Jump to content


  • Tweets

  • Posts

    • and Brexit Britain err EU Greece becomes first European country to ban bottom trawling in marine parks   Greece becomes first European country to ban bottom trawling in marine parks | Fishing | The Guardian WWW.THEGUARDIAN.COM The law will come into force in national parks within two years and in all of the country’s marine protected areas by 2030  
    • Good on them for following the rules. They still haven't proven that I'm the driver though right? I also checked the council's website and there's no planning permission for the signs. No luck with the organ grinder. I think I'll need to take this to court and win to prove my point to the other freeholders.
    • Isas already allow you to earn tax-free interest on up to £20,000 each tax year. But under recent reforms, they are now supposed to be more flexible.View the full article
    • The NTK is pretty good at complying with the Act  as is the Notice to Driver so no help there. I seem to remember OPS getting hammered by a Judge [in brighton I think] so they seem to have tightened po their act since. The organ grinder is the MA and the monkey is OPS.
    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Creation card charges


Charbydis
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3006 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

  • 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

Link to post
Share on other sites

  • 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%

Link to post
Share on other sites

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.

 

Link to post
Share on other sites

  • 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?

Link to post
Share on other sites

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... 

Link to post
Share on other sites

  • 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?

Link to post
Share on other sites

  • 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?

Link to post
Share on other sites

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... 

Link to post
Share on other sites

  • 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...

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...