Hells v Creation finance

[hellhasnofury]

Hello everybody.

 

Will cut the long story short.

 

Had a Wallis account, with CF a few years ago. Found a old statement that appeared to have Accident/Death insurance. Sent a S.A.R - (Subject Access Request) and got back some very interest information. This insurance costing £8.19 a month, just appeared. and what is more interesting another policies for Death Cash Plan costing £13.?? appeared. I never did look at these statements when they came, but we all know better now. Do not trust them:o

 

Worked out the figures and it can to over £400, so sent them a prelim letter asking it for it back, with of course their contractual rate:p

 

Response back we are investigating:rolleyes:

 

Sent the letter before action after 14days

 

Got this response back

 

 

Dear HHNF

 

Thank you for your letter blah blah

 

Your query regarding the insurance premiums on your account relates to Stone bridge international who administers the policies for you. As this agreement that you have made with a third party company. you will need to contact stonebridge direct if you have any concerns regarding the cover. See address below

 

I can confirm that we wrote to you at the time your account was passed to GE Capital to advise you of the change in adminstrators, therefore, we have fulfulled our obligation to you in this respect. I am unable to provide a copy of this letter due to the amount of time passed since this change.

 

After an extensive search, I am unfortunately unable to provide a copy of your signed ca due to the fact that we no longer administer your account. However please find enclosed a true copy of the agreement that you would have signed at the time you opened your account.

 

I do hope that you are happy with my response, however and then the normal speel regarding ring us, fos blah blah

 

I have sent them this response

 

LETTER BEFORE ACTION

 

 

Dear Ms

 

Account No:

Thank you for your letter dated 29th of January 2008. Unfortunately, I am of the opinion that your response is rather less that satisfactory. My belief is that your Company are trying to mis-lead me, regarding the unauthorised application of insurance premiums to the above account. There now appears to be other serious issues unfolding, namely no credit agreement or evidence of a letter informing me that the above account was sold/ passed/ acquired by GE Capital.

 

I am greatly concerned and perplexed regarding your statement that:

 

“My query regarding the insurance premiums on the above account relates to Stonebridge International who administers the policies for me. As this is a separate agreement that I have made with a third party company, I will need to contact Stonebridge direct if I have any concerns regarding the cover.

 

It appears from the statements received with my Subject Access Request, for the above account, that the payments for these applied premiums where made to Creation Financial Services Ltd.

 

I feel that it is extremely important that you clarify your relationship with this third party in this matter. I have never heard of this 3rd party until your letter of 29th January 2008.

 

You confirm that you wrote to me at the time the account was passed to GE Capital to advise me of the change in administrators. You have also confirmed that your Company is unable to provide a copy of the letter due to the amount of time passed since this change. Your Company under the Data Protection Act have a legal obligation to retain all data pertaining to the account for 6years. I find it totally unacceptable that you have no proof that this letter was sent to me, and I can confirm that I never received any such letter from your Company.

 

As regards the enclosed true copy of the agreement that I would have signed at the time I opened my account. This is a rather serious legal issue. You confirm that after an extensive search, that you unfortunately are unable to provide a copy of the true credit agreement that I signed. This is due to the fact that you no longer administer this account. I find it interesting that GE Capital are also unable to produce the credit agreement for the above account, after a legal request under the CCA section 77/78. You suggest that your Company have fulfilled their obligations regarding the above account. I dispute that your Company have fulfilled their legal obligations in the management of the above account. I shall be reporting this matter to the Information Commissioner, Office of Fair Trading and Trading Standards.

 

I look forward to receiving your proposals, for the reimbursement of the unauthorised insurance premium monies , plus interest at your contractual rate, taken by your Company, by the appliance of these mis-sold insurance premiums by your Company to the above account.

 

Your sincerely

 

Why do these things never run smooth

 

Watch this space

[tonycee]

Why do these things never run smooth

Oh but they do.

 

To the tune of ££££££££billions.

