Creation/Irwin 1a small claim Summons old BOS then GE Money Joint Loan *WON*

[24233513afw]

Good morning busby

Wow!!! thas what I call fast you have no idea how much I envy people who can write letters like this so quickly (this would have taken me days to comply). I am so glad your on our side and not Debt Collectors side.

I have tried to adapt it, busby any chance you could have a read over and let me have your comments or anyones comment for that matter all feel free to participate, the more the merrier.

In response to your letter dated 12th May 2009.

It is with great disappointment that I read that it is your decision to disregard the information I have provided to you regarding the above account.

I once again re-iterate that I have not had the benefit of receiving a “true signed copy” of the executed CCA regulated agreement, one that neither bears my signature nor indeed any signature. Therefore it does not meet the requirements laid down by the Act, and recommend that you do more than blindly accept the erroneous assertion from Creation Financial Services

Due to Creation Financial Services non-compliance, the debt is still disputed, and should you continue to attempt to harass me, I shall have no hesitation advising the Regulator of your unwillingness to adhere to industry guidelines

I would seriously advise before you attempt to continue your involvement in this matter, I urge you that you may wish to seek that verifiable proof of such an agreement physically exists, as I have been singularly unsuccessful in obtaining this.

 

In the absence of such proof, you should be advised that the account will remain in dispute until the relevant documents are provided, all communications will cease with you until the relevant documentation is provided. Failing this it will leave me no opportunity but to make a formal complaint of harassment against your company.

Yours sincerely

[buzby]

Try this:

 

Further to your letter dated 12th May 2009, A/c reference: XXXXXX

I am afraid I cannot accept your decision your decision to disregard the information I provided to you regarding the non-compliance of your client to provide a 'true copy' of the CCA agreement pertaining to the above account.

I must re-iterate that I have not had the benefit of receiving a “true signed copy” of the executed CCA regulated agreement, one that neither bears my signature nor indeed any signature. Therefore, it does not meet the requirements laid down by the Act, I would respectfully suggest that you do more than blindly accept the erroneous assertion from Creation Financial Services

Due to CFS's ongoing non-compliance, the debt remains disputed, and should you continue to attempt to harass me, I shall have no hesitation advising the Regulator of your unwillingness to adhere to industry guidelines.

I would suggest that before you attempt to continue your involvement in this matter, you may also wish to seek that verifiable proof of such an agreement physically exists, as I have been singularly unsuccessful in obtaining this.

In the absence of such proof, you should be advised that the account will remain in dispute until the relevant documents are provided. Additionally, I call upon you to cease pursuing me in this matter until the relevant documentation is provided. Failing this, it will leave me no option but to raise a formal complaint against your company with the relevant authorities.

Yours sincerely,

[24233513afw]

Bloddy Hell Busby...... that as fast work do you sit on your perch alnight composing letters or is it just a natural talent.

Many Many thanks for your help I shall get this letter away to them (WMC)today and await their reply with great anticipation - will let you all know what out come is.

THis is a letter Busby composed in minutes of me posting my reply:

Further to your letter dated 12th May 2009, A/c reference: XXXXXX

 

I am afraid I cannot accept your decision your decision to disregard the information I provided to you regarding the non-compliance of your client to provide a 'true copy' of the CCA agreement pertaining to the above account.

 

I must re-iterate that I have not had the benefit of receiving a “true signed copy” of the executed CCA regulated agreement, one that neither bears my signature nor indeed any signature. Therefore, it does not meet the requirements laid down by the Act, I would respectfully suggest that you do more than blindly accept the erroneous assertion from Creation Financial Services

 

Due to CFS's ongoing non-compliance, the debt remains disputed, and should you continue to attempt to harass me, I shall have no hesitation advising the Regulator of your unwillingness to adhere to industry guidelines.

 

I would suggest that before you attempt to continue your involvement in this matter, you may also wish to seek that verifiable proof of such an agreement physically exists, as I have been singularly unsuccessful in obtaining this.

