Creation Consumer Finance claimform - old Fridge loan - struck out - they tried again - **WON+COSTS TWICE**

[intree]

Dear all,

 

The history to this one is that we 2 years ago we bought a fridge, on buy now pay later, forgot to pay on time, then had to enter the agreement on to a DMP through the CCCS, paying 24 per month.

 

In August 2008, After looking on this website I sent Consumer Finance a S.A.R, they did not respond, insdtead on the 02 September they stated the loan was passed on to Greenhauls.

 

Sent Greenhauls all the information on CCCS, they today have sent a Court Application and added costs Please see attached.

 

No S.A.R has been received, another letter of account in dispute was posted to Creation in Belfast on 06 October 2008, no response at all, Please can anyone help me as I have only 14 days to file a defence and get this sorted out, CCCS are continuing to make the repayments at the agreed rate and this has been ignored.

 

Any help appreciated very much

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cc.pdf 2.pdf

CCF1.pdf

Edited October 15, 2008 by intree

[lookinforinfo]

Intree, what you appear to have sent them is a CCA request rather than an sar. Did you include the £1 payment and send the letters by recorded delivery?

 

I would be surprised if they cannot produce the agreement form as it is a pretty recent transaction. And when [if] they do, the debt becomes no longer unenforceable.

 

In the meantime however, they are not allowed to pursue you for the debt-which includes court action, nor can they add interest to the debt or issue any default.

[intree]

SORRY yes

 

It was a CCA request I enclosed £1.00 cheque but they have not acknowledged at all or cashed cheque, I did not send it recorded as this was way back in August before they took court action.

 

Thier solicitors Greenhalghs are pursuing the matter through court, I have sent the acknowledgement of service to the Court, A CPR request to the solicitors and also all the copies of the requests which were sent to the CCF offices in Belfast, today.

 

I posted the letter of Account in dispute on 02 October 2008, I also asked the solicitor to contact CCCS to make an arrangement or discuss this, they have not done this and instead issue proceedings.

 

I am now awaiting the CPR also will await a response to the Account in dispute letter and was just writing to ask what my next step after this would be, I could write to the solicitor to offer increased payments, were giving them 24 per month could increase this by 10.00 to see what they say, but I have no faith in them at all.

 

Hope this info can be of assistance for a response.

 

Thanks

[intree]

Hi

 

Please can anyone advise, I took this loan out in 2006 with Open and direct finance and they are named on the agreement. However the debt is now chased by Consumer Credit Finance in belfast with the same address, I was paying through CCCS and they have rejected this through solicitors, who are taking court action.

 

Can they do this, as I have never signed a agreement with CCF only Open and Direct, In have sent S.A.R AND CCA requests on 15 August 2008, they did not respond, they defaulted on 01/09/08 and on 25/09/08 they appoint their solicitor. Is this allowd when a account is in dispute?

 

Please advise

[intree]

Hi

 

Please can anyone advise, I took this loan out in 2006 with Open and direct finance and they are named on the agreement. However the debt is now chased by Consumer Credit Finance in belfast with the same address, I was paying through CCCS and they have rejected this through solicitors, who are taking court action.

 

Can they do this, as I have never signed a agreement with CCF only Open and Direct, In have sent S.A.R AND CCA requests on 15 August 2008, they did not respond, they defaulted on 01/09/08 and on 25/09/08 they appoint their solicitor. Is this allowd when a account is in dispute?

 

Please advise

[popeye1]

Have you received a court claim,can you post it without personal detalis,

[intree]

HI here is the claim form - I have sent the service form back stating I will defend, also sent the Court the arrangement and payments made through CCCS to this Company.

 

No papers were with the court order just the order and the blue forms so the POC were not supported by any documents, A CPR 18 has been submitted today.CCF1.pdf

 

cc.pdf 2.pdf

 

the solicitors are very arrogant and oppressive - just look at their website - they are called greenhalghs from wigan - a nasty bunch

[popeye1]

Yes i Know them too ,as you say ,they are,,,

[popeye1]

Up in morning will get back tomo,someone better will be along to advise you anyway.Good luck. will be watching

[blue4ever]

Sorry don`t know the answer to your question but this will bump the tread

Cheers B4E

 

 

NEVER TALK TO A ---D.C.A ON THE TELE[PHONE UNLESS YOU`RE DMD

GET EVERYTHING IN WRITING

 

 

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

Any Advice given by me is based on solely on my experiance or opnion. I have no Legal background.

If i have helped in any way please feel free to click my scales

Thank You blue4ever:grin:

[intree]

Please can anyone give some advice...on this matter..

 

Thanks

[blue4ever]

Sorry don`t know the answer to your question but this will bump the tread

Cheers B4E

 

 

NEVER TALK TO A ---D.C.A ON THE TELE[PHONE UNLESS YOU`RE DMD

GET EVERYTHING IN WRITING

 

 

ConsumerWiki - A-Z Index

PLEASE DONATE TO CAG,EVERY LITTLE HELPS

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

Any Advice given by me is based on solely on my experiance or opnion. I have no Legal background.

