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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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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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That way you will attract more attention to your story and get more visitors and more help 

 

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