Nasty Creation Finance **WON** Discontinued

[car2403]

Hi Chris

 

Thanks for popping in, the great thing about this site is that we can all share our experience and that can only serve to help people make their own decisions

 

I appreciate you taking the time to post this:) and i am always happy to be corrected

 

Regards

paul

 

Yikes.. wasn't correcting you

 

Just a different viewpoint, really. I probably would use them again, to be honest, as they are really powerful if granted. (Just because my Judge didn't, doesn't mean another won't, as we know...)

 

It is great we can share our views and let the OP make an informed decision - also interesting to see what happens either way, isn't it?

[honey5]

:o heyyyyyyyyyyyyyy dont you lot go using me as a guineapig

 

thanks for the input fellas it really is appreciated xxx

honey x

[sea-sidelady]

Glad to see you have it sorted out Honey.

[honey5]

thanks flower but i couldnt have done it without you all

honey x

[tomterm8]

The problem with the standard directions in the small claims track is they do not require disclosure, and so disclosure does not happen... in which case, you still end up with a new trial date being set.

 

You can reduce the cost implications by not asking for a directions hearing... the judge may order one anyway, but it is harder to justify awarding additional costs in that case.

[honey5]

flurry of activity here

 

letter dated 9th may

 

dear madam

creation financial services limited-v-yourself

 

we refer to the above matter.

please find enclosed by way of service, a copy of our clients allocation questionnaiire.

 

Drydens

 

attached were their draft directions

 

1 the case be allocated to the small claims track

 

2 there be a stay in the proceedings for a period of one month to enable the parties to try to resoce the case with further intervention of the court

 

2 by 4pm on [28days for the date of the order] the claimant shall write to the court to confirm whether a. the case has settled b. a further stay is required; or c. what directions are requested to progress the case.

 

4 costs in the case

 

 

]

second letter dated 30th may

 

we refer to above matter

 

Please note we are awaiting our clients specific instruction in relation to the issues raised in oyu defence, however in the interim, we now enclose by way of service upon you a copy of the credit agreement which was duly signed by you and a representative of adams kids on 25 february 2008 :o

Given that the above and the aforementioned enclosure, we trust that you will not seek to rely any further upon your initial allegation that an enforceable agreement doesn not exist.

 

On a further point; in interest of savings and costs in this matter, our client has confirmed that it may be prepared to suspend the court proceedings if the parties are able to negotiate acceptable terms for repayment of the debt. We would therefore innvite your proposals for repayment of the outstanding sum so that we may revert to our client accordingly.

 

As you will know court directions provide that the parties must file allocation Q but 2nd June. A copy of our clients AQ will be served upon you under seperate cover, however, we would ask you to note that we intend to ask the courts to stay the proceedings for one month to allow negotiations to take place.

 

Given that the relevanat rules require parties to attempt to settle claims before the requirement of a hearing. We trust that you will have no objection to this proposed course of action.

 

Drydens

 

sorry scannerless still

the agreement contains

 

1 credit agreement reg by......

 

2 my name

3 marital status

4 spouse/partners name

5 phone number

6 address

7 previous address

8 cards held

9 employment details

10 payment method (the min payment is 5% of the outstanding balance shown on your statements or £5 whichever is the greater)

11 payment protection X

12 card protection X

13 bank or building society details X

14 declaration and consent

15 your right to cancel

16 signature yep its mine date 25 feb 1998

 

then a box for store use only

 

 

 

3rd letter

30th may

with out prejudice save as to costs

we refer to the above matter

in the interest of saving costs potentially incurred as a result of these proceedings, we are instructed that our client is prepared to suspend its claim against you on the condition that you agree to repay the principal debt our client is claiming.

 

Our client would be willing to accept the required amount either by lump sum or by way of payments no less than £50 per month

 

the particulars of our clients offer are set out below

 

the offer

 

1 this offer is made pursuant to part 36 of the civil proceedure rules

 

2 our client will accept £*** from you and on the condition the payment is recieved by the required dat or the reqired monthly installments are received byt their required date our client will take no further action against you.

 

4 the offer includes interest and relates to the whole of our clients claim

 

_______________________________________________________

 

received this morning

 

 

we refer to the above matter

 

Thankyou for sending to us your copy of the AQ and we thust that you will by now have received our without prjudice correspondence dated 30th may

 

We note the contents therein and, further to our provisioin of the credit agreement, we are endeavoring to obtain copies of the documents you have requested from our client.

