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    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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Creation Financial Services - Want to know more ?!


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Dear All

I have had several people help me on CAG's forums and I thought it time to give a little something back ;-)

 

I am an ex-employee of Creation Financial Services, well, technically, I am an ex-employee of the 3rd party company that Creation outsource ALL of their operational processes to - legal, call centre, customer service, correspondence, card production, statement production, history and transaction retrieval, projects, fraud. The lot !

 

I would be happy to share any information with you that you so require or answer any questions you may have. I worked for them for a good few years.

 

In my personal opinion, they had to be the worst employer I have ever worked for but that aside, (as it is technically irrelevant,) I am surprised that this company can continue to trade. The entire organsiation is a shambles and the FSA would have a FIELD day should it choose to audit it's compliance.

 

I hope I can help. Let me know.

 

Best regards

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  • 1 month later...
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Hello! I had an account with them which is now closed. Wondering how I can get details of my Account etc. Their rates and late payment charges were ridiculous. Any help would be very grateful.

 

Andy

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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  • 7 months later...

my wife had astore ard with theme which she found hard to pay of

by the time i found out about it they were demanding 800 pound

the actual bill was 150 its been pased on to lowell financial ltd

im wondering wether to ask for statments so as to claim late

payments back an advice plz

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£800!!!!! That is certainly worth asking for statements. Even with 8% interest when/if you file at court will make a real dent in what your wife owes.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ will give you all the letters you need. They sent me my statements within a month so not the timewasters some companies are.

 

It is worth starting your own thread so any help you ask for is in one place making it easier for you and those posting. Go get 'em and all the best, Sally

 

 

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Andypall. By law they have to keep your records for 6 years (although they probably go back further) so send them the sar letter (see link above) but if you have moved put previous addresses where they have known you in that letter. Just because the account is now closed is not a valid reason for them not to pay out.

 

 

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But Creation will have your details on file. It is no use asking Lowell for your old records - you need to claim your charges back from Creation.

 

If you, hypothetically, wanted to make an extra payment to creation I bet they would have no problem locating your account. By advice still stands as above.

 

 

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my problem with creation was regarding protection payments they just added them to my account not long after it started. i found statments from 2003 and it was on there do not every remember signing up or recieving any documents about it. I have had to write to cancel it only noticed it now because im paying more in insurance then in intrest and anyone you knows them they are chargeing 30.9% at min. have now writen asking for monies back by stating i was not only misold it but didnt agree to it hoping to get a refund also sent them a SAR to see what they have been charging is there anyway i can get anything back other than late charges.

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  • 2 weeks later...

RE : babygirl10873

 

Hello babygirl10873. The PPI insurance you are mentioning has been cracked down on by the FSA and the new regulations state that ALL credit applications must have a SEPERATE signature for acceptance of insurance.

 

Unfortunately for you (and many others!) before this amendment was made it was acceptable for a single ticked box to indicate the consumers acceptance of insurance.... obviously to increase sales figures store assistants were possibly able to tick this box (on your behalf!) without telling you how it will effect you or even after you have signed!.

 

If you have already sent off your S.A.R then hopefully you have recieved a reply by now. Check to see if they have included a copy of your application with your request (as they are required to do.) If they have not sent this to you then your next steps should be;

 

1 - call their call centre and ask to speak to their insurance department (try to avoid lunch time as their insurance dept is not very large) or write to their customer care department.

 

2 - request that either they send a copy of the original agreement to prove your acceptance of insurance or if they are unable to do so refund the same as obviously they have no proof.

 

3 - If they ARE able to provide the agreement still look closely and check if there is anything you feel is unusual (is the tick accepting insurance made in a different pen?, did you fill out all other sections of the form and the ticked insurance box is noticibly different?, etc...)

 

Always try to push that little bit further if you can when disputing and if all else fails put it into writing again to their customer care department

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  • 4 weeks later...

Hi Magictorch

 

Would like to say it's nice to see someone from 'The Dark Side' helping for a change :D

 

Was wondering if you could give me an idea of who Creation are? ie. which store/credit cards do they own, or do they collect on behalf of others? The reason I ask is I received a demand from Mackenzie Hall this morning re Creation, and the ref no they're using is 16 digits so appears to be a card number of some sort, and I have to say number seems vaguely familiar! But I haven't had any sort of card for probably over 10 years other than the card I currently use and pay off in full every month.

 

Don't really want to CCA them unless I have to. If I had an idea of who/what this is for may just be able to send statute barred letter straight away.

 

Thanks for any help you can give

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  • 2 weeks later...

Heya, the thread you are refering to was started by someone with a similar alias, I simply jumped on the bandwagon as we both seem to be ex-employees.

