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Creation Consumer Finance - Very late registered defaults - help needed!

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Creation Consumer Finance have registered two defaults, on in late 2009 the other late in 2010.

These are for debts that I havent paid since 2005 and will very shortly SB'd!! furthermore ive been living at my new address since 2006 and it appears the DN have been sent to the address I lived at in 2005!

 

so in short, theyve registered two very late defaults sent the DN to a previous address.

 

Is there anything I can do?

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you can only have one dn but lots of markers

 

this sounds weird.

 

dx


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As far as I'm aware, they have to register defaults within a reasonable amount of time - I believe 6 months?. Over five years doesn't count as reasonable so you may be able to challenge them on this basis.

 

I'm sure somebody more knowledgable will be along to help you soon.


"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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two debts with 2 DN, why would they wait so long?

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two debts with 2 DN, why would they wait so long?

 

Is anyone able to assist with a course of action to take on this ?

 

Thanks

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actually re-reading this

 

it should not matter

 

surely they are very near SB

so the whole lot will go

 

 

dx


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DX is right it cannot make any difference, wait

for them to drop off.


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If you challenge the defaults then you are acknowledging the debts and starting the SB clock all over again. As said already, after 6 years plus (usually one month but it depends on the T&Cs of the accounts) they will be SB'd and drop off. So I would ignore.


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i'm confused now .

 

will the default fall off the register even thou it may have only been on there say 3 years. so long as the debt is s/b


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ok lets explain

[though you could yourself goto the FAQ's on the experian website........]

 

if you do not ack a debt by signing a letter saying this debt is mine or making a financial transaction YOURSELF

 

the account on the CRA will vanish on the 6th birthday of the last criteria above

 

it will matter not how many defaults/markers/DN or whatever anyone else puts on

the clock start is as mentioned

 

THEY cannot reset it, only YOU.

 

the one time whereby it COULD be reset is if they successfully get a CCJ.

 

dx


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ok lets explain

[though you could yourself goto the FAQ's on the experian website........]

 

if you do not ack a debt by signing a letter saying this debt is mine or making a financial transaction YOURSELF

 

the account on the CRA will vanish on the 6th birthday of the last criteria above

 

it will matter not how many defaults/markers/DN or whatever anyone else puts on

the clock start is as mentioned

 

THEY cannot reset it, only YOU.

 

the one time whereby it COULD be reset is if they successfully get a CCJ.

 

dx

 

 

Yes but the point is the defaults will remain on my cr until 2015 and 2016 which will impact the ability for me to restart my life! Think I should challenge them as I do not have to ack any debt owed the onus is on them to prove it exists and at that point they'll be sb anyway?v what you reckon?

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Unless the defaults are defective in some way,

that makes them unfair they will remain on your

files.

You will have to ask Creation if they will remove

them, the CRA cannot amend or remove entries

unilaterally.

If the debts were not defaulted earlier, then

there is nothing to stop then defaulting at any time.

Are you sure this is actually not an update on the file

of the original default, eg., defaulted 2005/6 files

up dated 2010 with the original default date showing.?


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Yes but the point is the defaults will remain on my cr until 2015 and 2016 which will impact the ability for me to restart my life! Think I should challenge them as I do not have to ack any debt owed the onus is on them to prove it exists and at that point they'll be sb anyway?v what you reckon?

 

not if the ac is not active...........

 

lets say this:

 

if you last used the a/c on 1/1/2000

 

and defaults were registered in the following years

 

as long as you did not use the a/c nor write a letter saying its mine

 

come 1/1/2006, the a/c will vanish along with all each markers

 

get it now....

 

dx


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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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I have exactly the same issue as this. Creation put a default on the account many years after i last had contact with them , 2010 and my last contact with them was 2005...now thats the first default that has been registered on the account and it messes me up for YEARS to come now..did you find how if you could resolve this , surely they should have defaulted sooner?

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I have checked CRF and found too late defaults by Creation Consumer Finance.

1 in 2009 and the other in 2010, both for debts in 2005.

I believe Westcott had one of these at some point but since I have moved from Feb this year I cannot locate any of the paperwork!

 

I believe Creation would have sent any DN to an address that I resided at in 2005.

However I moved in 2006 to another address and moved out in Feb this year. During my period of residence I received plenty of demanding letters from other DCA's but none whatsoever from Creation and certainly no DN.

 

The debts are now statute barred and im in the process of trying to restart my life after a horrid 8 year marriage which has virtually financially ruined me however the lateness of these DN means that they will be on my file until 2015 and 2016 respectively which will cripple any application for a mortgage of further credit.

 

Ideally, I want to have these removed, but aware that this may not be possible, is there anything that I can do to at least try to get them removed as I feel Creations tactics are ones not worthy of 'fairness'.

 

Appreciate any suggestions here.

 

Thanks and all the best.

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Suggest a Subject Access Request to Creation to find out what has been going on.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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not if the ac is not active...........

