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Creation finance - re ccj


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I am really encouraged after reading many posts on various debts.

 

I had a Store card with Creation and I did have an arrangement to pay but they told me it was not enough and through Drydens got a CCJ.

 

They told me that if I were to pay the full outstanding balance that they requested no court case.

 

Somehow I managed to find the money nearly 2k and paid them.

 

Yet somehow I got a CCJ.

 

I did not go to the court or had a defence.

 

That was in 2011 and it will be SB'd in May this year.

 

I read it somewhere if I paid the full amount I should not have had the CCJ.

Is this correct?

 

My question is that if it is possible to remove this judgement because I was told that if I were to pay in full no court case?

 

Any advice would be greatly appreciated.

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a CCJ cannot be SB'd

 

please don't confuse the removal of defaults or CCJ when they reach their 6th birthday on your CRA file

with statute barring

 

there is NO LINK.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you paid the debt after a court claim was issued and did not respond to the court claim and did not pay within the timescale stated within the judgment ...then you still get a CCJ.

We could do with some help from you.

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Thanks DX and Andy.

I paid the debt before it went to court assuming all will be ok and did not realise I would actually get a CCJ. I read it somewhere that if I paid within 28 days no judgement will be recorded. Is this correct?

 

Oh I called them today, and found out that Creation owes me some money and they are going to credit to my current account. The customer service assistant was very polite and good and looked into account details and said you have a big credit in the account.

 

Can someone please explain how did this happen? I paid their solicitors the settlement figure, but looking into the account details the Creation got £20.00 less so the solicitors may have kept that £20 for their admin charges or something. Why did they not inform me this 6 years ago? I am confused.

 

Does anyone think that their solicitors did not act properly when filing the CCJ? Any advice would be greatly appreciated.

 

Many thanks

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You paid the debt before it went to court...was this on receipt of the claim or before?

 

who did you pay ?

We could do with some help from you.

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Hi Andy

 

When I received the summons I panicked and called the Drydens and they told me that if I were to pay the balance in full no court action. So Paid the amount with my debit card.

 

My bank statements show that it was taken out on the 27th February 2012.

 

I gave the card details over the phone on 24th February.

 

But on court records show that the payment received on the 2nd March 2012.

 

I called the CC today and they said if I were to send £10.00 they will send all the records that they hold on me.

 

I think I will send it for as well so I have all the information I may need before I write to the solicitors.

 

But I am still confused that Creation said my account is in credit??? I am going to send SAR letter to Creation today.

 

Does anyone have any other views/advice on this please?

 

Thanks

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And what did you do with the court claim?

We could do with some help from you.

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Hi Andy

 

I never received a claim only the summons.

I cannot recall exactly what happened and I never went to court.

Because the solicitors said the court case wont take place if I paid the full amount

I thought that was ok and paid the full amount to the solicitors.

 

I am going to send a letter to the courts with £10.00 and see what exactly they have on the file and then contact the solicitors.

 

If my account is still open I am going to log onto it and see the past statements. Will get back to you soon.

 

Many thanks for all your help.

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The claim form is the summons...if you do not comply and acknowledge a court claim...the claimant gets a default judgment...as in the case here.Never trust what they say will do.

 

Who was the claimant who was the solicitors acting ?

 

No point sending letters to the court with £10 payment..wont achieve anything...ring this solicitor up and ask why they got a default judgment when they assured you they would stop the claim.

Then insist that set it a side at their costs.

 

Andy

We could do with some help from you.

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Hi Andy

It was the Creation Finance Services and the Solicitors are Drydens.

 

Thanks, yes there is no point of sending the £10 if I can get the answer over the phone. I will call them tomorrow and ask them why they have registered the ccj when they told me that if I paid in full it won't be.

 

OK Andy will do tomorrow and let you know.

 

So it is not too late to ask to set aside then?

 

It was my fault being ignorant and not taking action before.

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Well you state all this happened in 2011...I assume thats also the date of judgment ? If so it is due to disappear anyway this year ?

We could do with some help from you.

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Hi Andy

I checked my CRA file and it says the Default date 14th May 2011

and the CCJ registered on 23rd April 2011

- how can this be??

 

Can someone please explain?

 

Creation Finance - Store card

Start Date 11/12/1999

Date Updated 03/04/2012

Date Last Delinquent Date Satisfied 03/04/2012

Default Date 14/05/2011 Payment Amount

Default Date 14/05/2011

- IF THE DEFAULT DATE ON THE 14TH MAY 2011 HOW CAN THEY ISSUE SUMMONS??

DATE RECORDED CCJ – 23/04/2011 SATISFIED DATE 27/2/2012

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Thats for you to ring Creation/ Drydens and get to the bottom of it all CuriousBee..we can only advise on procedure.

We could do with some help from you.

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Thanks Andy

- so I may as well leave it till April to disappear.

 

According to the CRA file (Experian) registered on 23rd April 2011.

 

So it will be gone in April this year?

 

I will call Drydens tomorrow and get the information I need.

 

Will let you know.

 

Thanks for your quick reply. Much appreciated.

