Nasty Creation Finance **WON** Discontinued

[honey5]

:o received 2 "Not" very nice letters from creation finance this morning, theyre regarding an adams store card (taken out at least 13yrs ago and not used for at least 5yrs)

ratching about i managed to turn up an old statment from march 05 and the outstanding balance then was £125

letter 1 reads as follows

 

 

our ref xxxxx

mrs x xxxxxx. (they cant even spell it)

where i live

newcastle

4th january 2008

 

 

account no:-xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

IMPORTANT YOU SHOULD READ THIS CAREFULLY

 

This is a Default Notice served in accordance with the provisions of S87(1) of the Consumer Credit Act 1974 on behalf of Creation Financial Services Ltd in respect of aggreement number detailed above.

 

You are currently in arrears with your monthly payments. This breac of contract is capable of remedy by payment of £16.98 before 23/01/08.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFOR THE DATES SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN TESPECT OF THIS BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FUTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

Failure to comply witht his default notice will result in:

a) the termination of your agreement with this company

b)all creditcards on your account becoming invalid immediately. You will have to cut them in two and return them to this company.

c)the whole balance outstanding on the account will at that date become immediately due and payable, together with any interest that subsequently becomes due.

d)cancellation of any credit insurance on the account

IF YOU HAVE ANY DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME. IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULDCONTACT A SOLICITOR, TS DEPT, CAB.

 

----------------------------------------------------------------------

letter 2 reads as follows

 

dear xxxx

balance £545.26

arrears: £52

FINAL NOTICE

 

payment fo the full arrears MUST be made immediatelty to avoid further action.

 

Failure to pay the full balance outsanding may result in County Court action being taken against you. If judgement is obtained, your name and address will be entered on the Eegister of County Court Judgements, and would also be registered with the Credit Reference Bureaux. This would affect your ability to obtain credit in the tuture.

 

This debt will not go away. We can only help you if you contact us on the above telephone number

 

THIS IS YOUR LAST OPPORTUNITY TO CONTACT US BEFORE FURTHER ACTION IS TAKEN

 

Yours sincerely

Andrew Martin

Legal Dept

 

 

___________________________________________________________

 

funily enough i opened those two letters in that order, the next to be opened was a statement.

 

amount

balance from last statement 479.91

late fee 20.00

interest for purchase 12.27

 

 

balance £512.18

 

____________________________________________________________

 

 

as you can see ive had a lovely morning

 

the outstanding balance on this card is ALL late charges etc, now do i wait for them to pass it on then have some fun and at the same time S A R creation or do i go straight for the SAR

 

honey x

[mr.ton]

Its all just nonsense threats at the end of the day.

The worse that can happen is a CCJ - so ruddy what, the world wont end as a result even thought they like to make out that it will.

Either ignore the muppets or just play them at their own game.

[Guest Old_andrew2018]

Send them the CCA request

[dpick]

Hi I would send for both CCA and SAR then if they try to take you to court you can 1 counter claim for refund of charges and if you don't receive a copy of an agreement or receive an unenforceable agreement(you would be surprised how many are unenforceable)2 counter claim to have agreement declared unenforceable. Whichever way if they go to court gives you counter claim options, if they don't take you to court then reclaim charges you may actually have more in charges due than the balance of the account.

 

all the best dpick:)

[honey5]

the account is based upon all charges as it stands now, but please dfont talk about court :o

/honey looks around for Goldlady, just incase

honey x

[Guest Old_andrew2018]

Hi

I just printed my SAR to creation, I'll post it to them tomorrow via special delivery next day http://www.royalmail.com/portal/rm/content1?catId=400026&mediaId=63900706

 

andy

[honey5]

thanks Andy i will try to keep up with you then as we are at the same stage

honey x

[honey5]

its starting to worry me now, i recieved a letter this morning from drydens stating that court proceedings will be commenced within 7 days and the debt they seek to recover by way of a charging order

Ive checked to see if the cca has been signed for which i sent to creation and apparently it hasnt!!! what do i do now? what do i send to who?

please help

honey x

[Curlyben]

You CAN assume 2 working days for the CCA to reach the DCA.