Do you mean, how the hell have they been allowed to get away with it for so long.?

 

Well, not any more ?

 

Go get em Hun..

[Maggiebroom]

OOPs!!

 

Haven't they boo-bood Hell.

 

To echo Toyncee. Go Get em

 

maggiebroom

[fightthemback]

Hells,

 

I am gonna be ringside for this one. I can smell a fight and these clowns are unarmed. I will bet on a knock out and full refund for you within weeks.

 

Good Luck, we are all rooting for you.

[hellhasnofury]

Hello all,

 

Thanks for your votes of support, I have been become accustomed to a good fight with these companies, so we will see what they try to come back with and knowing the reputation of these companies It probably won't be my hard earned cash:lol: just more lame excuses.

 

keep you posted

[sallysas]

So did it get resolved? I hate creation at the moment - so incompetant....

[hellhasnofury]

So did it get resolved? I hate creation at the moment - so incompetant....

 

Hello Sallysas,

 

How are you well I hope:D

 

I did say that things never run smooth, but what a can of worms did I open up.

 

Quick update if possible

 

Creation finance, scandelous business tactics. They wrote and told me again that they had absolutely nothing to do with it, to get stuffed and gave me the name of this separate company that I have agreed to have those policies. Stonebridge International Insurances indeed:confused:Never heard of them before.

 

Ok so I wrote them a really nice letter telling them that cf had given me their name and address and that did they have any information regarding the policies.

 

Oh they were extremely vague and did have some information on one of the policies, I wrote back and again vague and non=commital.

 

So them I got a bit more serious, asked who had contacted me and who had given them my account no, who received the commission etc etc.

 

More vagueness, so sent them a S.A.R - (Subject Access Request) and then I got some answers,

 

Seemingly creation finance wanted me to be offered this exception cover, so they gave my personal details to stonebridge, who then contact me. once I agreed:eek: to these useless policies, stonebridge contacted cf, who then gave them my account details, for them to obtain payment.

 

Oh the recorded telephone conversation, they only keep for 3yrs and then securely destroyed them, How convenient for them not:rolleyes: Do they not know about the data protection act.

 

So I have now sent them a prelim for the return of all payments they received via cf/ So will update when they have responded. But I do not hold out any quick response with them,

 

In the SAR what really concerned me is that they hold information about my husband and youngest child. Where did they get that information from:eek:

 

And as for cf, do you know they sold my account to ge money in 2004, without a credit agreement. I approached ge my with a section 77/78 request and they have breached it and told me unfortunately after approaching cf they cannot obtain it.

 

CF after a section 77 request, told me that because it was a long time ago, they don't have it. Are they not aware of responsiblity under the Data Protection Act and the anti money laundering regualtions either.

 

The mind boggles

[maggie]

Go get :em HHNF.

 

Maggie

[alanalana]

hello hhnf,

 

Quick update if possible

 

Creation finance, scandelous business tactics. They wrote and told me again that they had absolutely nothing to do with it, to get stuffed and gave me the name of this separate company that I have agreed to have those policies. Stonebridge International Insurances indeed:confused:Never heard of them before.

 

Ok so I wrote them a really nice letter telling them that cf had given me their name and address and that did they have any information regarding the policies.

 

Oh they were extremely vague and did have some information on one of the policies, I wrote back and again vague and non=commital.

 

So them I got a bit more serious, asked who had contacted me and who had given them my account no, who received the commission etc etc.

 

More vagueness, so sent them a S.A.R - (Subject Access Request) and then I got some answers,

 

Seemingly creation finance wanted me to be offered this exception cover, so they gave my personal details to stonebridge, who then contact me. once I agreed:shock: to these useless policies, stonebridge contacted cf, who then gave them my account details, for them to obtain payment.

 

Oh the recorded telephone conversation, they only keep for 3yrs and then securely destroyed them, How convenient for them not:rolleyes: Do they not know about the data protection act.

