CITI/OPUS late payment via faster payment from bank!! HELP please!

[JohnnyPacket]

I had a credit card with Citi Cards for a few years, no great problem

- low balances no great issues on payments etc.

I was informed by Opus that they were taking over the account from Citi and all payments and contact had to be directed to them.

My first payment was due in December 2010 and was a few days late because I had to set up the payment details with my bank

however they did not make any charges for this 'late payment'.

My second payment was due on the Bank Holiday Monday for New Years Day which was the 3rd January 2011,

I made a 'Faster Payment' via my online banking on Sunday 2nd and I was advised that the payment had been received by Opus' bank,

however my payment was not credited to my account until 4th January - a day late and of course they presented me with a £12 late fee.

I contacted them shortly after receiving my next statement detailing the fees

and spent close to 30 minutes on my mobile 'phone talking to several undesirables about this and they all refused to budge.

 

My bank, Halifax,has confirmed to me in writing that the payment was made successfully. Ironically both Halifax and Opus are within the HBOS group!

 

Subsequently, I have made all my minimum payments to them LESS the £12 fee and LESS the £12 below minimum payment fees they have given me every month since!

 

I have put my case to the FOS and they have responded that OPUS is not required to refund the charges,

with no explanation of their decision whatsoever. I plan to take this matter further, but how?

 

How do I stand on this one guys?? Any advice is appreciated.

Edited October 29, 2011 by JohnnyPacket
Grammer

[ims21]

Hi

 

Welcome to CAG.

 

Have a read around the bank forums....there are many many threads concerning the claiming back of unlawful charges on cards.

 

This one in the Barclaycard forum is a start to finish account.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**

 

Be aware that you may actually have to go to court to get these charges back.

 

ims

[JohnnyPacket]

Following my recent request to OPUS for a true copy of my CCA (originally with The Associates then CITI), I received the attached response which I fear is cleverly worded! Can anyone with a legal eye tell me what it really means please??

CCF12072012_00000.pdf

Edited July 30, 2012 by JohnnyPacket

[BRIGADIER2JCS]

sorry to small to read.

[JohnnyPacket]

Sorry Brigadier2JCS, I forgot to PDF it - please try again!

[BRIGADIER2JCS]

OK thats reconstituted agreement, how old is this debt?

What was the date of the last payment?

Does it show on your credit files?

[JohnnyPacket]

The debt is from my credit card which was taken out with the Associates in 2001 I think.

 

My last payment to them was last month (minimum payments have been made since they took the card over from CITI and cancelled it almost immediately!

 

I have had a long running saga with them over a 'late' payment, therefore I have had several other late or insufficient payment notices

therefore I believe that it is definately on my credit file although I have not checked it.

 

I have other pages which were sent with this letter if you need to see them.

[dx100uk]

get reclaiming

 

dx

[JohnnyPacket]

get reclaiming

 

dx

 

Which route should I take??

Is there any take on the letter I posted from my friends at OPUS??

[dx100uk]

where the agreement then?

 

dx

[JohnnyPacket]

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Edited August 2, 2012 by JohnnyPacket

[JohnnyPacket]

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Edited August 2, 2012 by JohnnyPacket

[JohnnyPacket]

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Edited August 2, 2012 by JohnnyPacket