Jump to content


  • Tweets

  • Posts

    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. Anyway I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Fixed Sum Loan Agreement


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4705 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi guys,

 

I've seen a few threads regarding this issue.

I have a fixed sum loan agreement with Creation Finance, from my understanding this is an unsecured loan against ME and NOT the car, but they have placed a HPI flag.

I want to trade the car in for another one, no monies involved pretty much a straight swap.

Creation say they WON'T remove the flag but will send a fax to the garage saying they have no financial interest, but I need them to remove it completely.

People have managed it with Black Horse but Creation won't budge, I'm wondering what legal terms I can use to get them to remove as it's against the law, there is no mention of HP or that they will place the flag on my car in my agreement so they have breached their contract as far as I'm concerned.

Everything is set up with the new garage for the new car, have also been told by 3 customer services reps that it just gets 'removed' but the areas department won't do it. Advice please?

Link to post
Share on other sites

can you post the agreement so that we can see if it is indeed a fixed sum loan

 

If it is then the car is indeed yours to do with as you wish and any hpi marker ought to be removed forthwith

Link to post
Share on other sites

Agreement says fixed lump sum at the top.

Nothing in the terms regarding the flag but they will not budge on it saying it won't be removed until its paid, am I right in saying they have breached contract with unfair actiond?

Link to post
Share on other sites

as them what legal statute they are relying on

 

ask where it states ths in the cca 1974 about a fixed sum agreement and the property not belonging to you as the finance co have registered an interst

Link to post
Share on other sites

Right, have all the relevant numbers ready to call tomorrow to make sure I'm doing everything right, stating the laws mentioned above. I hope to get this sorted on the phone, shall I start by asking them to remove it, if they say no, continue onto all the acts that are in my favour?

Link to post
Share on other sites

Case closed :)

After her constantly telling me they have no financial interest and the the HP flag would NOT be removed, I started quoting the Data Protection Act and that they had used my data without prior consent as it wasn't in the agreement. I also stated I would be proceeding to take a Court Order out for them to remove the marker as there was no legal statue for them to relate too.

She kindly said, 'The HP marker will be removed within 72 hours and I'll send a fax to the garage stating this'

She also questioned my ability to keep up with them payments, I said 'At 20 years of age, I'm not going to default on a payment, making it harder for me to secure credit in the future'

 

A long a drawn out battle.....knew I should have trained to be a lawyer :p Thanks for the help gentlemen! Very kind :)

Link to post
Share on other sites

  • 2 months later...

Hi all

 

We are having the EXACT same problem with Creation but the guy I spoke to in the Accounts Dept will not budge and had a wonderful half hour patronising me before hanging up. Have quoted all the above but am getting nowhere- I am like a dog with a bone and will not let this go. We have been told that they have no interest in the car yet how can we sell it? We found a car to swap (no cash involved) but the dealer won;t touch it while the marker is there. Dealer willing to get logbook and fax Creation stating that he plans to buy the car and requesting they remove the marker before he does this. But Creation say they will NOT remove UNTIL the logbook is in someone elses name as then they would be breaking the law if they didn't??!?!?! Am sure this is wrong on so many levels- who can I speak to hugher up as the 'Accounts Manager' I spoke to has got to be one of the vilest human beings I have ever spoken to in a call centre. I will not let this go, but in the meantime the car we have spent weeks finding will probably be sold!!!

 

 

Help!

Link to post
Share on other sites

Nope, nothing- and Creation themselves say we are free to sell the car but how can we!!!!!! Could we transfer it into my name? Oh this is So annoying- also, OH spoke to OFT and they said it's not against the law and basically we can;t do anything- so how come some people threaten this stuff and get nowhere and others succeed? So annoying!

Link to post
Share on other sites

Now Creation are saying they won't remove the marker even if the car is transferred into someone elses name (ie me), despite the guy telling us yesterday telling us they would be breaking the law if they left it on. The woman I just sopke to refused to speak to me (despite my OH being in the room and verifying himself), and said that she is telling her supervisor that the guy who spoke to me yesterday broke data protection by discussing anything with me. She refused to believe that they make it difficult to sell the car and blamed the garages we have been to for not accepting a fax instead of removal of the marker? We don;t live at the same address or have the same name.... the very rude woman hung up yet again after a clam phonecall? Can safely say they are the rudest people I have ever spoke to!

