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  • Jojo65 - Diary

    Credit Card - Egg to Citi to Opus - 1st Credit.
    Chased By DCA and Solicitors
    Balance 3,751.10
    Last Payment made of 38.00 to Opus - July 2011 - On arrangement continued from CitiCard.
    Arrangement ran out but was unaware.


    Blue = Sent
    Red = Received
    Green = Other


    About me: I was a Partner & Director in a very successful Architectural Practice, the collapse sent our clients down and it knocked on, saved the company but had to sacrifice myself to do it as it could not support 3 Directors, we were paying to go to work. Last three years, diagnosed with Cancer, downgraded to an inoperable tumor, spent 6 months on ani-depressants and have taken whatever work I can find, even cleaning drains. Would have topped myself if I didn't have young children.





    30/04/2007 Egg balance moved to CitiCard after notification from Egg that they were closing account Balance + £ 3,493.87
    ??/09/2009 Contacted CitiCard by phone re coming to an arrangement.
    22/09/2009 Letter from CitiCard asking for completion of Income & Expenditure form.
    25/09/2009 Letter (and Income/Expenditure form) to CitiCard regarding a change in circumstances and making an offer of £ 20.00 pcm £38.00 pcm agreed.
    04/09/2010 Letter from CitiCard stating that arrangements had been kept up to date therefore they considered account up to date.
    ??/10/2010 Letter from CitiCard saying Opus would be taking over the account but would continue with arrangement.
    21/11/2010 Opus take account.
    ??/12/2010 Opus Statement arrives, payment of £ 38.00 taken but £ 54.00 interest added.
    20/12/2010 Called Opus to discuss interest, they were not interested.
    ??/01/2011 Opus statement arrives, interest and default charged.
    01/02/2011 Letter from Opus saying they did not offer a debit card scheme.
    17/02/2011 Letter from Opus requesting Income & Expenditure form.

    ??/02/2011 Income & Expenditure form sent to Opus.
    17/03/2011 Rang Opus to discuss why arrangement set up with CitiCard was not being adhered to, made complaint and withheld payment.
    16-20/04/2011 Received 36 calls from Opus, each time explaining situation and complaint.
    05/05/2011 Received CCA, not requested by me.
    27/05/2011 Letter to Opus explaining entire circumstances ask for suppression of interest and charges as the debt has increase to £3,750.00.
    15/06/2011 Letter from Opus agreeing to £ 38.00 pcm and freezing interest.
    ??/11/2011 Aggressive phone call from 1st Credit demanding money, told them I didn't know who they were. (I had not been advised by phone or in writing).
    17/11/2011 Account Assignment letter from 1st Credit demanding full payment.
    17/11/2011 Notice of Assignment from Opus saying that CC Asset Management Ltd had assigned all rights title and interest to 1st Credit as of 09/11/2011 - Not advised in advance.
    15/12/2011 Account Assignment letter from 1st Credit demanding full payment.
    30/12/11 ‘Court Proceedings being considered’ letter from 1st Credit demanding full payment.

    09/01/2012 Letter to 1st Credit instructing them to stop aggressive phone calls and asking for ‘proof of assignment, gave 10 days to reply.
    11/01/2012 Letter from 1st Credit asking me to contact them to review account and offering a negotiated discount for settlement.
    12/01/2012 Letter from 1st credit of ‘Request for Copy Agreement’.

    20/01/2012 Letter to 1st Credit again requesting for proof of assignment, deed of assignment and proof of claim.
    09/02/2011 Letter to 1st Credit advising them that their failure to provide info deems them Tacit in a ‘No Proof Claim’.

