew.....

                  You should blag it though. Opus aren't court friendly....
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment

                  • #10
                    Re: Opus reply - No signed paper found....at this time

                    Thanks Niddy,

                    I just am not getting on with this company....i had no issue with them at first as I was never told about a change over and then they started adding some charges on to the account that I wanted taken off and everytime they said they would the next month more where added and I had to start again and get lied to all over

                    Its only when I read ablout this online its matched never having any paper work and as i thought they have nothing but a blank signed box. Just wish my Citi account was a year older

                    Roan

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