 

So I have now sent them a prelim for the return of all payments they received via cf/ So will update when they have responded. But I do not hold out any quick response with them,

 

In the S.A.R - (Subject Access Request) what really concerned me is that they hold information about my husband and youngest child. Where did they get that information from (demand an answer to this one!)

 

And as for cf, do you know they sold my account to ge money in 2004, without a credit agreement. I approached ge my with a section 77/78 request and they have breached it and told me unfortunately after approaching cf they cannot obtain it.

 

CF after a section 77 request, told me that because it was a long time ago, they don't have it. Are they not aware of responsiblity under the Data Protection Act and the anti money laundering regualtions either.

 

The mind boggles

 

Have yourself a goodtime with this lot they have broken all the rules in the book.

 

passing on data to third parties without informing you.

destroying data about you without informing you and certifying the destruction by an authorised officer.

breaching timescales on data retention six years from the time of the last transaction on the account.

selling accounts without a valid cca being evident.

 

and the rest

 

have fun:wink:

 

aa

[hellhasnofury]

Wow thanks you lot, following me from the ppi section to this. I truely value your support, sometimes you feel the only one that looks at your thread is yourself:lol:

 

Keep you updated if and when I receive a reply:roll:

[alanalana]

hello hhnf,

 

we all need support in this fight, as the banks and financial institutions are closing ranks, watching what happens on cag and adjusting their responses accordingly to make life as difficult as possible for PPI claimants. I am sure they see where we have difficulties by watching the threads and then apply tactics to make life even more difficult.

 

That sums up the banks! Got your money and will do anything to hang onto it:eek:

 

I will keep an eye out for your progress. Good Luck

 

aa

Edited September 19, 2008 by alanalana
wropng handle used

[sallysas]

The arrogance of them attempting and succeeding for a while to make more money. Then the false statement thet they can't find paperwork - oh pleasssseeee. But alanalana is right in a nutshell thjey have broken all the rules. Are you going to write to the OFT eventually saying that you consider they are not proper persons to hold a consumer credit license. Did you know they have moved to Solihull from Yardley.

 

Will be watching with great interest your tearing them to shreds.

[hellhasnofury]

The arrogance of them attempting and succeeding for a while to make more money. Then the false statement thet they can't find paperwork - oh pleasssseeee. But alanalana is right in a nutshell thjey have broken all the rules. Are you going to write to the OFT eventually saying that you consider they are not proper persons to hold a consumer credit license. Did you know they have moved to Solihull from Yardley.

 

Will be watching with great interest your tearing them to shreds.

 

Hello All,

 

Thanks for your comments and support, At the moment I have been dealing with the insurance company as cf deny all responsibility:mad:

 

But a very strange event has happened today:wink:

 

The very nice people at the insurance company whom I have approached for the refund:grin:

 

Bummer really they deny they have not complied with regulation:rolleyes:

 

But in a final response have

 

Offered me a goodwill gesture of everything I have asked for and

 

8% interest from 2004

 

My face is sore from smiling

[robin-banks]

Well done :grin::grin::grin:

[alanalana]

Hello hhnf,

 

Hello All,

 

Thanks for your comments and support, At the moment I have been dealing with the insurance company as cf deny all responsibility:evil:

 

But a very strange event has happened today:wink:

 

The very nice people at the insurance company whom I have approached for the refund:grin:

 

Bummer really they deny they have not complied with regulation:rolleyes:

 

But in a final response have

 

Offered me a goodwill gesture of everything I have asked for and

 

8% interest from 2004

My face is sore from smiling

 

How dare they prevent cag members seeing a good scrap.

 

Well done enjoy:-D

 

aa

[sallysas]

Well if they're going to buy you off and hope you will go away 8% from 2004+ would definately make anyone smile. Now come down off that ceiling will you......:):)

 

Oh I am pleased for you though - you work so hard for the money. Are there going to be future instalments though as they have behaved so unlawfully. Details about your family etc.