Bear in mind that this is how courts operate when serving papers and they are all sent simple first class.

 

As for Drydens, throw this at them.

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

[honey5]

thankyou so much CB my only concern is that creation really havent received the cca, then what

honey x

[Curlyben]

They'll soon write and say if they haven't

[jowalshy]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/128428-requesting-advice-mums-behalf.html

[honey5]

cheers Jo x

[jowalshy]

If poss, could you post up the POC's that they have put on their claim?

[honey5]

sorry Jo my heads in a bitof a mess with all this

 

i have a Northampton county court claim form here

claiment creation financial services ltd

 

address for sending documents and payments

Drydens

 

defendant ***** *******

 

issue date 1st april 2008

POCs

the claimants claim is for the monies due from the defendant under a Adams storecard

agreement (the agreement) number **************** issued on 25/02/1998 regulated by the consumer credit act 1974 (the act)

 

the defendant breached the agreement by failing to maintain payments in accordance with the agreement and was served with a notice under section 87 (1) of the act.

 

the defendant has failed to comply with the default notice and the claimant claims the sum of £***.** with interest at the rate if 34.90% per annum in accordance with the agreement on the sum due from 17/03/08 to 31/03/08 totalling 8.02 and continuing until judgement or payment at the daily rate of 0.53455

total sum claimed £***.**

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

can someone please help me as i really dont know what i should be doing here

 

 

honey x

[jowalshy]

Hi hnoey5, you need to send back the sheet of paper saying that you acknowledge the claim and that you are going to defend it. this, I think, has to be sent back to the court within 14 days of the date of issue. You will then have a further 14 days in which to put in your defence, which of course you will get help with.

 

Have you any idea how much they have charged you in late payment fees etc? Will the amount be about the same of more than the balance owing?

[spamheed]

You asked them to supply you with a copy of the CCA, they haven't provided one, this is a defence in it's own right.

 

In the first instance you will need to acknowledge service, this can be done online

you will be able to inform both the court and Drydens of your intention to defend the claim made against you.

 

they have to prove against you, you do not have to disprove

 

 

There is a letter on this forum requesting all information under CPR, I will have a look for it, if anyone has it to hand, please post

[honey5]

i sent an S.A.R - (Subject Access Request) to creation but have had nothing back at all the 12 days wont be up yet tho), im almost sure tho that the charges will cover the whole amount, it hasnt been used for years.

it says on the back of the form

Time allowed to reply to this claim: you must respond to this claim form within 14days of the day of service. The attatched forms may be used for that purpose. The day of service is taken as 5 days after the issue date shown overleaf.

which states 1st April

gawd i dont like this at all

honey x

[jowalshy]

Hi Honey, send back the acknowledged bit saying you are going to defend (as you have until 14th April I would probably send it next thursday in order to get there just before it). You will still have another 14 days in which to prepare your defence.

 

Send it recorded delivery and take a copy of the form as well for your records.

 

Hopefully they will comply with your SAR and you will know how much the penalty charges amount to in time for you to submit your defence.

Don't panic and keep breathing, there are so many on here that can help you with this.

[honey5]

thanks Jo and spamheed

honey x

[Curlyben]

Hmmm

Rather than a S.A.R a request for info under CPR 18 would of been a better idea.

If they fail to comply with this then that fact can be reported to the court.

As already mentioned you want to acknowledge service and say you are defending in full.

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the **DATE**. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

 

Send this guaranteed next day, the extra £4 will be worth it.

[honey5]

thankyou Ben your a star xxx

honey x

[sea-sidelady]

Just subbing Honey.

[honey5]

thankyou SSL x

this has been quite stressful as im sure youre aware

honey x

[honey5]

i received a letter back today in response to your letter Ben, dont make alot of sense to me but i shall type it up later when kids are hopefully asleep

thanks for your guidance in this matter

honey x