 

In the absence of such proof, you should be advised that the account will remain in dispute until the relevant documents are provided. Additionally, I call upon you to cease pursuing me in this matter until the relevant documentation is provided. Failing this, it will leave me no option but to raise a formal complaint against your company with the relevant authorities.

 

Yours sincerely,

[24233513afw]

Sorry busby can't tip your scales - its telling me to spread my tipping around, so here's a few wee smileys for you.:)

[citizenB]

Sorry busby can't tip your scales - its telling me to spread my tipping around, so here's a few wee smileys for you.:)

 

Scales duly tipped on your behalf

[24233513afw]

Cheers for that citzenB much obliged to you..

[24233513afw]

Hi again... just received post with two CCA from Aktiv Kapital I shall open two new threads one for each would i open both threads in DeDealing with Debt in Scotland or elsewhere on the forum. I would be grateful for your expert opinions on them. cheers

[24233513afw]

Have received the following CCA from Aktiv Kapital regarding my Store account your thoughts/opinions were on i. Hopefuly I will manage to post this CCA up on to the forum as I am not very computer literate but I shall try. Any comments welcome.

 

CCA Picture

[citizenB]

Hi again... just received post with two CCA from Aktiv Kapital I shall open two new threads one for each would i open both threads in DeDealing with Debt in Scotland or elsewhere on the forum. I would be grateful for your expert opinions on them. cheers

 

Best keep all your threads in the Scottish forums You could put links on here as well so that anyone looking in on this thread can link over and advise.

[24233513afw]

Ok citzenB many thanks... just one problem how do i put a link on (i know not very computer literate but hopefully getting there with all your expert teaching.

[citizenB]

Ok citzenB many thanks... just one problem how do i put a link on (i know not very computer literate but hopefully getting there with all your expert teaching.

 

I wont admit to some of my earlier blunders in linking:oops:

 

However, once you have started your new thread. Scroll up to the address bar at the top of the screen. Highlight and right click on the http address. Click copy on the drop down menu that you will get. Then hot foot it back to here and right click and paste in a new reply box.

 

If you have any problems, just yell

[24233513afw]

Please use this link below to view my CCA Agreement that I received from Aktiv Kapital. Any comments welcomed

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/200090-received-cca-aktiv-kap.html

[24233513afw]

I did it, I did it...I managed to connect a link with the kind help of citzenB

I do have another CCA that I shall get it put onto forum tonight.

[buzby]

It worked! Looks fine as far as it goes - apart from the date! I'm assuming it has been signed by the applicant?

[IdaInFife]

With Mr B on this one,

 

ida x

[24233513afw]

Thanks busby and Idainfife....so you both are saying that this application is enforceable...I did think the date looked sus, at first we thought it was 22-6-09 but I think it is meant to be 22-6-00 when the account was opened and yes it does have my signature on it.

Suppose I need to contact them and make arrangement for payments hopefully they will accept a very small payment as unfortunately at present there is no extra funds in our house.

[IdaInFife]

incase you need them: letter b

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

i would also include and i and e sheet and include you first payment. that way just keep to your proposed payments whether they agree or not as there's not much they could do if they don't

 

ida x

[24233513afw]

Hi Ida many thanks for the pointer..

 

I have been paying this debt to Aktiv Kapital but had to miss my payment this month....didn't have enough to go round

 

I will send them this letter tomorrow with a token payment and eat humble pie and see what thier reaction is.

 

Now they know they have the ball at their feet I suppose they shall start laying down the terms.

 

I do notice on this agreement there should have been two pages back to back do you think it would be worth asking them to produce the terms and conditions in full or is that just clutching at straws....

 

many thanks for your help on this matter

 

I do have another CCA to put up but need help to that and my hubby is not a well man so need to wait until daughter comes in.

 

But again its from GE Capital/Store Card so I would assume it shall be enforceable also. cheers for now

[24233513afw]

Received this CCA yesterday couldn't get onto forum last night for your expert advice, could someone please take a look and tell me if they think it is enforceable knowing my luck --it will be.