Link to post
Share on other sites

so glad i found this!

 

exact same issue exact same company but they WILL NOT budge

 

i have a paid a deposit on a car and the dealer will not touch mine due to the marker :(

 

help please - anybody have a number of someone in a dept high enough to listen.

 

the "account managers" are rude and have told me to clear off basically

Link to post
Share on other sites

send a formal notice to the finance company

explain that the vehicle is yours outright as its a fixed sum loan agreement

 

ask why there is a hpi marker showing an interest in the vehicle by the finance company and why they will not remove it

 

ask them under what STATUTE LEGISLATION they are relying on to include the marker with the hpi register

 

give them 14 days to respond or you will consider it contrary to The Consumer Protection From Unfair Trading Regulations 2008

 

AND WILL ESCALATE THE MATTER TO THE OFFICE OF FAIR TRADING TO CONSIDER YOUR FITNESS TO HOLD A CONSUMER CREDIT LICENSE

 

ask also contrary to the data protection act 1998

 

why have they transmitted your data to hpi (which is owned by experian the credit agency)

 

without your express consent and to tell you where they are authorized to to this in the t&c

 

(that's only to the hpi register being a fixed sum loan agreement)

 

SEND RECORDED DELIVERY

Edited by postggj
Link to post
Share on other sites

there is a letter now in the post with words to that effect recorded delivery

 

i have also emailed stephen hunt who appears to be the companys CEO - along with all email addresses i can find for the company.

 

i do hope this has a speedy resolution :(

Link to post
Share on other sites

there is a letter now in the post with words to that effect recorded delivery

 

i have also emailed stephen hunt who appears to be the companys CEO - along with all email addresses i can find for the company.

 

i do hope this has a speedy resolution :(

 

 

Hi can you PM meor put on here the emails you have found and the names addresses of where to send letter etc please? And let me know if you have any luck?

 

T x

Link to post
Share on other sites

  • 2 weeks later...
there is a letter now in the post with words to that effect recorded delivery

 

i have also emailed stephen hunt who appears to be the companys CEO - along with all email addresses i can find for the company.

 

i do hope this has a speedy resolution :(

 

 

Hi there, we too have just become aware of this issue with creation ( cowboys ) !! exactly the same .. have told us over the phone that they have no interest in our vehicle at all yet a hpi flag is showing up on our car ! i am about to start proceedings tommorow starting with a phone call though tbh i dont hold much hope seeing as no one there seems to know what theyre talking about ! Any chance you could possibly post email addresses that you have got for them as no doubt i will be going down this route i have limited paperwork for this company due to the fact that they dont send you much ! just want to get rid of them asap

many thanks

Link to post
Share on other sites

there is a letter now in the post with words to that effect recorded delivery

 

i have also emailed stephen hunt who appears to be the companys CEO - along with all email addresses i can find for the company.

 

i do hope this has a speedy resolution :(

 

 

To danny133

 

Thanks for the advice, i have just phoned creation and put on my poshest voice ever lol !! read the rights act to them and qouted all of the advice above they have agreed to remove the marker and it will be off in 72 hours :whoo:..... obviously i will get this checked as soon as the 72 hours are up ! if not il have to send letters etc but at the moment all is good,

so glad i found this forum and GOOD LUCK to everyone else trying out there i wish you well x x x

Link to post
Share on other sites

Now Creation are saying they won't remove the marker even if the car is transferred into someone elses name (ie me), despite the guy telling us yesterday telling us they would be breaking the law if they left it on. The woman I just sopke to refused to speak to me (despite my OH being in the room and verifying himself), and said that she is telling her supervisor that the guy who spoke to me yesterday broke data protection by discussing anything with me. She refused to believe that they make it difficult to sell the car and blamed the garages we have been to for not accepting a fax instead of removal of the marker? We don;t live at the same address or have the same name.... the very rude woman hung up yet again after a clam phonecall? Can safely say they are the rudest people I have ever spoke to!

 

hi thanks for the message you sent me, i started with a phone call and quickly pushed the data protection act on them along with the legislation of the cca 1974 !! ( they get scared when they hear words to this effect ! ) and bingo they have agreed to remove the hpi flag within 72 hours !! thanks for the advice it was much appreciated and im so glad i found this forum x

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...