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Posts posted by steve5080

  1. Please help.



    My son-in-law has just received a CCJ from Northampton Court ordering him to pay £145 per month.



    The first he knew of this coming was when he received the N1 from the court couple of weeks ago.



    He didn't even know the loan had been sold off.



    He sent a letter requesting deferral but then received a judgement in default because they did not receive his letter

    (it turns out he sent it to Erudio in stead of Rentons solicitors).



    He is concerned that if he does not pay the £145 by the 10 Nov. they will send in the bailiffs.



    They are also concerned that he now has a CCJ against him and are looking for a new home to rent.

  2. I am at LBA stage with this lot over an item that was returned to them and they claim not to have recieved, in spite of crediting the second item sent in the same package. I am also claiming a refund of all PPL payments as this was at best, mis sold. I see on the bottom of their letter head is reads "Authorised and regulated by the Finnancial services Authority in respect of Insurance Mediation activities only". Can anyone explain exactly what this means, are they no longer authorised to sell insurance?

  3. My daughter has just found that she has been credited with £38.00, however she already been credited £19.50 by the lending centre and explained in her letter to Borehamwood that she was seeking the remaining £18.50. She is worried that if they realise she has been overpaid, they may think she is being dishonest. I doubt they would ever notice and she should look on it as compensation. Should she return the £19.50 to that nice Stuart Hickley explaining his error, or just accept it.

  4. My daughter has just received the follow reply:-


    We explain all of our teams & contitions including our fees and charge etc. etc blah blah blah

    However, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the amount of £38.00 paid direct to your account.

    To accept this offer in full and final settlement of your complaint please let me know by completing the attached form and returning it to us in the reply paid envelope proided. If you would like to discuss this offer please contact the number quoted above.

    Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

    I trust that is will resolve your complaint.................


    I am inclind to suggest that she writes accepting the payment, but state that she cannot accept the further aplication of unlawfull charges as neither she nor anyone else can sign away their lawfull rights


    Any comments please

  5. I would add that in the last week I have spooken to OFCOM, the OFT and Trading Standards, and none of them seem to know the law, or seem to be able to do anything. I have say the help from people on this site is way better then any of these organisations, Thank you all, and lets keep it up.

  6. I am constantly being told that in spite of my letter, the calls will continue! Sigh! Presumably nothing will stop until I complain to OFT!


    I phoned the OFT on Wednesday and was told there was nothing they could do, they said that if the calls were before 8am or after 8pm they would call it harassment, and that it could be reported to the poilce.

  7. ****RESULT***** I went to hand in the N1 this morning but realised when I got to the court that my wife had to sign to forms as it is in her name. However she phoned me at work this afternoon to say she had had a phone call from a very appologetic man at Creation who said sorry for all the phone calls, he was writing the account off, AND would be sending a cheque foe £350. :D :D :D

  8. ****RESULT***** I went to hand in in the N1 this morning but realised when I got to the court that my wife had to sign to forms as it is in her name. However she phoned me at work this afternoon to say she had had a phone call from a very appologetic man at Creation who said sorry for all the phone calls, he was righting the account off, AND would be sending a cheque foe £350.:D :D :D

  9. I am claiming contractral interest and need another eye to check my form please:-:confused:



    1. The Claimant has an account **************** with the Defendant which was opened on or around 18 March 2003

    2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

    3. The Defendant applied Payment Protection premiums without the Claiments authority, or any regard to the siutablilty of such insurance. Further, the Defendant continued to apply this premium after two writen notices to cancel the said insurance.

    4. The Claimant also claims interest at a rate of 2.2% per month, from the date of each transaction to (date of claim) of £336.07, as set out in the attached list of charges. The claimant claims interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.99 per day. The Defendant charges interest to the Claimant, via the Account, at this rate. The Defendant claims that it is entitled to charge this rate, by virtue of the Terms & Conditions. Using, that reasoning and maintaining the principal of equity, mutuality and reciprocity between the parties, the Claimant contends that he is entitled to an equal rate of interest in this case. The Claimant notes in particular that the Defendant erred in law, had no legal right to levy the charges to the Account and refused to refund the Charges when asked to do so by the Claimant.

    5. A list of the charges applied is attached to these particulars of claim.

    6. The Claimant contends that:

    a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

    b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

    7. Accordingly the Claimant claims:

    a) the return of the amounts debited in respect of charges in the sum of £420.20;

    b) Court costs;

    c) Contractrual Interest of £336.07; Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

    8. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).





    I need to loose a line or two!

  10. Have sent Prelim and LBA to Creation, they made a particial refund of charges and unwanted PPI on Prelim, but are still chasing "overdue payment". The LBA is for nearly twice the outstanding balance, and the 14 days from their recipt of letter is up today. However this morning we got another statement still showing PPI charges, in spite of telling them this was not requiered, miss sold etc. in both prelim and LBA, and another letter saying that their will be serving a Default Notice under Sec 87(1) of the Cunsumer Credit Act 1974. I have spooken to OFT, but they said they are not that well up on the law, and will only be able to investigated as to whether they are suitable to hold a credit licence.

    I don't know whether to pay them off in full, and then take them to court, or ignore their threats:confused:

  11. I was thinking of sending them a contract


    I will invioce you the sum of £20 for my time in answering telephone calls from your company, staff or representives.

    If you telephone me after recipt of this contract, it will be taken as aceptance of this contract.

    If you do not wish to acept this contract, DO NOT PHONE!

  12. Creation Financial Services have ignored my letter which they received 4 Jan 07. This was sent after finally recieving 4 calls in one day. Someone phoned on the second and I explained that I had sent a letter on the 28 Dec. She said that when they get the letter that would put a stop to the calls, as they HAD to take our number off their system, but in the mean time she would put a 10 day block on the system. We got no calls until last night at 8:40. I have phoned OFCOM who say they do not act in individual cases, but have recorded the complaint. The OFT are sending a form to me, they said that the company should not be phoning at all, as the account is in dispute. I also sent a letter off to Creation about the continued calls, and took the oppertunity to remined them that they only have two days before I start court action.

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