 

Copy of CCA

[IdaInFife]

looks ok

 

Ida x

[24233513afw]

Hi everyone I sent this letter (that Ida helped me comply)in reply to creation finance sending me a Blank CCA with terms and condition dated 2004 (I took this account out 2002)Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

Today 21st May 2009 I received this letter in reply any ideas what I should do now. (Its getting very scary these peolpe have a way with words that can frighten the hell out of people,

Any comments or suggestions are welcome.

 

Page 1 Letter from creations

 

Page 2 Letter from creations

[citizenB]

I did it, I did it...I managed to connect a link with the kind help of citzenB

I do have another CCA that I shall get it put onto forum tonight.

 

Excellent. I see someone has been advising you on the other thread.

 

Hi

Me back again....sent creation finance a questional agreement letter 24th April recieved reply today(29th April) very quick didn't expect that!! here goes..... I can't post their reply as scanner not working trying so hard to get this fixed. Their letter said that

 

"So that you fully understand the Consumer Credit Act 1974 the regulator deem the enclosed document to be a true copy of the credit agreement entered into by you., so consequently a proper response. If you have any queries about this you can take independent advice from local CA, TSDept. or contact consumer direct.

 

We have no legal obligation to supply a copy of the original agreement. Under the Act a true copy suffices.

 

We acknowledge that whilst we failed to supply a copy of the original agreement we were not entitled to enforce the agreement as set out under section 78 of the act. We have not sought to enforce the agreement, however, interest continues to run and the debt continues to be payable. There is no provision in the act for the debt to be written off and you would still owe us the money claimed.

 

Section 78 requires us to provide within 12 working days a "true copy" of the customers agreement (which is the whole agreement without any indentifying items such as date address and signature) together with a staement signed by us or on behalf showing according to the information to which it is practicable for us to refer:

 

(a) the state of the account

 

(b) the amount, if any, currently payable under the agreement by the customer to us, and

 

© the amounts and the due dates of any payments which, if the customer does not draw further on the account, will later become payable under the agreement by them to us.

 

Should you require any further information please respond in writting to the Data Protection Dept at the address on the top of the letter".

 

ALSO INCLUDED WAS ANOTHER BLANK CONSUMER CREDIT AGREEMENT 1974 PHOTOCOPY.

 

On the terms and Agreements photocopy there is statement which says :

 

Card Protection Plan is a registered trademark of Card Protection Plan ltd. CPP is a registered trademark of CPP group plc reg. 2004.

 

This confuses me as I took this store card out approximatel 2000-2001. How can something be dated 2004 in 2000-2001.

 

Any help would be appreciated REMEMBERING THIS IS IN SCOTLAND AS I BELIEVE SOME LAWS ARE DIFFERENT - HAVN'T A CLUE WHAT THE DIFFERENCE IS.

 

I have brought this forward so people can see where you are at.

 

Are you able to scan in the blank agreement/application form. Lets see what information if any is on it.

 

Almost certainly the page with the "2004" on it definitely isnt from the time you opened the account so that can be discounted.

[24233513afw]

Many thanks for updating my thread citzenB (not sure yet how to bring things forward.

I have got someone to scan the blank CCA that I received from Creations for me so that you can have a peep at it and see what you think. It is completely different to the original one which was only one page.

THis was all copied on to A5 sheets of paper I have had to cut them down to A4 to scan.

 

Link to Page 1 CCA

Link to Page 2 CCA

Link to Page 2 CCA

Link to Page 4 CCA

 

MAny thanks for all your help and advice it truely appreciated.

[24233513afw]

I had another thread on this forum headed - Help please dont know where to turn - Scotland that I added a CCA to last night however can't seem to find my thread on the thread lists today. Can anybody advise me what has happened or am I just a numpty and can't find it.

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195322-help-dont-know-where.html

 

ida x