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  • #16
    Re: rosey5464 UE Diary

    2nd October 2014 - letter from Opus saying "The copy agreement does not include the signature box, signature or date of signature in accordance with Regulation 3(2)(b)(ii) of Consumer Credit regulations 1983; as permitted by these regulations we are not required to provide them" "we regret to advise you that although we have attempted to locate your original document, to date we have not been successful. We shall continue to search our records blah blah. As we have confirmed that you have received the credit facility in relation to this agreement you remain liable for this debt"

    Ok so nothing to enforce then, to minimise harm to my credit record (LOL) as this is not in default yet any opinions on whether to write back and say something like "until you can supply me with a properly executed agreement you do not have an enforceable contract, nevertheless I am prepared to offer you a F&F settlement @ 10% (or some acceptable nominal number) if accepted within 30 days

    Thoughts welcome

    Cheers

    Rosey

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    • #17
      Re: rosey5464 UE Diary

      Telephone numbers? - do we have dummy alternate number for home/mobile/work I can feed them before they embark on the hassle calls?

      Cheers

      Rosey

      Comment


      • #18
        Re: rosey5464 UE Diary

        Hi Rosey ...free number to give them is here: http://forums.all-about-debt.co.uk/s...ssue-Creditors
        Might be worth a try on F&F but I wouldn't do anything till you've run it by Niddy. The wording is crucial.
        Elsa x

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        • #19
          Re: rosey5464 UE Diary

          Brilliant, thanks Elsa

          Comment


          • #20
            Re: rosey5464 UE Diary

            Ok so the £9k with Natwest they can't find agreement but would like me to pay (now 2 months in arrears) hmmmmm and they ask for an acceptable repayment offer

            Well sort of inclined to:-

            1) Ignore
            2) Offer a small sum in F&F

            Thoughts anyone?

            Cheers

            Rosey

            Comment


            • #21
              Re: rosey5464 UE Diary

              well, to give you an idea, two of mine, over 10k each, both cant find an agreement. No hassles, no threats, no letters asking for payments for nearly a year now.

              No default either.

              They still send statements, and the min payment increases with each missed payment, but thats it.

              If it were me, id ignore, dont pay anything, wait 6 years then get them to issue a back dated default notice so it drops off your credit file.
              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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              • #22
                Re: rosey5464 UE Diary

                Thanks SXGuy - sounds like a plan!

                Cheers

                Rosey

                Comment


                • #23
                  Re: rosey5464 UE Diary

                  Opus have sent me a default notice now saying I am in breach of the agreement but since they cannot supply copy of original agreement do I query or ignore?

                  Ive also been receiving about 4 or 5 calls a day - mostly ignored. When i do answer I decline to give them my security info and have had a discussion several times along the lines of
                  Me:"I'm not discussing this over the phone"
                  OPUS: "But we must speak with you over the phone"
                  Me: "I'm not prepared to discuss over the phone, write to me"
                  OPUS: "We have written"
                  Me: "But you write saying to phone you and Im not discussing over phone"

                  Etc a bit tedious but there you go.

                  My friends at Natwest entirely quiet and nothing formal from them yet

                  Cheers

                  Rosey

                  Comment


                  • #24
                    Re: rosey5464 UE Diary

                    Yes, exactly so! You are doing the right thing, carry on. Follow the advice on this forum and you will not go wrong.

                    Comment


                    • #25
                      Re: rosey5464 UE Diary

                      Send them the telephone harrasment letter, if you wish, or block their number if you can, but the main thing is, they cannot enforce, they will go away given time. Well done.
                      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


                      • #26
                        Re: rosey5464 UE Diary

                        Have sent the following to OPUS today>

                        "I am being harassed by calls many times a day and when I do speak I tell them over and over that I am not prepared to discuss the account over the phone. Yet the harassment continues.

                        Please confirm within 7 days that you have deleted records of all my phone numbers from your system and that no further calls will be made otherwise I will report you to the regulators for this continued harassment.

                        I also withdraw any permission you may think you have to pass my numbers to any other third party – breach of this will be reported to the data protection authorities.
                        Many thanks"

                        lets see where this goes

                        Cheers

                        Rosey

                        Comment


                        • #27
                          Re: rosey5464 UE Diary

                          For future reference Rosey we have a telephone harassment letter in the Template Letters section (tab at top of page)
                          Let your smile change the world but don't let the world change your smile


                          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


                          • #28
                            Re: rosey5464 UE Diary

                            Good evening Pixie,

                            Yes indeed SXGuy mentioned them earlier thanks - had a look and loosely worded mine based on the template.

                            I wanted to cut across OPUS passing my phone info to a 3rd party hence the wording

                            Cheers

                            Rosey

                            Comment


                            • #29
                              Re: rosey5464 UE Diary

                              Hi, just checking if all is OK?

                              Best wishes
                              IF
                              "If wishes were horses, beggars would ride"

                              Comment


                              • #30
                                Re: rosey5464 UE Diary

                                26th March 2015

                                Not a dicky bird from my friends at Natwest, no letters nuffink
                                Last edited by rosey5464; 26 March 2015, 14:40.

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