If i have helped in any way please feel free to click my scales

Thank You blue4ever:grin:

BUMP

[havinastella]

You say that they have passed you to a Solicitor, have Court papers been issued or is it the 'Solicitor' that sits next door to the 'Pre court' division!

[intree]

Hi the solicitors are acting for the finance company, and appointed by them, and court papers have arrived 2 days ago, I have sent back the acknowledgement of service stating I will defend, together with a letter confirming that the matter was being dealt with by the CCCS and they have ignored this fact, and just issued court proceedings.................surely this can not happen, also the original contract was with open+direct, but I am being taken to court by Consumer creation finance??

 

Not really sure what they are doing to be honest.

[popeye1]

Hi have you got the DN

[popeye1]

Keep all your letters to and from claiment,any offer you make to the claiment is good in the eyes of the judge as you are making effort,allthe best

[popeye1]

Whats name of claiment on the court papers

[intree]

Creation consumer finance ltd

 

 

I am not sure if they can do this as I have never received a letter that they have changed their name?

[intree]

nope never received any default notice from them - just passed to a solicitor

[popeye1]

Well they state they sent a DN so they owe you a copy of it,very much needed.

When in dispute they should not take any action

[intree]

UPDATE:

 

We sent in a partial defence with the allocation questiopnaire indicating that the solicitors had taken court action and they had received payments from us, outlining to the court that this was against the overiding objective and not correct as we were making payments.

 

Today received a allocation questionaire and the claimant is advised that they ahve to pay £35 costs in order to file their allocation papers.......dont know if we have to do the same as regards fees?

 

We have no documents and nothing was ever received to indicate a default on the account, we have requested documents under CPR 18, last week and have informed the court of this, since then we have heard nothing from the solicitors.

 

What do we do now and when will a defence (full one) need to go in as we have nothing back from the solicitors - i.e - Default notice, Agreement, Notices or requests that they deal with CCCS dierct have also been ignored although we have copies of the CCCS letters.

 

We have to file the allocation questionaire by 30/10

 

Thanks for your help

[intree]

This is the defence sent to the court and the solicitor with the AOS form, as above

 

 

 

I can confirm today that Consumer Credit Counselling Services have confirmed that your details are listed on their repayment schedules at monthly of , all payments have been made to date and there are no arrears in the agreement with them, accordingly there seems to be serious errors of judgement in your issuing of Court proceedings.

 

 

The actions you have taken to date only serve to harass and humiliate me, especially as I have been using a alternative dispute resolution to resolve this matter. Moreover you have been receiving payments and I have not received any default notice from Creation Consumer Finance, or the agreements and documents which were requested in August 2008, accordingly this account is in dispute and has been since 01 September 2008 with your client, Please refer to fax sent to you yesterday dated 02 October 2008

 

 

Any charges you have incurred as a result of your actions will now be resisted and these documents will be sent to the court, as a firm confirmation of your failure to adhere to the pre action protocols, before applying for costs which were not necessary and increase the balance unduly, causing hardship and undue distress, especially when a agreement (please refer to attached 3 pages) is in place with you. This is clearly against the overriding objective of the Court.

 

 

It is also important to point out that your objective appears to have been to cause distress,harassment and Injury to feelings, this is contrary to the FSA guidelines and you will be reported to them in due course.

 

 

I await the information as detailed under the CPR 18 procedure sent by fax to you yesterday. We need the documentation without delay in order to prepare a full defence in this matter, within 14 days.

 

 

 

 

I would be grateful for a full written explanation from you within 7 Days so as to allow further clarification on your actions to date, together with details of your and your clients complaints procedure.

 

 

I would also ask that any charges applied to the account be listed and a breakdown of all charges supplied in addition to all documents requested under CPR 18 procedures.

 

 

Yours faithfully

Edited October 28, 2008 by intree
removing for identity reasons

[sapphire20]

Hi Intree,

 

Can't offer you any help i'm afraid, am pretty new to all this myself. But just wanted to say I am also dealing with Creation Financial and Greenhalghs. As you say they are very arrogant and dismissive.

 

They did the same with me, very quick court claim and a CCJ issued almost before I could blink. I am currently trying to get the CCJ set aside as I didn't return my AoS in time (had lots of personal stuff going on and was very unwell) so the CCJ got issued in default.

 

Hopefully the court will take this into account and coupled with the fact they have no enforceable CCE, I have a good defence. Which sounds very much like you on the CCA front.

 

So good luck with it all and I hope you manage to show them the door!!

 

Regards

Sapphy x

[intree]

Hi Sapphire

 

Thanks for your kind support, they really are the worst people I have come across in my DMP which has been running for over a year now, all others are ok and have accepted reduced payments and these clowns - are just a joke.

 

I am expecting to get someones assistance with my queries above as I juts dont know which way to proceed with my further defence.

 

hope someone can be of assistance soon.

[popeye1]

The defence letter looks good, others will have more advice to add and aid, good luck