Opos accusation of stalling tatics

[drob]

I had an alleged debt that was passed to Opos Ltd and to cut a long story short I have sent them may letters and emails asking them to supply proof of my liability to the alleged outstanding balance and a full and accurate breakdown of the alleged outstanding balance, including payments made, payments received and additional charges.

 

I received an email today from Opos

 

Dear drob

 

*£250.00 borrowed on 18/7/11 and are records show no payments rendered to your account.

 

*Your request has been considered a stalling tactic and have therefore been referred to our legal department for further action having confirmed your employment.

 

Regards

Opos

 

Opos are claiming that I owe £1430.00 however they wont give me Full Breakdown so I have sent them a CCA request.

 

Just makes me laugh how they accused me of stalling tactics when I am only asking for information that I am entitled to!!

[renegadeimp]

You MUST report them for it. They have no right whatsoever to accuse you of anything. Especially when you have requested a legal document. It seems that they dont have a CCA and are trying to evade it. Perhaps write a stern letter back stating that you are requesting a legal document which you are fully entitled to, and give them 7-14 days to produce. If they do not produce this document within the required timeframe, guess what. The account is now in serious dispute and is unenforceable.

 

You could also threaten them with court action for harassment, intimidation.

 

Minicredit and their inhouse DCA OPOS are very well known for inventing unfair and unlawful charges to self enrich themselves. It's a direct violation of their credit license and borders on extortion/blackmail/fraud although it doesnt cross that line completely.

[drob]

You MUST report them for it. They have no right whatsoever to accuse you of anything. Especially when you have requested a legal document. It seems that they dont have a CCA and are trying to evade it. Perhaps write a stern letter back stating that you are requesting a legal document which you are fully entitled to, and give them 7-14 days to produce. If they do not produce this document within the required timeframe, guess what. The account is now in serious dispute and is unenforceable.

 

You could also threaten them with court action for harassment, intimidation.

 

Minicredit and their inhouse DCA OPOS are very well known for inventing unfair and unlawful charges to self enrich themselves. It's a direct violation of their credit license and borders on extortion/blackmail/fraud although it doesnt cross that line completely.

 

Hi renegadeimp

 

Thank you for your response and advice.

 

The problem with Opos is they very rarely respond to any emails or letters unless it suits them! I have sent them a CCA request and I have no doubt that they will not respond to my CCA request. If Opos fail to comply to my CCA request. I will however respomd to their email today and report them!

[renegadeimp]

Minicredit and OPOS are the same company. Just a different desk in the office. They take the stance where if they ignore someone long enough, the debtor will back down and give in to their demands. Infact it happens so often, they even produce form letters.

 

I take it you recieved a letter sometime that puts in big bold letters " YOU agreed to the terms of the loan"?

 

Pity those idiots don't realise that your statutory rights override that clause in their contract, and even if you did sign a waiver that specifically said you agree, it would be ignored by anyone of legal standing.

 

As for opos, if they dont provide a CCA to your legal request, the account is in full dispute until such time they comply, and they would find it very VERY hard to get legal action from a court, as you can show a complete paper trail for what they are doing.

[drob]

Minicredit and OPOS are the same company. Just a different desk in the office. They take the stance where if they ignore someone long enough, the debtor will back down and give in to their demands. Infact it happens so often, they even produce form letters.

 

I take it you recieved a letter sometime that puts in big bold letters " YOU agreed to the terms of the loan"?

 

Pity those idiots don't realise that your statutory rights override that clause in their contract, and even if you did sign a waiver that specifically said you agree, it would be ignored by anyone of legal standing.

 

As for opos, if they dont provide a CCA to your legal request, the account is in full dispute until such time they comply, and they would find it very VERY hard to get legal action from a court, as you can show a complete paper trail for what they are doing.

 

 

Yes I have received all the usual letters and a 7 page contract that is absolutely laughable. I have in the past months tried to set up repayment plans with Minicredit and Opos for the original loan amount plus 1 months interest, but they have never responded.

[renegadeimp]

They wont respond for the reason i outlined.

[Stigman]

I have in the past months tried to set up repayment plans with Minicredit and Opos for the original loan amount plus 1 months interest, but they have never responded.

