Newbie Needs Advice On How To Reply To OPUS Debt Limited

[Teer]

Hello All,

Just wanted to update you all as promised. I received a letter a few days after sending mine & they have initiated an internal investigation about my assertion of harassment by their persistent calls & contacts - not sure if an internal investigation really means anything but at least it has been now acknowledged.

On the issue about their two claims which they alleged & have been hounding me for - they have closed the account & removed my details from theirs & Capquest's systems & have stated that they will no longer contact me so really great news & all thanks to all you kind & helpful folks here - I am beyond more than grateful for everyones help & input & a great burden has been lifted off my shoulders - my sister has Cancer which is not going too well & this issue on top was really adding to all the extra stress & anxiety.

If it might help or be of some assistance to anyone else that is or may be in my predicament, I have attached a copy of the letter they sent me. I am very glad I listened to everyones advice & sent the short template letters provided & not my much more rambling longer one.

Thank you most sincerely everyone!

OPOS LETTER RECEIVED005 2.pdf

[Sparkles]

No it doesn't get connected to them. If you answered the call then you'd get the autodialler playing the message to you. When your voicemail picks up the autodialler thinks it's you and plays out the same.message into your voicemail, then you just hear it being played back in the same way as a message from anyone else.

I get calls from PRA daily which go straight to my voicemail, I'm not sure if you can block them completely.

[Teer]

I get those too - it's an auto dialler thinking you have answered when the voicemail picks up. You are just hearing a recording of what they were saying thinking you had picked up, rather than a call actually being instated to them.

Hi Sparkles,

Sorry to sound dense but just to check, the voicemail then does not get connected/diverted to them then? On another note, I keep blocking their numbers & texts/messages on the iPhone but despite this, they are still able to leave new ones with the numbers that have been blocked - how is that even possible?

Oh, and another 2 more voicemails this morning of the same type!

Many Thanks!

[Sparkles]

I get those too - it's an auto dialler thinking you have answered when the voicemail picks up. You are just hearing a recording of what they were saying thinking you had picked up, rather than a call actually being instated to them.

[ca71]

Hi All,

Thank you everyone most sincerely for all your help - you all gave me focus & direction. I sent off both the Statute Barred & Harassment Letters separately today via Recorded Mail so I guess I will just now have to wait to see what transpires.

Ironically, today, twice I got a voicemail message from an unrecognised number & upon checking the voicemail to determine who was calling & why, I heard a message stating something along the lines of "to stay on the line & the call will be transferred to an agent to discuss the account & that I would not be charged for the call". I hung up at that point.

I had no idea that retrieving ones voicemail could allow another party to then automatically open a line to them - that is scary to say the least as Voicemail should be private & secure. I use an Apple iPhone & am astonished that Apple would allow this considering how much they claim that privacy is so paramount to them.

Does anyone know a procedure/process to stop this kind of intrusion on ones phone?

I will keep you all updated & once again, sincere thanks.

I get these, too. I think it is the outgoing call not realising that it has been sent to voicemail. I'd ignore them and never answer calls from no caller ID numbers.

[Teer]

Hi All,

Thank you everyone most sincerely for all your help - you all gave me focus & direction. I sent off both the Statute Barred & Harassment Letters separately today via Recorded Mail so I guess I will just now have to wait to see what transpires.

Ironically, today, twice I got a voicemail message from an unrecognised number & upon checking the voicemail to determine who was calling & why, I heard a message stating something along the lines of "to stay on the line & the call will be transferred to an agent to discuss the account & that I would not be charged for the call". I hung up at that point.

I had no idea that retrieving ones voicemail could allow another party to then automatically open a line to them - that is scary to say the least as Voicemail should be private & secure. I use an Apple iPhone & am astonished that Apple would allow this considering how much they claim that privacy is so paramount to them.

Does anyone know a procedure/process to stop this kind of intrusion on ones phone?

I will keep you all updated & once again, sincere thanks.

[Timewilltell]

Can I suggest that we put some plain old common sense perspective on this.
The alleged debts they refer too, you believe to be circa 8-9 years ago, to which you have no recollection of making any payments or communications in that period. At no time in this period have you reason to believe that a CCJ has been applied to you.
so what are you concerned about?

let’s say I lent you some money 8 years ago and decided to do nothing until today, what would you say to me? Would you pay me? So what do you think a court is likely to do, bearing in mind there is the Statute of limitations law that says the debt isn’t collectible after 6 years through legal law? The best I could do would be to harass you, put fear into you hoping that you would cough up the money, see a pattern of resemblance here?

so my advice is go have a drink of your choosing and relax, carry on with your life. Report back here with any further updates where you will be advised and guided as to the best way to respond if the need arises.
The general object is to get to statute barred and seeing as you are already there then you are best placed to win from the off.
now these leeches will do all they can in their power to attach themselves to your life, but as with a leech there are ways and means to make them curl up and die so rest assured this is only a moment in your life not your life. You have the law on your side.

so for now do nothing!