    13/02/2012 Letter from 1st Credit Head of Collections acknowledging my letter of 09/02/2012 and informing me that it had been passed to the appropriate department to deal with.
    06/03/2012 Letter from 1st Credit stating that a ‘True Copy Agreement’ had been posted to me on the 28/02/2012
    23/03/2012 ‘Court Proceedings being considered’ plus other threats letter from 1st Credit demanding full payment.
    04/04/2012 ‘Court Proceedings being considered’ plus other threats letter from 1st Credit demanding full payment.
    11/04/2012 ‘Court Proceedings being considered’ plus other threats letter from 1st Credit demanding full payment.
    17/04/2012 Account Assignment letter from 1st Credit demanding full payment.
    11/05/2012 ‘Court Proceedings being considered’ plus offer of discount, letter from 1st Credit demanding full payment.
    18/05/2012 ‘Court Proceedings being considered’ plus other threats letter from 1st Credit demanding full payment.
    04/06/2012 Letter from Connaught Collections stating they had been instructed to recover overdue account, treats and asking for payment within 7 days.
    29/10/2012 Letter from Connaught Collections flaming me for my original proof of claim demand to 1st Credit and stating that I had no basis in Law and quote the 1925 Property Act. And that they had complied with all requirements having sent me a Notice of Assignment on the 17/11/2011. With this letter (29/10/2012) They enclosed a copy of this, a copy of the ‘signed ‘credit agreement ( NO IT’S NOT SIGNED) and statements from Nov 2010 – Oct 2011. They also told me that they have a right to call me. They threaten to pass this to their legal dept.
    03/11/2012 Annual Statement from 1st Credit quoting agreement with Opus.
    27/11/2012 Letter from Connaught Collections saying that they are disappointed and have forward the account to Moon & Beaver Solicitors and stating that any payments and correspondence should be sent to them.
    28/11/2012 Letter from Moon & Beaver saying they have been instructed by 1st Credit, that I have failed to remedy the breach and have given me 16 days to pay up. If they receive no response they may issue court proceedings plus interests and costs. They have also said to contact their client, which is the opposite of what their client wrote, who said I should contact Moon Beaver.

    I have never been sent anything by registered post.

    11/12/2012 Letter to Moon & Beaver stating that I would like to resolve issue by payments and ask for a hold to be put on action whilst I sort I & E details out (mine our complicated because of fluctuating income from different sources). Also pointed out that I had been through illness and treated for depression. Sent by recorded delivery, cc'd to Connaught Collections and 1st Credit.
    Tracking No MB AU556044920GB CC AU816959171GB 1stC AU816959211GB (good idea to put them here, then they can't be lost)
    15/12/2012 Letter from 1st Credit Stating that they have received my letter of the 10th, forwarded to them by Connaught and stating that 'the account will now be dealt with as sympathetically as possible by the Debt Support Team.' and that they are putting the account on hold for 30 days (To let me sort my IE details out).
    19/12/2012 Letter from 1st Credit's Debt Support Officer stating that due to my medical condition they have now requested the account back from Moon Beaver Solicitors and look forward to hearing from me in due course.

    Credit Card - Halifax.
    Chased By Halifax
    Balance 4,271.62 as of July 2012 and climbing
    Last Payment full made June 2012 but still paying 25 pcm.
    Took my eye off the ball.


    25/09/2009 Letter to Halifax stating that circumstances had changed, sent I & E asked them to accept 25.00 pcm. Letters to all creditors at this time.
    Arrangements in place I thought, left to wife and concentrated on business issues as BOS wher trying to withdraw practice's overdraft.
    06/2012 Noticed that Halifax had been taking 2 DD one for interest and 1 for the 25.00 rang Halifax and asked what had happened in respect of arrangement. They said that it had been ignored because the account was not defaulted.
    Was advised by them to cancel DD. so that it would go to C&R department.

    06/2012 Sent I & E.
    31/07/2012 Letter from Halifax saying payment had not been received and charging a late payment fee.
    Rang Halifax asked what was going on. They asked what address the I & E had been sent to, when I told them they said that it was the wrong one and that it would have been ignored.
    08/2012 I & E sent to retail bank Collections address.
    08/2012 Letter stating late payment fee had been added.
    Called them, explained situation. They said they would send I & E sheet.
    Did not receive.
    Phone calls but ignored them.

    0?/11/2012 Default Letter. ( I will find out exact date (Working away from home for the last 4 weeks so mail is hit and miss)
    30/11/2012 Letter from Halifax stating that default recently sent and will now transfer to a DCA.
    06/12/2012 Rang Halifax and again situation, asked them to hold it for the moment, which they agreed to do but said that the default sum was 287.10 and they expected me to pay 450.00 by the 17/12/2012.
    11/12/2012 CCA request sent to Halifax by recorded delivery. Tracking No AU556044933GB.
    19/12/1012 Received a call from Albion, refused to give security details and informed them that a letter had been sent to Halifax (delivered on the 17/12/2012) requesting CCA and that they were calling me whilst in dispute, I would write to Halifax, don't call me again. They said "you will have to speak to us", I said 'Wrong' Bye!
    21/12/2012 Halifax Statement arrives as usual, dated 14/12/2012.
    21/12/2012 Albion rang again, same conversation as the one on the 19/12/2012, but they added that I have to speak to them or call Halifax who will put me through to them. I told them to write to me, they said that they had, I asked for the dates and they said that they could not give them to me as I wouldn't answer the security questions, they said they would keep calling.
    22/12/2012 Letter from Albion Collections dated 18/12/2012 standard 1st letter.
    Last edited by jojo65; 22 December 2012, 13:27. Reason: Diary Updated

  • #2
    Re: Jojo65 - Diary

    Hi Jojo,
    Brilliant job, well done. You've obviously been through the mill, as have so many people on here, but I hope you'll find as they have that the support and warmth you'll get here, in addition to any help with dealing with your debts, will help you immeasurably.

