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creation credit agreement


mayday mayday
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Hello CCM,

 

I watched that programme and was totally disgusted with this bunch of animals. How sad are they paying their silly scary games. Oh I'll be the bear. Do they have no shame. And if they are solicitors, do they not realise they have to comply with laws.

 

I would really like to wipe that smile off the big bear:mad: maybe change my name to a tiny killer virus, and go after them:mad: you don't have to be big, to get a devastating result:grin:.

 

Interestingly ALL "solicitors" are deemed to be "officers of the court" and as such have to be the epitome of perfection, and completely trustworthy in all respects, as i understand it LOL:rolleyes:

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 4 weeks later...

Hi all

 

Last October we found this site because we desperately needed help. Citibank had sold a credit card debt of nearly 8k to Hillesden who were going to get a charging order on our property. After help on this site we cca them, they then sent us a letter every month stating the account was on hold. Two weeks ago we received a letter stating they did not have the cca so was unenforcable and with a postal order for £1.00! However we now have a problem with creation finance I sent a request for a cca and we received a letter back saying due to a system anomaly this could not be retrieved, however greenhalghs have issued a ccj against me, I have defended this but have received an allocation questionnaire, how do I fill this in, please help?

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Is this claim to do with this thread? http://www.consumeractiongroup.co.uk/forum/legal-issues/169804-help-creation-financial-please.html

 

If so you really need to stick to one thread per account as it makes it very difficult to give advice without first having seen what has previously been done.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Can someone else sign the allocation questionnaire on your behalf?

 

Thanks

 

I don't know the definitive answer, but I cannot see a reason why someone couldn't sign it pp ((per procurationem), see Procuration - Wikipedia, the free encyclopedia

 

But you would be better 'phoning the Court Manager to see if it acceptable.

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Threads merged, mayday mayday, as Rory suggested, please stick to the one thread on this case.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Under CPR 31.14 the Claimant has to produce within 7 days any documents mentioned in the Particulars of claim but not served with the claim form itself. Failure to do so can lead to a succesful application to strike out or for summary judgment. In this case they probably will have a default notice but is it valid?? They have admitted they do not have an agreement so really its game shot & match...........

 

However if you don't file even a basic defence they will be able to reissue should the happen to "find" the agreement. If a basic defence has been filed then they will have to make application to the court to be allowed to reissue and it is unlikely to be granted

 

Can I just ask if the CCA was not attached to the POC but I do have a default notice sent from Creation is it worth would it be worth asking for a copy of the CCA.

 

Sorry to step into someone else's thread it is just a quick question.

 

Hammyhound

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  • 5 months later...

Hi, I really hope that someone out there can help us!

 

About 10 months ago I requested a cca from Creation Financial and received a letter back from them stating that due to a system anomaly it could not be retrieved and enclosing a blank agreement form with absolutely no details whatsoever. Shortly after this I received a letter from Greenhalghs solicitors stating that they were going to take court action which they proceeded to do so in December last year. My defence had to be in court by 21/1/09 which I did. A couple of weeks later I had a letter from the court stating that it had been struck out as they had not filed their papers in time. I have now had a letter from the court that they have asked for the case to be reinstated and a hearing will take place on the 29th June. They have said it was due to a computer glitch that the papers were filed at the wrong court. I sent them a letter in December requesting the cca again and other information in relation to this account and they replied approx two weeks later saying it would take a few weeks to get this info together, and I have had no correspondence from them since that time. What do I do now? I really do not want to go to court. Please can someone help?

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My defence had to be in court by 21/1/09 which I did.

 

I have now had a letter from the court that they have asked for the case to be reinstated and a hearing will take place on the 29th June.

 

Hi mayday,

 

First of all - don't panic

 

It would help if you could post what it says in the original particulars of claim from Creation, your defence and then this latest letter from the court (leaving out any identifying information).

 

That way we will be able to give you some advice. It's a bit difficult trying to give any advice if we don't know exactly what's happened already.

 

Regards

 

nicklea

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  • 2 years later...

Hi I hope someone may be able to help.

About two years ago Creation Financial tried to take me court over a storecard debt of approximately 4500.00 which I defended

due to the fact I had previously asked for a copy of the credit agreement and received a letter back stating they no longer had this documentation.

 

They did not file their information in time and the case was struck out.

 

About 6 months later they applied to re-instate the claim which I again replied to however they did not turn up at court and it was again struck out.

 

In the past few weeks I have had two letters from Drydens stating they are reinstating the claim

and the last one asking me to contact them within 7 days to reach an agreement and the amount is now over 5000.00.

 

Where do I go from here?

 

I thought that the matter would be closed,

 

is there a way to get this stopped permanently?

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i have merged the three threads over the history of this debt

for advise history.

 

i think they are just trying in on!!

 

time to ignore them?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would think a Judge would take a pretty dim view of their attitude. I dont think they will be able to reinstate the claim, they would have to issue a new one and I dont think they can if this is on the same facts as before. :)

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