Carcraft/Creation Finance

[cady-leigh]

my mom inlaw bought a car from car craft signed all the relevant paper work and agreed monthly payments of £150 3months down the line £18.20 started to go out of the bank she cancelled these payments as she did not know what it was for she then had a letter from creation finance saying they was adding a late payment chrage and a fee for the letter. she called them as she still didnt know who the hell they was they said it was to do with the car she had she then called car craft they said it was because black horse couldnt give her the full amount for the car so they had to go to creation for the last 500 there is no details to back this up in her paper work no mention of creation there , she is completely confused wot should she do

[steven4064]

Cady-leigh

 

They can't do this. She should send creation a letter requesting "a copy of the executed agreement for the loan under s77(1) of the Consumer Credit Act 1974". She should remind them that they have 12 days in which to comply.

 

It would probaby be wise in this case to copy the letter to car craft.

 

Cady - I'm goint to ask that this post be moved to a new thread in "other institutions" so advice doesn't get mixed up with magitorch's. It would also be better not to be in 'STore cards'

[elsinore]

Thread moved and title changed.

 

Els

[cady-leigh]

hi i have told mom in law to write what you told us but she is worried about the out come and what happens after the 12 days. and how is the best way to word this letter

[steven4064]

A simple letter will do.

Dear Sirs

 

CONSUMER CREDIT ACT 1974 - ACCOUNT No. XXXXXXXXXXXX

 

This letter is to request that you suppply me with a copy of the executed agreement for the above account under s 77(1) of the Consumer Credit Act 1974. I remind you that the statutory period for you to reply to this request is 12 days.

 

I enclose the statutory fee of £1.

 

I look forward to hearing from you.

 

Yours sincerely

 

C-L's mum

Don't forget to enclose the £1 as a postal order and don't sign the letter, just print your name - we don't want them to have a copy of your signature to use to 'manufacture' a credit agreement.

 

After 12 days, one of 2 things will happen:

 

1) they will have sent you a copy of a properly executed agreement. This won't happen as the circumstances you describe mean that one cannot have been signed (by you anyway. If it is signed by someone else then that would be fraud!)

 

2) they won't, in which case you tell them to get lost.

 

If the 'proper' loan was with black horse, I would send them one too for the account with them.

 

If you don't have am account number for the Creation 'loan' then you will need to send a S.A.R - (Subject Access Request) to get the account number they think you have. That will cost £10.