 

To answer your question;

 

creation manage store cards for selfridges, brantano, mkone, faith, ann summers. as well as others which I now cannot recall.

 

Credit cards managed by them include adams, jjb sports, football club mastercards (such as everton, wba, etc...) as well as credit cards for several mail order catalogues which I forget the name of now. they also have their own brand "duet" mastercards which come in several varieties.

 

Note that the JJB card is a mastercard and no longer a storecard. Creation still manage the old storecards however new jjb accounts are mastercards.

 

The 16-digit account number quoted by mackenzie hall can help you work out whether it is a storecard or mastercard (6319 - store, 53xx - master) and if you speak to someone with experience at creation (ask to speak to a supervisor) they should (usually) be able to tell you from the first few numbers the "brand" of card. please don't give them a hard time if they can't though :) if it's a really old brand it could be hard to remember!

 

From working with creation my reccomendation with this account would be to either;

 

1. speak to mackenzie hall and request details/statements for the account as anyone you speak to on the phone at creation will only be able to advise you to do the same.

 

2. write to creations customer care dept and request the same - I cannot guarantee that this will be helpful though as I do not know if they are able to do anything.

 

hope this helps!

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  • 2 months later...

Hi

 

Pls could i get some advice.

 

Creation have contacted me today re: a debt they claim is owed. I bought some leather sofa's from Land of Leather in April 06 and was due to make a payment in full prior to 16th April 07 so that I would not be liable to any interest charges.

I made a cheque payment prior to the 16/4/07 but for some reason it dod not reach creation, i therefore sent another cheque for the full amount that was sent but arrived a few days after the payment date on the agreement. I was told over the phone that this was ok and it would not cause any problems.

I have today recieved a call from creation saying that i have arrears on my account of £2900. I said that i had made full payment and that I was not made at anypoint of any arrears. The person on the phone said they had sent me a letter but i had not received this and that's why they have contacted me today, a year after they recieved and banked the payment!

 

Could someone please provide me some advice? I was told over the phone that I would recieve a letter within the next 7 days demanding payment in full or the debt will be reffered to bailiffs.

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I think you need to write straight away and tell them this story exactly as you have told us. If you get no joy, send them a SAR - that should show the payment going in. Don't talk to them on the phone. These companies raraly keep promises made on the phone because they either don't record it or the people in collections don't refer to the computer file before taking action. Get everything in writing.

 

 

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  • 1 month later...

It appears that they have now been rebranded as Laser UK, and their structure appears to be a joint venture between BNP-Paribas and Galeries Lafayette Group. One of their store cards is the DUET network.

 

I have to say that I'm a satisfied DUET cardholder! But having had various storecards in the past, I can imagine how things can turn nasty.

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  • 4 weeks later...

magictorch,..

im sorry to jump on the bandwagon, but i was wondering if you could provide any information on the buy now pay later contract that creation finance (formerly open and direct) operate.

 

i was stung by the fact that i wasnt told there wouldnt be a reminder to pay, therefore i payed a rediculous amount of money after the deadline had passed??

 

Am thinking about passing this to the FOS to look over. its an old issue now but one that still beggars belief!

 

all info greatly appreciated.

 

cougar

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

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  • 2 weeks later...
  • 1 month later...

Hi Magic,

 

I have an issue with PPI on an account i hold with Creation, I wont bore you with the details but one point which concerns me is that Creation were not regulated by the FSA when the policy was administered in 2004.

 

Do you know who they were regulated by prior to the FSA or in fact how i may find out. I think it was the FLA but i want to be 100%.

 

Thanks

MC

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  • 2 months later...

Hello

 

I have been receiving bills from this company but i am never able to get anyone to answer the phones. i am unable to pay via internet because the website they provided does not exist. I cant pay by posting a cheque because they will never recieve it before Christmas and i will be charged £20. On phoning the computerized voice asked for my card details and now they are going to charge me another late fee. What should i do?

 

Rachel

 

Dear All

I have had several people help me on CAG's forums and I thought it time to give a little something back ;-)

 

I am an ex-employee of Creation Financial Services, well, technically, I am an ex-employee of the 3rd party company that Creation outsource ALL of their operational processes to - legal, call centre, customer service, correspondence, card production, statement production, history and transaction retrieval, projects, fraud. The lot !

 

I would be happy to share any information with you that you so require or answer any questions you may have. I worked for them for a good few years.

 

In my personal opinion, they had to be the worst employer I have ever worked for but that aside, (as it is technically irrelevant,) I am surprised that this company can continue to trade. The entire organsiation is a shambles and the FSA would have a FIELD day should it choose to audit it's compliance.

 

I hope I can help. Let me know.

 

Best regards

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Please

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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