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Ccj registered 23/4/2011

Paid/satisfied 10 months later 27/2/2012

 

Things dont add up here, are you sure these arent 2 separate accounts?

 

You cant get a ccj a month before a default

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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It is Drydens martin :-)

We could do with some help from you.

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yep they always get so excited when a mug blindly pays them - they never get anything right nor even care

just run straight down the pub and start spending the free money - as most DCA's do....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX/Martin & Andy - thanks for the help.

 

I was a bit naïve and ignorant about my debts/finances and did not want to deal with them in a proper manner.

 

 

Drydens told me to ignore the summons once I paid the full outstanding balance.

Hence I did not do anything.

I regret now.

 

 

I am fighting back and want to resolve all these issues that I had and which I thought would vanish somehow. (wishful thinking).

 

I am going to call Drydens today and get all the answers as to why they told me that no action would be taken and why do I have a CCJ on my CRA file.

 

As for the Default Note - thought they would put the marker and if nothing was paid then they would recover the money through CC.

 

Also going to contact Creation Finance again and check to see if the account is still open and check the statements online if I can.

 

 

I spoke to them yesterday and from what they told me I understood the account is still active.

 

Will update you all later.

 

Many thanks for all the advice given. Much appreciated.

 

Hi DX - This account is getting more and more intriguing.

 

 

I called the Creation Finance at 08.30 today and the cust. Asst. told me that it was sold to a 3rd party on 16th May 2011.

 

 

Last statement date was 22nd March 2012 with a Credit amount of £306.00.

 

Something is definitely wrong.

 

More to come later...

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So are you sure the claimform claimant was Creation and not Lowell or some other DCA ?

 

I must admit I was somewhat surprised when you stated Creation was the Claimant.

 

Who is named as Judgment Claimant on your CRAs ?

We could do with some help from you.

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Hi Andy

I called Creation again spoke to them at length to find out what happened.

 

They have NOT sold to a third party.

They were going to refer but did not take any action.

 

The account had a block on the 16/05/2011

 

The Default mark was put on 14/05/2011

 

CCJ was put on 24/03/2011.

 

I asked them why this happened and they were not able to answer and asked me to call Drydens.

How can they obtain a CCJ when the account was not defaulted?

Creation is at fault?

Drydens too for getting a default CCJ.

 

The account is still there open.

 

There is a credit in the account because I paid too much to Drydens by £306 and no one sent me the refund up until called them.

 

I have sent a SAR letter to Creation as there may be PPI on the card as well.

will claim the charges etc after that.

 

going forward - I have to wait 40 days to receive the documents,

and I am wondering if there is much to do about the CCJ as it will disappear from the account on 23rd April 2017.

Not much time to do anything?

 

I would like to get all the papers from Drydens too and it will take 40 days as well.

 

I wish I had seen this earlier, but I was busy working and it's only now that I have sometime to sort out my finances.

 

Many thanks for your help.

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Well there are errors on both sides CB including yourself for not dealing with the initial court claim...hence the unchallenged unquestioned CCJ...but as stated it will vanish in April but thats not the point...as Drydens have tarnished your credit file over the past 6 years and it may be that you wanted to remortgage or apply for credit or even change occupation which could have resulted in your credit worthiness being brought into question.

 

So I wouldn't be letting Dryden's off easily...as for Creation I suppose they also figure into this also as they instructed Drydens ?

 

Questions need to be asked and tables thumped I think.

We could do with some help from you.

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Hi Andy

- yes I know that I have been completely stupid to have let this go this far and this long without taking any action.

 

The creditors only take the money and the solicitors also take the money and disappear.

I did not even know that I had a credit of £306 and that is a lot of money.

 

what do I do now?

is there anyway I could get to Creation to pay for the damage?

 

After all it was the creditor who got the Drydens involved

is there a letter anywhere I can get hold of so I can write to Creation to complain about this?

 

Dryden's - shall I send a SAR letter to find out what documents they hold on the files?

 

I do not have money to pay solicitors taking anyone to court?

 

Are there any suggestions as to how I approach this please?

 

 

I have been reading some interesting posts on Creation and Drydens, and it seems they are both incompetent, and seemed to have moved DN dates and the charges etc without due care.

 

encouraged by this I could send them both letters outlining what they have done was wrong and ask them to take some responsibility towards damaging my financial profile on the CR.

 

OR is there a template letter that I can use on these scenarios.

 

Many thanks - CB

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get all the info first by the sar to creation

cant see much point in an sar to drydens if the claimant WAS creation.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks DX.

Letter sent to Creation today re SAR. Will have to wait 40 days to receive this. By the time I get the documents, I hope it won't be too late to do anything.

Do you think I should also send the SAR letter to the courts so I can see what they have on the file?

Many thanks for your help.

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I dont see why not CB...Drydens are the ones that have done the damage working on their clients behalf.....they requested judgment and they took your payment.

 

Processing personal data is fundamental to the work of a solicitor. The Data Protection Act 1998 (DPA) regulates the processing of information relating to individuals. Solicitors must comply with the DPA. Failure to do so may constitute a criminal offence. The Information Commissioner can, in certain circumstances, also impose financial penalties of up to £500,000.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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