 

lets say this:

 

if you last used the a/c on 1/1/2000

 

and defaults were registered in the following years

 

as long as you did not use the a/c nor write a letter saying its mine

 

come 1/1/2006, the a/c will vanish along with all each markers

 

get it now....

 

dx

 

OK, that is only true surely if the creditor defaults the a/c immediately since a default, regardless of its registered date, remains on your file for six year. Im my case, i stopped paying a debt in 2005, they defaulted the account in 2010, default will fall off my CRF in 2016? Is that right?

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I have exactly the same issue as this. Creation put a default on the account many years after i last had contact with them , 2010 and my last contact with them was 2005...now thats the first default that has been registered on the account and it messes me up for YEARS to come now..did you find how if you could resolve this , surely they should have defaulted sooner?

 

hi mate,

 

Sure I read somewhere as a guideline a default should issued wthin 6 months of the debitor not adhereing to the T&C's. Creation have waited 4 and 5 years respectively, to me that aint fair! I may write to Creation and insist default removed based on DN not being received - the debt is SB'd anyway so theres nothing they can do. I'll need to find the guidelines regarding this.

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The above post is correct you may

challenge the default as unfair

gudance states tha a default should

be paced in a timely manner after

the cause of action, the problem is

the word should, not must here this

period of time inthis case is imho extreme.

Write a formal complaint to the companies

COMPLIANCE MANAGER COPY TO THE CRAs

reqiuesting the removal of them on the basis

that they are unfair.

Check all the actual dates of the defaults and

what the status of the debt would be now if

defaulted within 6 months of the cause of action.

Brig.


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Check all the actual dates of the defaults and

what the status of the debt would be now if

defaulted within 6 months of the cause of action.

Brig.

 

Thanks for your help.

 

Defaults registered are mid 2010 and mid 2009. Not sure what you mean 'what the status of the debt would be now if defaulted within 6 months of the cause of action'.

I stopped paying these debts August 2005.

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Thanks for your help.

 

Defaults registered are mid 2010 and mid 2009. Not sure what you mean 'what the status of the debt would be now if defaulted within 6 months of the cause of action'.

I stopped paying these debts August 2005.

 

Hi if the defaulted debts were entered on your files within 6 months

of the default actually happening would they now be stat barred or nearly

so, if this is the case then this is very unfair and either the defaults should

be removed or properly dated.

 

Brig.


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Hi if the defaulted debts were entered on your files within 6 months

of the default actually happening would they now be stat barred or nearly

so, if this is the case then this is very unfair and either the defaults should

be removed or properly dated.

 

Brig.

 

Yes, as I stopped paying in August 2005, they would effectively be SB as of August 2011.

 

What would be the best course of action to take?

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OK this is grossly unfair to you and in

my opinion vexatious and borders on

deception as they have done this it seem

to prevent you stating the debt is SB.

So a FORMAL COMPLAINT to the company

filing the default (s) with the CRA .

Be forthright in your approach.

 

eg.

Name address of Company

Ref: xxxxxx

Dear Curr or Madman.

Take note that having checked my credit reference

files I have found that you have entered defaults

against my name these entries are unfair as they

do not reflect the true status of the acoount (s).,

had these defaults been registered in a ''Timel Manner'

as set out in guidance on registering defaults ie within

6 months of the date of the cause of action these entries

would have been removed from my file in August 2011,

I consider that the placing of the late entries can be considered

vexatious in the least.

I therefor require you to remove these entries forthwith.

For you guidance and infoformation these alleged debts are

STATUTE BARRED and I will be making no payment or offer

of payment now or in the future.

Send a screen print of credit file with this, copy to thr CRAs.

Address letter to the COMPLIANCE MANAGER marked confidential

and use recorded delivey, the above is my considered suggestion,

amend to suit.#

Brig.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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OK this is grossly unfair to you and in

my opinion vexatious and borders on

deception as they have done this it seem

to prevent you stating the debt is SB.

So a FORMAL COMPLAINT to the company

filing the default (s) with the CRA .

Be forthright in your approach.

 

eg.

Name address of Company

Ref: xxxxxx

Dear Curr or Madman.

Take note that having checked my credit reference

files I have found that you have entered defaults

against my name these entries are unfair as they

do not reflect the true status of the acoount (s).,

had these defaults been registered in a ''Timel Manner'

as set out in guidance on registering defaults ie within

6 months of the date of the cause of action these entries

would have been removed from my file in August 2011,

I consider that the placing of the late entries can be considered

vexatious in the least.

I therefor require you to remove these entries forthwith.

For you guidance and infoformation these alleged debts are

STATUTE BARRED and I will be making no payment or offer

of payment now or in the future.

Send a screen print of credit file with this, copy to thr CRAs.

Address letter to the COMPLIANCE MANAGER marked confidential

and use recorded delivey, the above is my considered suggestion,

amend to suit.#

Brig.

 

Thank you so much! - i'll let you know how i get on!

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