    So, they've sent you an unsigned reconstructed CCA agreement, although you never made a formal request? Did this include the full terms and conditions?
    Did you get a Default Notice issued under section 87 of the Consumer Credit Act?
    When was the card taken out?
    Was there any PPI on the card?

    Elsa x

    PS Don't let these people grind you down. NOTHING they do is worth taking your own life. They're just parasites, and we're well used to dealing with them on here. Try not to worry, you'll get the support you need here, and more.
    Last edited by Undercover Elsa; 5 December 2012, 15:32.

    Comment


    • #3
      Re: Jojo65 - Diary

      Hi JoJo65, welcome to AAD. I am fairly new to the site and was struggling like yourself for some considerable time trying to please creditors,their solicitors and debt collection agencies. I was scared to pick up the phone and dreaded the postman coming. Took the plunge to join AAD and my life has changed, I feel in control again and am able to enjoy time with my family. You will get lots of support on here and advice on how to deal with creditors, Phone calls and the like. Try to keep your spirits up as things will change as you get financial control back in your life. Someone with more experience than me will be along very soon to point you in the right direction.The best advise I was given was "Dont speak to anyone on the phone, deal only in writing". I just wanted to say you are not alone and help will be along very soon, regards Pezman65
      Last edited by pezman65; 5 December 2012, 15:36.

      Comment


      • #4
        Re: Jojo65 - Diary

        wow.

        I might be able to assist. I need sight of a CCA and terms etc first.
        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


        • #5
          Re: Jojo65 - Diary

          Could you scan the CCA they sent you JoJo and send it unedited to Niddy on his Email CCA link above.
          Don't worry, it's totally secure only Niddy sees it, and if there's any fault to be found he will find it, rest assured

          Elsa x

          PS Make sure you put your User name in the subject line, and include a link back to this thread...

          Comment


          • #6
            Re: Jojo65 - Diary

            Hi

            Thank you for your kindness.

            The sent the reconstituted, unsigned CCA on the 29/11/2012, I asked them to provide, Verification of their claim to include:

            Lawful Contract.
            Hand Signed Invoice, in accordance with the Bills & Exchange Act (1882).
            And proof of Agency.
            Within 10 Days.

            This was sent on 09/01/2011.

            I then sent them 2 follow up letters 10 days apart, all were recorded delivery. These were to get them into Tacit that they had no agency or claim.

            They have sent the Terms & Conditions along with copies of various on 29/10/2012.

            They did issue a default notice, previously, more than 1.
            The card was taken out on 30/04/2007.
            I don't think there was PPI, pretty sure there wasn't.

            My biggest problem is I only have a week to respond to them.

            Comment


            • #7
              Re: Jojo65 - Diary

              Originally posted by jojo65 View Post
              My biggest problem is I only have a week to respond to them.
              Don't worry about that, easy to stop.....

              Please send me this paperwork....
              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


              • #8
                Re: Jojo65 - Diary

                Originally posted by Never-In-Doubt View Post
                wow.

                I might be able to assist. I need sight of a CCA and terms etc first.
                Originally posted by jojo65 View Post
                Hi

                Thank you for your kindness.

                The sent the reconstituted, unsigned CCA on the 29/11/2012, I asked them to provide, Verification of their claim to include:

                Lawful Contract.
                Hand Signed Invoice, in accordance with the Bills & Exchange Act (1882).
                And proof of Agency.
                Within 10 Days.

                This was sent on 09/01/2011.

                I then sent them 2 follow up letters 10 days apart, all were recorded delivery. These were to get them into Tacit that they had no agency or claim.

                They have sent the Terms & Conditions along with copies of various on 29/10/2012.

                They did issue a default notice, previously, more than 1.
                The card was taken out on 30/04/2007.
                I don't think there was PPI, pretty sure there wasn't.

