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    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
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    • The retailer has come under fire for an advert showing motorcyclists wearing trainers and doing wheelies.View the full article
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Creation card charges


Charbydis
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  • 7 months later...

Hi, i know it's a long shot seeing that you posted this in Feb, but i gotta try.

 

Have you ever had an answer to your question?

 

I'm in almost the same boat. Been told the other week that my account has been closed, had no letters or anything about it. But they still send me Statements with horrendous amounts of interest and late and overlimit charges on a monthly basis.

I also, on occasions, get sent proper default notices if i haven't been able to afford to pay properly.

 

How can they do this when they closed my account?

 

Please, i would appreciate it if you could let me know if you ever did end up getting advice, as no one seems to be checking in on my thread.

 

Thanks,

Jellybabe

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  • 3 months later...

i stated the £12 because the office of fair trading would not challange a charge under this amount, this does not meen £12 does reflex the true financail loss to certain charges and still can be challanged for fairness. interest must be claimed also at 8%

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Correct, the OFT won't investigate charges over £12 and as you say they can still be challenged for fairness through the courts.

 

If reclaiming on an active/live account then one would normally use the rate of interest equivalent to that being charged on the account to put things back to at least the position they would have been in had the charges not been added in the first place.

 

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  • 6 months later...

I just had a call from creation because I missed a payment and was told if my payment next month was late I would be charged £12.

 

I told the lady that I knew that and that was why they closed my account.

 

I think I will get the account upto date before I reclaim may next lot of charges.

 

Interestingly my latest statement includes a term about missed payments can mean I have broken the terms of the credit agreement

but surely if the account is closed there is no longer any agreement,

 

just a debt to be repaid?

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if the account is closed, they cant add anything

I hope the int is frozen.

 

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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  • 5 months later...

After a long wait after complaining to creation

 

I received a letter saying that the account was closed and they could levy interest and charges

but they would refund some charges and on the statement showing this they added another £12.

 

I told them that the account being close meant no charges as the credit agreement had been terminate.

 

They wrote back and said the account being closed didn't mean the agreement was terminated!

 

So I think a complaint to the Ombudsman is in order?

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  • 6 months later...

Just thought I'd add my bit to all this. For the last 3 or 4 years my car insurance has been finance through Creation, and on the occasions I have missed payments I have been charged £25 admin fee and £3 for payong via debit card.

Now my insurance is due for renewal, and the quotes are now low enough that I can pay the policy in one lump, thus removing Creation from the mix, maybe I should start claiming these charges back. Are the charges for paying via card claimable as well?

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yes

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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  • 1 year later...

Just in case the OP and any others posting on here have given up on fighting Creation - Don't. It is worth reclaiming all their penalty charges. Go through statements, work out the compound interest owed by C and start the letter process. C don't bother to reply - so you may end up with a quick Judgment against them and £s in your pocket...

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