[hellhasnofury]

Well if they're going to buy you off and hope you will go away 8% from 2004+ would definately make anyone smile. Now come down off that ceiling will you......:):)

 

Oh I am pleased for you though - you work so hard for the money. Are there going to be future instalments though as they have behaved so unlawfully. Details about your family etc.

 

Hello Sallysas,

 

Thanks for your post, I am extremely happy with the fairness of this company, they have refunded all monies back plus the interest, after asking them once. I know there is denials, but I can live with that:lol:

 

I have their written confirmation relating to the information of my family and I really don't feel like taking this further if I am honest. I have bigger fish to fry. Like ge money thats my next move Oh ad you will be pleased to know creation finance ( I know how much you like them) there is a letter swinging their way shortly, oh and the enforcement authorities:D

 

My motto is never give up Never surrender.

[maggie]

Well done HHNF,

I am really pleased for you.

Maggie

[hellhasnofury]

Hello All

 

Just to let you know the money is sitting very nicely in my bank account:grin:

 

I feel this was a case of commission based selling:mad:

 

Creation sold my details to this insurance company. They contacted and gave their speel. To be honest it was so long ago, I do not remember what was said, but I do not I would not have agreed to these ludicous policies. I really was not planning to have an accident or die:eek: Jeepers!!!!!! As this creation account had a very low balance, I just paid the minimal payment and never looked at the statements, because I did not spend any money on the card.

 

It was when I sar'd creation and received the statements did I realise what had happened.

 

So I wrote the cf who are very rude in their correspondence, they do not wish to be at all helpful and they were extremely defensive to say the least. They provided me with the insurance companies details. They were quite helpful, but a little bit skimpy with the truth, basically they blamed each other.

 

I SAR'd the insurance company requesting all information including the recored telephone calls and they stated that they only kept them for 3yrs. I reminded them of the legal responsibilities under the data protection act and requested back the payments plus 8% interest. Did think they would put up a bit of a fight, but no they did the honest thing, they paid up.

 

So this money will help me no end, towards issueing a court claim against ge money:grin:

 

An

 

So I wrote to

[alanalana]

**Well Done HHNF**

Very Pleased for you.

 

aa

[chelle_hutch]

Hi HHNF

 

I am challenging CF atm and yesterday got an unpleasant, unhelpful and, quite frankly, rude reply from them. I have asked for a refund for an insurance policy i was mis-sold in connection with my TV. They are trying to tell me that the policy was sold on a 'non-advisory' basis, i'm not sure what they mean by this. I don't have the letter with me at present but i'll post some of the comments later and maybe you can help me?

 

Thanks and well done!

 

MC

[hellhasnofury]

Hi HHNF

 

I am challenging CF atm and yesterday got an unpleasant, unhelpful and, quite frankly, rude reply from them. I have asked for a refund for an insurance policy i was mis-sold in connection with my TV. They are trying to tell me that the policy was sold on a 'non-advisory' basis, i'm not sure what they mean by this. I don't have the letter with me at present but i'll post some of the comments later and maybe you can help me?

 

Thanks and well done!

 

MC

 

Hello CH,

 

Yes they do tend to be rather rude and defensive, but keep at them.

 

Please do start a thread on the forum regarding your complaint and if I can help I will

[reidnet]

Glad to see you are still fighting hard Hell...lol Sorry I aint been around for a while , but have a lot of things happening at the momment.

 

Will send you a PM later..

 

Ian

x

[hellhasnofury]

Glad to see you are still fighting hard Hell...lol Sorry I aint been around for a while , but have a lot of things happening at the momment.

 

Will send you a PM later..

 

Ian

x

 

Hiya Ian,

 

So, so glad to hear from you again:D You've been gone to long:-D

 

Oh and I only have the fight in me cause of your example and teaching masta:p:-D

[reidnet]

Hiya Hell,

I was going to ask you list all the ones you have fought with recently, but on re thinking it may be quicker to list the ones you have not fought with..lol

 

mmmmm Rowies wi Syrup and a cuppa ...lol

 

Ian