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    • 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 ??  
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Creation finance


persha50
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Hi - firstly brilliant website with most amazing advice,

has helped me out over the years but this is a new one which hopefully you can help me with.

 

If I am being harassed by phonecalls (over 4/day even when I speak to someone and say I have already spoken to someone an hour previously)

do I have to go through their "security" before they can stop the phone calls.

 

I got a fridge on finance and

 

 

about 6 months ago there was problem with my bank account and all my direct debit went funny

so have been paying my monthly payment which is £27.04 and I have been paying £30,

but because they cannot draw on the direct debit they contacted me.

 

 

As I only have 3 months left on my agreement I don't see why I should set up a direct debit seeing as I am paying by standing order.

 

 

They are after me for some charges on my account for +/-£46 which I think are very high especially as I have been making payment.

 

 

When I spoke to them I told them I could not pay the charges via debit card (which is what they were phoning me for)

they kept on saying could I just make a small payment or token payment on the £46 even a £1 would be ok???

 

 

Firstly I don't see why I have been charged but will ask for details and

secondly I am scared to give them my card details in case they use for more payments.

 

 

That was last week but

this week the calls have started

I keep saying I have spoken to someone and could they stop calling but

they say they cannot do this until I have gone through security with them.

 

 

I have been ill in bed for the last 2 days so feel rubbish and do not want to sit and go through security I just want them to stop calling.

 

PLEASE HELP - I want get over my flu in peace!!!

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WHO? Is phoning you?

 

When they ring, laugh and hang up, or tell them ''everything in writing'' and hang up.

 

Keep a diary of events too.

If they persist, you could send them http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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theres no legal remit that you must pay any penalty charges.

 

 

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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Hi - thanks for your reply

- its Creation who keep on phoning me and

 

 

when I ask them to contact me in writing they say they cannot as I have not gone through security questions with them.

 

 

I am not going to go through security questions everytime they phone which can be up to 4 or 5 times.

 

 

So can I get them to stop calling by telling them without doing the security bit???

 

Hi dx - thanks for that,

 

 

I am querying the fees as they seem very high but that is what they are calling about

 

 

, its not my monthly payments its their charges they want paid.

 

 

Even asking for £1 token payment via debit or credit card!!!

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please stop playing their silly games

 

 

phone rings - creation

hello writing only thank you

put the phone down.

 

 

have you got all you statements from them?

 

 

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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Hi dx - thats what I do I tell them I have spoken to someone from Creation about an hour ago and please can they write, but they still keep phone which is 4/5 times a day. Yes have all my statements. Only got 3 months left to pay!!! Their argument is that they cannot take anything I say as I have not gone through their security questions.

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three words in writing only.

 

 

get those charges back the fees

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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Keep a diary of events with a view of reporting them to the police for the criminal offence of harassment.

 

Personally and IMO, if you're paying them 30£ a month then ignore the fools, absolutely zero they can do, ans as for their penalty charges, you won't be paying those either.

 

The link to the telephone harassment letter is in my first post #2, send them that, get proof of posting, which is free from the PO counter.

 

Don't speak to the telephone jockey any more, just laugh and laugh and laugh, even better, get a copy of the 'Laughing Policeman' and when they ring, just say, Hang on I'll just get them, place down the handset next to a speaker and press play, walk away and go and do something more interesting like watching paint dry.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...

Having dealt with a complain with Creation since January with the same issues as you, I used this to get them to pay me

 

 

1. Start a formal complaint

2. Wait 56 days escalate it to official

3. Claim compo for letters and calls (you must record these)

4. Send draft letters to Creation that your formal complaint to the FCA/FOS is ready to sent to the bodies, I included them in my final letter to Creation within a week I was told that they will issue a payment as a final resolution.

5. Get a pay out

 

 

The reason that they are claiming fees and anything to do with a direct debit is that there systems are antiquated and out of date, I did actually say this to them.

It took them nearly 4 months to resolve my complaints and the result was a nice cheque in the post (substantial) BTW.

 

 

If Creation have charged you a fee reclaim it. Use the system error they have as a reason for you claiming the fees back. If you read the T&C's properly then you will see they cannot charge you ANY fees as long as the payment is recived by them by the due date, you will need to allow at least 7 days to make sure the payment is received by them before the due date end of.

 

 

Ps I will never use them again

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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  • 4 weeks later...

Since my last post on this thread just an update to the OP

 

 

Creation have finally caved in and given compensation to the agreement holder. The compo was in the 3 figure mark, this was for harassment and misrepresentation of the T&C's. This took just 3 months of calls emails and letters.

 

 

To forcefully pursue the complaint a MCOL was created in the end, but NOT completed. the result was for creation to complete and pay out within 7 days. So it is worth while pursing a complaint even to the bitter end..

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Hi - thats brilliant news.

 

 

My payments have been made a few days late as am doing them via standing order and not direct debit which is why they are putting charges on.

 

 

Got a letter a while back to say that they were charging me 100 for referring my account to a debt management agency.

 

 

Calls are still ongoing,

 

 

Can I ask a bit favour if you can would you let me have a copy of their T&C/credit agreement as I cannot find my original one.

Kind regards

Sharon

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they cant do anything of the sort

 

 

how old is this 'debt'

 

 

is it on your credit file?

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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well you certainly do not have to pay any penalty fees nor debt management fees

 

 

end of.

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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