Creation Finance, Help!!

[helpmepls]

HI

 

I bought some sofas from Land of Leather on 16/4/06 and signed a pay in one year agreement.

 

I sent a cheque in full for the purchase amount of the sofas prior to 16/04/07 but this did not arrive at Creations offices (lost in the post)

 

Another cheque for the full purchase amount was then sent out which did arrive but was a few days after the agreement date (16/4/07), I contacted Creation at the time and I was told over the phone that this would not cause a problem.

 

Today I have recieved a call from Creation over a year after they received and banked my payment in full saying that my account is in arrears and that I owe them monies, they insisted that they sent me a letter telling me my account was in arrears. I have had no communication from them since my phone call to them in April 2007.

 

They also stated on the phone that they would be sending me a letter for payment within the next 7 days and that payment in full is required otherwise the matter will run the course of debt collection procedures.

 

Where do I stand an what do I do next?

 

Please help!!

[steven4064]

I would write back to creation customer services and tell them what you have put in the post above and ask them to sort it out. Ask them for a copy of their complaints procedure too.

 

If you don't get a positive response in about 10 days send a S.A.R - (Subject Access Request) - see bank templates library (with £10 PO), particularly asking for records of all correspondenece and phone calls (hopefully the call you made a year ago will be on the system). Remind them that they have 40 days to comply by law.

 

If they send the letter for payment, send them a request for "a copy of the executed agreement for the account under s77(1) of the Consumer Credit Act 1974" (with £1 PO) to prove the have the right to collect. Remind them they have 12 days to comply by law.

 

These 2 requests should provide the inforation you need to fight them if customer sewrvices don't resolve it (there is a chance they might - at least you need to give them that chance)

Edited July 2, 2008 by steven4064

[Guest Old_andrew2018]

I would wait for this letter then come back to the forum, do not telephone them or get into a conversation if they call you, just remind them that you will only deal in writing.

 

Andy

[steven4064]

What Andy says about telephoning (or speaking to them on the phone)