Leilani v creation ***WON***

[leilani]

I am trying to claim the charges back on my account. I had all the statements and wrote them a prelim letter along with charges schedule, sent it to them recorded of which they received.

 

They have not acknowledged my letter in writing, continued to write threatening letters, on occassion threatening phone calls as I have a call monitor now on my mobile with a specific message telling them they are harassing me, which has lessened the frequency of calls. Although I did have one message left stating that they had received my letter re charges and to call them...well I don't call anyone or answer any of the calls (just too stressful).

 

Here is the letter:

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER:

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that in respect to Account:you have taken £140 plus £26.33 which I hereby claim as interest in restitution based upon the case of Sepra Metals, giving a total of Total £166.33

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

Also the original amount was for £20 or so and has spiralled out of control now.

 

So what is my best route of action with these people? I based this letter on my Barclaycard prelim letter and it's been now over the 14 days, should I bother writing to them again with an updated schedule? Or should I just go straight to filing court action or do I go to FOS for what it's worth by what I understand.

 

Any advice would be greatly appreciated!

[leilani]

Anybody?

[maroondevo52]

Hi,

 

I've never dealt with Creation, best thing to do would be to have a look at other threads on them, there's a few, this will give you some idea of how they work regarding charges.

 

Regards.

 

Scott.

[leilani]

Well this is done and dusted! My first victory!

 

I wrote to them again along with an updated Schedule. My snotty letter obviously scared the pants off them, because within a few days I got every single penny I asked for, including interest...balance cleared and in credit by £70 odd! Just have to now write and get that credit sent as real monies as this account is getting CLOSED!

[maroondevo52]

Good stuff leilani, well done.

[Sand-Dancer0191]

What is the address of creation as I have been trying to contact them regarding my charges etc. The 2 letters ive sent have been returned as not at this address..

[leilani]

Sorry for the delay.

 

Creation Financial Services Ltd

Chadwick House

Blenheim Court

Solihull B91 2AA

 

Good luck!

 

They ignore mail so you have to be persistent. I may have got my charges back but not in cash form...sent them a letter over 10 days ago asking them to close my account and refund me the balance...Nada

 

Time to get nasty with them me thinks!

[dx100uk]

i've taken the won off the title of the thread till you actually get it!!

 

keep us posted

 

dx

siteteam

[nextcall]

That's brilliant. What exactly did you you have to do? I have paid £100 a month for nearly two years (on an £1000 limit account) and notified them when I changed addresses and heard nothing. I have now had a letter from IQOR (?) demanding £1376.

[leilani]

Almost there! (no cheque in paws yet) after 2 letters, last threatening them with FOS (not that it probably applies but it worked) I have had a letter back acknowledging my request for monies to be returned (7-10) from 5th November 2010 and the account closed however they refuse to clear credit history as they say it's a true reflection of how the account was run... Should I just collect my money and be done with it? I have lots more fish to fry and I guess my credit history is shot to pieces anyway with BC and Barclays...

 

@Next Call in my communications with these people it has always taken two letters to get a response, it's like the ignore the first one and then take their time over their response to answer the next one...wish you good luck with your case!

[rebel11]

Hi lei

 

Well Done, hopefully more victories on the way.

 

You could send a letter stating that it's not a true reflection of how the account has been run, it's been effected to a large extent by the Penalty Charges that have been applied to the account by them which they have just refunded. They don't know the conduct of the account if they hadn't built up charges plus interest.

It's a cost of a stamp worth a go.

[leilani]

Good point rebel, I will do that when I have a mo!

[leilani]

Finally! I got the cheque

[maroondevo52]

Good stuff, leilani.

 

Well done

 

I'll stick the ***WON*** back on.