                My biggest problem is I only have a week to respond to them.
                Send Niddy the CCA so he can have a look ----->

                agreements@all-about-debt.co.uk
                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


                • #9
                  Re: Jojo65 - Diary

                  JoJo,

                  Sorry to hear about your troubles with Health, that makes the situation all the worse and you really should be having to worry about money issues as well.

                  However take heart in that in your search for help you have hit the right place because their really is no better forum than right here.

                  Follow Niddy's guidance and you will soon be on the road to recovery and back in control.

                  I wish you well.

                  Regards

                  PF

                  Comment


                  • #10
                    Re: Jojo65 - Diary

                    Thank you.
                    I am scanning the CCA Now.

                    Forgot to mention that they also enclosed one from Opus, but Citi just transferred the account to Opus, I did not sign any CCA with them. And I did not use the card even prior to writing to Citi explaining that I would need reduced payments. I have not used a card in years.

                    Comment


                    • #11
                      Re: Jojo65 - Diary

                      Originally posted by jojo65 View Post
                      Thank you.
                      I am scanning the CCA Now.

                      Forgot to mention that they also enclosed one from Opus, but Citi just transferred the account to Opus, I did not sign any CCA with them. And I did not use the card even prior to writing to Citi explaining that I would need reduced payments. I have not used a card in years.
                      Hiya

                      Nov 2010 ALL Citi cards transferred to Opus. Now part of the rules allow for the creditor to create a reconstituted CCA which is possibly what Opus have provided.

                      If you can email me the main cca reply you got from 1st Credit upon assignment when you did a s.78 request so that would be the cover letter, the agreement and the terms. If you also have the NoA and the DN then brill..... Leave the Opus stuff to one side for now, all I need is the original Egg/Citi paperwork if possible.
                      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


                      • #12
                        Re: Jojo65 - Diary

                        Originally posted by jojo65 View Post
                        I asked them to provide, Verification of their claim to include:

                        Lawful Contract.
                        Hand Signed Invoice, in accordance with the Bills & Exchange Act (1882).
                        And proof of Agency.
                        Within 10 Days.

                        This was sent on 09/01/2011.
                        Sounds to me like, you have visited getoutofdebtfree lol

                        From now on, please dont take any of their advice, and ignore EVERYTHING they have told you. bills of exchange act does not apply to credit cards, they are a waste of time, the site owner has no real knowledge and never gives a full explanation of how to help, i know, im an ex member until i saw sense.

                        For example, you need not sign any new CCA when a credit card is assigned to another company, its all legal. They do have a claim, because in law, they are probably assignees in absolute.

                        We can argue till the day is long about copywriting your name and billing them for using it, but thats a side issue, and not relevant here.

                        From now on, we are going to help you the correct way.

                        PS they will never send you an invoice for the outstanding debt, if they did, we would all be writing them off wouldnt we
                        Last edited by SXGuy; 5 December 2012, 17:15.
                        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


                        • #13
                          Re: Jojo65 - Diary

                          Originally posted by SXGuy View Post
                          Sounds to me like, you have visited getoutofdebtfree lol

                          From now on, please dont take any of their advice, and ignore EVERYTHING they have told you. bills of exchange act does not apply to credit cards, they are a waste of time, the site owner has no real knowledge and never gives a full explanation of how to help, i know, im an ex member until i saw sense.

                          For example, you need not sign any new CCA when a credit card is assigned to another company, its all legal. They do have a claim, because in law, they are probably assignees in absolute.

                          We can argue till the day is long about copywriting your name and billing them for using it, but thats a side issue, and not relevant here.

                          From now on, we are going to help you the correct way.

                          PS they will never send you an invoice for the outstanding debt, if they did, we would all be writing them off wouldnt we
                          Thank you very much! I rather think 'Wasted' rather than 'Visited'.

                          Comment


                          • #14
                            Re: Jojo65 - Diary

                            Well I think I have managed to upload the documents!

                            Thanks to everybody for the help and kind words, difficult times.

                            Cheers
                            Jojo

                            Comment


                            • #15
                              Re: Jojo65 - Diary

                              God! This whole thing is a stomach churning nightmare. Now Halifax are playing their face. I can honestly say that I am now down to my last pair of shoes. Still I managed to lose 3st7lb in the last 3 years which allowed me to work backwards through my closet. There's always a silver lining I guess.

                              The bottom line is that I got myself into this shit, I just thank God that there are totally unselfish people on here to help and support me.

                              It's far more than I imagined.
                              Last edited by jojo65; 6 December 2012, 10:05.

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