[The Tech Clerk]

Hi

Others have already made useful comments, but you asked specifically where I thought your letter was incorrect.

It's a long time since I actually looked at Credit Card T&Cs, as my debts have been SB for 4 years now. But as I recall, they specifically allow the bank to pass management of the account to third party agents, and of course they all routinely pass uncollectable debts to DCAs to recover on their behalf, and ultimately sell them on to debt purchasers, without seeking agreement of the debtor. None of this has ever been raised as being outside of their rights.

Also I think your reference to Contracts (Rights of Third Parties) Act 1999 is also incorrect as it is not applicable. I am not a legal expert in this, but if I am right then your inclusion of such matters in your letter simply reveals your lack of understanding of the situation, which could encourage them further.

agree with you understanding misconception, times change and regulation

[Still Waving]

Hi

Others have already made useful comments, but you asked specifically where I thought your letter was incorrect.

It's a long time since I actually looked at Credit Card T&Cs, as my debts have been SB for 4 years now. But as I recall, they specifically allow the bank to pass management of the account to third party agents, and of course they all routinely pass uncollectable debts to DCAs to recover on their behalf, and ultimately sell them on to debt purchasers, without seeking agreement of the debtor. None of this has ever been raised as being outside of their rights.

Also I think your reference to Contracts (Rights of Third Parties) Act 1999 is also incorrect as it is not applicable. I am not a legal expert in this, but if I am right then your inclusion of such matters in your letter simply reveals your lack of understanding of the situation, which could encourage them further.

[Teer]

Can I just confirm that it's OPOS Ltd. chasing you, rather than OPUS?

Hi Night Monkey,

Apologies, my mistake - it is OPOS Limited.

Many Thanks!

[Night Monkey]

Can I just confirm that it's OPOS Ltd. chasing you, rather than OPUS?

[Teer]

Please amend AAccount holder information? above.

Hi The Tech Clerk,

Apologies about my confusion about the Account info - shows how green around the ears I am!

2 Credit Cards with Lloyds TSB so I presume they are the Original Debt/Account Holder/Owner?

It was passed around between various DCA's previously but then all went silent for a couple of years or so. Around last year, kept getting unsolicited texts & emails from Capquest - no idea how they got my details as they had been changed. Capquest has then passed on to OPUS Limited.

Many Thanks!

[nightwatch]

Hi Welcome to AAD,

When dealing with debt companies, it is best to give them little information.
What you need to do is play dumb, You have no idea what they are on about, no idea what they want you to pay, or why they think you should.

Your letter, could admit the debt, which after all this time you DO NOT WANT TO DO!

The template letters on AAD have been worded so as to ask for information, BUT, does not acknowledge the debt is yours.

Opus will be phoning with harrassing calls in the hope it will frighten you into making a mistake and admitting the debt, by you phoning and telling them where to get off and it is SB,
they then know they have the right person, you know what the debt(s) are, they will then try and make you believe they are in the right to persue you.

You say they are credit card debt's. Who where they taken out with? as it may be an Idea to send them a SAR to see what information is held by them, when it was defaulted, sold on, who to.
the debt buyer may have little or no paperwork, But they need the original CCA to go to court and you need information to know that they can't and your SB dates are correct.

Never assume they were Defaulted find out if and when.
Are they on your Credit file/ were they on it, if so what date was the default it would have been recorded on there.

NW

[Night Monkey]

Hi Teer, welcome.

I'm no expert but I've been where you are, and the early days are intimidating. My advice would be not to overthink things, that's what the parasites want and can only lead to you worrying and potentially playing into their hands.

I agree with others that any letters you send should be brief and separate, but most importantly try & forget about them once they're in the postbox. Enjoy the sunshine while it lasts.

And I know it seems weird, but once you understand how the game is played you start to look forward to their next attempt to get you to pay something .

[The Tech Clerk]

they have 5 drawer desk, the operator opens 1 every week for 5 weeks then crys because no xmas party at your expence oppss