 

Very Very easy, no CCA, no payment.

 

Have you sent the Account In-Dispute letter to Minicredit/OPOS?

 

Stigman

[drob]

Hi Stigman.... yes i've sent them the Account In Dispute Letter

[Stigman]

Hi Stigman.... yes i've sent them the Account In Dispute Letter

 

Excellent, just ignore any more threatograms now until such times they comply.

 

Stigman

[renegadeimp]

And if they do try to file a court claim, they will have an almost impossible job of getting a judge to side with them, unless you dont defend and they get judgement by default.

[drob]

And if they do try to file a court claim, they will have an almost impossible job of getting a judge to side with them, unless you dont defend and they get judgement by default.

 

If it does go as far as County Court I will defend. I had a similar issue about 18 months with a Payday Loan company who issued a county court claim, which I defended sucessfully with the help from SillyGirl

[Bazooka Boo]

The murky miserable world of debt collection is obviously getting too uncomfortable for them and they are now resorting to borderline criminal activity, not content with committing harassment they are also fabricating documents and making false claims of payments being made to unbar accounts, criminal absolutely criminal, why they don't get had up for it I'll never know?

[renegadeimp]

Simple boo. They hardly ever get reported. 90% ( a guesstimate) of debtors have no idea of their rights and think the creditor is allowed to do this. This has the knock on effect of the creditor actually creating form letters that break guidance and border on criminal activity.

[drob]

I also think that when you do report the vultures regarding their behavior to trading standards or whoever you get very little or no feedback and that alone puts people off reporting.

[renegadeimp]

I suspect most people simply say they will and think others will do it instead. This leads to none, or very little reports actually being made. So the regulators simply think that the companies are working as they should.

[drob]

Update - I emailed Opos over the weekend and hey have read the email this morning so I will awair their response ??!?!?!?

 

 

Dear Opos

 

On the 15th August 2012 I sent Opos Ltd a formal request for a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974). This request was sent by recorded delivery. Opos have 14 + 2 days to fully comply with my request. I am fully entitled to this information. If you do not produce this document within the required time frame the account will be placed in serious dispute and will be unenforceable.

 

 

You accusation of that I am using this as a stalling tactic is a unfound and if you continue in this disgraceful manner I will take the matter further. I merely have requested Information that I am legaly entitled to.

[renegadeimp]

Good email. Lets see what they come back with. Remember, dont chase it up any further. You put in the request, its up to them to comply now. If they dont respond within the 16 days, then its their problem not yours.

[drob]

Good email. Lets see what they come back with. Remember, dont chase it up any further. You put in the request, its up to them to comply now. If they dont respond within the 16 days, then its their problem not yours.

 

No, that's it now until they fully comply with my request.

 

Over the past 18 months I have faced up to my debts and apart from Opos and Cash Genie all DCA's and Creditors have been helpful and I have managed to set up affordable payment schedules. Cash Genie didn't hang about and issued a county court claim, which with the help from SillyGirl was defended successfully.

[renegadeimp]

Yep. PDL's love to try and file court claims, but they rely solely on judgement by default or a very weak defence. As you found out, once you call them out in court, have full evidence and a good defence, they back right down.

 

Lets see if anything comes back in the next week or so from them. If they send something, scan it up and post it here minus any personal info. Some PDL's rely on debtors lack of knowledge, so they will throw together a half assed "CCA", and say it meets the requirements, when 99% of the time it doesnt.

[Bazooka Boo]

CCA request is 12+2 days.

[drob]

CCA request is 12+2 days.

 

Doh!!! I did put 12+ 2 in the CCA request and not the 14+2 I put on this thread.

[Bazooka Boo]

And they still fail!

[drob]

Update

 

Opos received and signed for my CCA request on 16/08/2012 so let's see if they can bodge something up before the 29th!

 

I received on of their automated emails this morning offering a reduced settlement

[Bazooka Boo]

Oh well if it's a reduced offer they want then, they get zero, there is clearly something wrong with it.

[renegadeimp]

Exactly boo. Lets see what the cca request comes back with. we now know that the debt is unenforceable in some way. We just need to find out whichbway.