Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

Hi nem
thanks for your reply
the address on the citi agreement is exactly the same but it does look like its retracted
there is no signature panel anywhere on the citi or opus agreement
i never signed an agreement with opus
what do you advise?
thanks
richard

OK Richard,

What you have is I think a " reconstituted" agreement this does not have to have a signature panel at all.

If you weren't sent a new agreement for Opus then that can be a key part of he defence.

e.g. I have not at any time seen or signed any agreement with Opus for the provision of any credit facility.
How is the address " retracted"/

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

the retracted (if this is correct)original terms and show my address as:

Name
my full address as it appeared on citi and opus card satements

please see the copies attached

your thoughts please?

regards

tilly

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

the retracted (if this is correct)original terms and show my address as:

Name
my full address as it appeared on citi and opus card satements

please see the copies attached

your thoughts please?

regards

tilly

OK I see the notation of pages 1-5 did you get 5 pages of Ts & Cs?

It's the address on the Citi Agreement that is important and that you say is correct.
Also was that address correct when Opus inherited the Citi accounts?
Do you have a full set of Citi Ts & Cs ?

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

OK I see the notation of pages 1-5 did you get 5 pages of Ts & Cs?

It's the address on the Citi Agreement that is important and that you say is correct.
Also was that address correct when Opus inherited the Citi accounts?
Do you have a full set of Citi Ts & Cs ?

nem

hi nem

the name and address is correct on the citi and opus terms

the full set of docs have been loaded last week on the thread

please advise if you can view them?

thanks

tilly

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

the name and address is correct on the citi and opus terms

the full set of docs have been loaded last week on the thread

please advise if you can view them?

thanks

tilly

I'll have a look back asap having some problems with st

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi

i can upload again if you wish?

thanks

tilly

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi

i can upload again if you wish?

thanks

tilly

Hi sorry we are in the teeth of a storm couple of power cuts and internet failures.
I'll get back later hopefully.

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

do you still have a roof?

did you manage to view all of the docs please?
thanks

tilly

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

do you still have a roof?

did you manage to view all of the docs please?
thanks

tilly

Roofs OK Large greenhouse is scrap and fences all over the place.

The two versions of the agreements 1. Citi. 1. Opus (New Day Cards).

The Citi agreement has the correct address for when the card was applied for correct?
Did you have any change of address at any point during the life of the agreement?
If so is the address on the Opus agreement correct.

Is it correct that you did not receive any new agreement when New Day Cards took over the Citi accounts?
What ideas do you have for your defence?

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

Roofs OK Large greenhouse is scrap and fences all over the place.

The two versions of the agreements 1. Citi. 1. Opus (New Day Cards).

The Citi agreement has the correct address for when the card was applied for correct?
Did you have any change of address at any point during the life of the agreement?
If so is the address on the Opus agreement correct.

Is it correct that you did not receive any new agreement when New Day Cards took over the Citi accounts?
What ideas do you have for your defence?

nem

hi nem

please read after ###

The Citi agreement has the correct address for when the card was applied for correct?###yes
Did you have any change of address at any point during the life of the agreement?###no
If so is the address on the Opus agreement correct.###the address on the opus is the original address on the citi card agreemnent, i have never moved

Is it correct that you did not receive any new agreement when New Day Cards took over the Citi accounts?###yes, do you not think that the new day cards(opus) agreement is just retracted
What ideas do you have for your defence?###i dont really know, that i never signed or received an agreement with opus? - will they just counter by saying that as i continued to use the card, that was a form of acceptance?

thanks

tilly

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

please read after ###

The Citi agreement has the correct address for when the card was applied for correct?###yes
Did you have any change of address at any point during the life of the agreement?###no
If so is the address on the Opus agreement correct.###the address on the opus is the original address on the citi card agreemnent, i have never moved

Is it correct that you did not receive any new agreement when New Day Cards took over the Citi accounts?###yes, do you not think that the new day cards(opus) agreement is just retracted
What ideas do you have for your defence?###i dont really know, that i never signed or received an agreement with opus? - will they just counter by saying that as i continued to use the card, that was a form of acceptance?

thanks

tilly

The New Day Opus Ts & C's dont seem complete to me, do the pages all tie up numerically or are there discrepancies, my feeling is that if the have sent you an agreements T's & C's for an Opus account now then a new agreement should have been sent at it's inception if you have never received or seen the alleged T's & C's prior to the ones now supplied you cannot agree that they are applicable i.e. you have no knowledge of them.

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

thanks for your reply

there are 5 pages of tcs for the opus card

they do seem to be consecutive , 1 to 5

ok so my defence is that i never received the original tcs

how should i word this in my defence? do i quote any acts etc?

do i try to get another set aside or do i go for an appeal please?

thanks

tilly

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

[QUOTE=tillydog123;595511]hi nem

thanks for your reply

there are 5 pages of tcs for the opus card

they do seem to be consecutive , 1 to 5

ok so my defence is that i never received the original tcs Yes you cannot accept the Opus alleged T's & C's as you have never received any such document in the past, nor have you ever signed such an agreement.

how should i word this in my defence? do i quote any acts etc? Easiest way to do your defence is looking at some other threads with defences on them it will give you a clearer picture of format and wording than me trying to explain it here.

do i try to get another set aside or do i go for an appeal please? Set aside imo, appeal is going to be costly.

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

thanks so far

i have just opened my post and i am now somewhat confused!!!!!!!!!!!!!!

i have a letter from hoist portfolio holding 2 limited stating that 'mkdp has assigned all of its respective rights title and interest for my account to hoist portfolio holding 2 ltd effective 19-10-15'

the amount claimed now is 5032.20

so as there is a ccj, hoist has bought this debt as it sees it as more enforceable?

not sure what to do now, please help!

thanks

tilly

[Amethyst]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

Hi Tilly

You have already been through a set aside but not attended the hearing or filed a defence and it's been chucked out. IMO it's not going to be accepted again. The agreements don't look bad, there is the original citi card agreement and the terms as varied when it switched to opus, and I don't see an actual defence against the claim even if you did get it set aside. You wouldn't have had to sign any agreement with Opus, the Citicard accounts were just moved over (October / November 2011) and you'd have had a letter about it at the time with a little booklet of terms.

I would be applying to the court to vary the judgment (N245) and ask the court to set payment by installments rather than wait for enforcement action from the judgment holder.

Unless you deny ever having had a citicard then I think that is the only option you have left now.

Sorry xx

http://www.legalbeagles.info/forums/...judgment-order