 

With reference to the default notice however, as we have congirmed in previous correspondence our client does not retain copies of the default notices it issues. We will however be able to provide a template of the default notice (as permitted under section 77 of the consumer credit act 1974) together with the relecant confirmation that the default notice was issued on the specified date. Once these documents are in our possession we will accordingly provide you with copies.

 

Y ou however make reference in your defence to having received a letter from our client addressed too *mrs honey* As you have stated that thje default notice was addressed to you., we do not understand on what basis you beliece it did not contain your name.

 

In order to clarify this matter, we would be grateful if you could provide us with a copy of the letter you refer to in your defence in order that we may seek our clients comments in relation to its contents

 

drydens

 

 

 

now what do i do

 

honey x

[nicklea]

Hi honey,

 

It really would help if you could scan the agreement.

 

Does it mention anywhere on it about an interest rate or a credit limit - you didn't mention either of those and they are vital.

 

Also, who is the name of the creditor - is it Adams or creation finance?

 

Can I ask, do you remeber if you signed up for this instore or was it done through the post etc (I know it's from a long time ago)?

 

Finally, giving notice of cancellation rights is very important so could you say exactly what it says in the cancellation box. IF they hven't done this properly then it will be unenforceable.

[honey5]

no, no interest rate nor credit limit at all

its creation financial sevices

yes it was signed in store

 

cancellation box says

your right to cancel

once you have signed this agreement you still have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by sears financial scervices limited

honey x

[nicklea]

ok, this really is getting a bit confusing - and this is where seeing the document would really help.

 

The creditor on the agreement (not the claim form from the court) is creation financial services but I note that the cancellation details say it will be sent by sears financial services. It should be by the same company.

 

When you signed instore they should have given you a copy of the agreement to keep - I'm sure you don't remember after all this time. They should have included full cancellation details on that copy - but it was rare for credit card companies to do that.

 

Are you absolutely certain there is no interest rate shown on the agreement? If not they're totally b*ggered and they can't do anything.

 

With the credit limit it may say something like we will determine your credit limit and let you know.

 

It's difficult to say without actually seeing the agreement, but it does sound as though this is totally unenforceable. But I am only going on what you have told me and without seeing the actual agreement

[spiritgirl59]

Subbing x

 

Honey how is it going?

 

I did a search for Drydens on here and found your thread as I've got Drydens (for Creation) chasing me at the mo, similar situation to yours by the sounds of it.

 

Love SG x

[honey5]

:):)

 

received this morning

 

dear madam,

 

creation financial services ~V~ Yourself

 

we refer to the above matter.

 

Whilst masking no admission of liability in respect of the allegations raised in your defence, and purely on a commercial basis, our client no longer wishes to proceed with its claim against you and we now enclose, by way of service, a Notice of Discontinuance which we have filed at court accordingly.

 

yours faithfully

 

Drydens

 

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

 

 

a HUGE THANKYOU to all that have helped and a very special thankyou to Jowalshy for the marathon she ran to get the papers back in time for court xxx

 

Jo xxx

 

honey x

[pt2537]

WHOOOOOOOO HOOOOOOOOO RESULT!!!!!!!!

 

 

Congrats Hun, its nice to see something going in your favour:)

 

 

I shall change the thread title to won to reflect the great news

[honey5]

thankyou Pt for all of your help on this one too xxx

 

 

honey x

[jowalshy]

yipeeeee. yaaaaaaaaaaaaaaay..

 

doing cartwheels here

 

well done honey :)

 

xx

[spiritgirl59]

Well done Honey :D:D

Woo hoo!!!

that is GREAT news! I am chuffed to mint balls for ya!!

Love & hugs

SG xxx

[tomterm8]

congratulations

[pt2537]

congratulations

Hello Tom, long time no speak mate

 

nice to see youre still lurking around though:)

[creditcardmug]

Well done, now you can forget about this and enjoy life Regards

[honey5]

thankyou all

SG they arent nice but................. with the help of everyone here .........theyre now gawn Yaaaaaaaaaaaaaayyyyyyyyyyyyyyy

 

and cheers tom its much appreciated xxx:)

CCM thankyou xxxx

 

honey x

[pt2537]

nearly forgot, i had better move this thread to the success forum