chezt V Duet Card/Creation Finance

[chezt]

Cheers guys! Bill if I re-send my LBA then I'm giving them another 14days aren't I? Don't really wanna do that as I never got a response to my letter on 2nd November refusing their settlement & I just sent that normal post ...

 

Oh I will ring Royal mail anyway but am tempted to just do as TC says & proceed as if they've received it ... pity I can't get hold of an e-mail address as I could send a copy as a 'gentle reminder' eh!

 

Anyone got an address???? Will go hunting myself later too

[bill-k]

Chezt - sorry - didn't explain myself.

 

Send them a copy of the ORIGINAL LBA, with original date. Stick to your schedule, but in the event that the Royal Mail did truly f**k up, then you have meanwhile set the clock ticking ASAP.

 

While they're all faffing around checking this that & the other, then at least you have not had to put everything on hold until they finally come up with a result (3 bloody months down the line)

 

If the worst comes to the worst, then you can give them 7 (yes 7) days from the date they received your LBA copy. Whereas if it turns out the original was never delivered, then you might not be able to start the clock again until they've eventually said "sorree" and forced you to send a copy of the original LBA anyway. I really do suggest - do it ASAP - it's a"belt & braces" strategy.

[chezt]

Chezt - sorry - didn't explain myself.

 

Send them a copy of the ORIGINAL LBA, with original date. Stick to your schedule, but in the event that the Royal Mail did truly f**k up, then you have meanwhile set the clock ticking ASAP.

 

While they're all faffing around checking this that & the other, then at least you have not had to put everything on hold until they finally come up with a result (3 bloody months down the line)

 

If the worst comes to the worst, then you can give them 7 (yes 7) days from the date they received your LBA copy. Whereas if it turns out the original was never delivered, then you might not be able to start the clock again until they've eventually said "sorree" and forced you to send a copy of the original LBA anyway. I really do suggest - do it ASAP - it's a"belt & braces" strategy.

 

Ok get ya! Wish I'd thought to check for a signature sooner 'cos LBA expired Yesterday ...

 

Interestingly enough I also sent two others on same day - one to Yorkshire Bank which has a signature & one to RBS Visa again with NO signature (this was my LBA but I'm deffo not re-sending that one as I've since sent 2 letters telling them exactly when I'm taking it to court so though if they haven't seen the LBA on that one & u know the parlava I'm avin with them!)

 

Other prob - can't re-print n resend today - will av to be 2moro - don't have time before leaving for work now GGrrr I'm so annoyed!

[bill-k]

No, we don't tend to check for signatures, do we ?

 

Send them the copy of the original (expired deadline) LBA, with original date. Don't tell them that you don't have a signature - they probably did get it, and the postie just didn't do his job and post details when he got back to the office.

 

Give them a further 7 days in your covering letter, and politely but firmly insist on an acknowledgement from them, by return of post, of the LBA. That at least, then gets you a signature and a name.

 

Tell them, that, as the Season of Goodwill approaches, you have offered them a further 7 days to at least have the courtesy to respond. And that the court will not look on their inaction favourably in 7 days time !!

 

Worth a try ?

[chezt]

Worth a try ?

 

Yes I think so - sounds good to me - that's wot I'll do later when my lil chufta is in bed!

[bill-k]

Yes I think so - sounds good to me - that's wot I'll do later when my lil chufta is in bed!

Nightey-night, lil Microchezt !!

[chezt]

Right then ... here is my letter ...

 

29th November 2006

 

FINAL NOTICE BEFORE PROCEEDINGS

Dear Ms xxxxxxx

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxx

 

I am very disappointed that you have failed to respond to my letter before action dated 14th November 2006 in relation to my account over the period DATE to DATE.

 

I stated in my letter that you had 14 days in which to refund the full amount of my claim and this has not been actioned. As a gesture of goodwill, I am willing to extend the timescale and give you an extra 7 days for you to settle my claim in full.

I note that you have refunded £25.00 on my account and therefore I have recalculated that you have taken £xx.00 plus £x.xx which you have charged me in service charges (credit charge/interest) for the sum which you have taken. Total £xx.xx.

In addition to this amount, I also claim interest at an annual rate of 29.84% compounded daily. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your credit charge rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of today’s date is £xx.xx. I enclose an amended schedule of the charges which I am claiming.

Please note that interest will continued to be added daily until full settlement is received.

I would be obliged if you could now refund by return a cheque for the balance of the full amount of my claim without further delay. Failure to do so will leave me no alternative but to begin a claim against you (in the County Court on 7th December 2006) for the balance including interest plus my costs (the courts charge £30.00 for a claim of this value) and without further notice. I feel sure however, that you will not consider this a viable or cost-effective option.

I also enclose another copy of the LBA issued on 14th November 2006.

I trust this clarifies my position and I look forward to receiving your positive reply. You are reminded that there will be no further extension to this timescale.

Yours sincerely

 

chezt

 

D'ya reakon I ought to send recorded again .... ?

[bill-k]

Right then ... here is my letter ...

 

29th November 2006

 

 

 

FINAL NOTICE BEFORE PROCEEDINGS

 

 

Dear Ms xxxxxxx

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxx

 

I am very disappointed that you have failed to respond to my letter before action dated 14th November 2006 in relation to my account over the period DATE to DATE.

 

 

I stated in my letter that you had 14 days in which to refund the full amount of my claim and this has not been actioned. As a gesture of goodwill, I am willing to extend the timescale and give you an extra 7 days for you to settle my claim in full.

 

I note that you have refunded £25.00 on my account and therefore I have recalculated that you have taken £xx.00 plus £x.xx which you have charged me in service charges (credit charge/interest) for the sum which you have taken. Total £xx.xx.

 

In addition to this amount, I also claim interest at an annual rate of 29.84% compounded daily. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your credit charge rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of today’s date is £xx.xx. I enclose an amended schedule of the charges which I am claiming.

 

Please note that interest will continued to be added daily until full settlement is received.

 

I would be obliged if you could now refund by return a cheque for the balance of the full amount of my claim without further delay. Failure to do so will leave me no alternative but to begin a claim against you (in the County Court on 7th December 2006) for the balance including interest plus my costs (the courts charge £30.00 for a claim of this value) and without further notice. I feel sure however, that you will not consider this a viable or cost-effective option.

 

I also enclose another copy of the LBA issued on 14th November 2006.

..."a copy of my letter of" ?

I trust this clarifies my position and I look forward to receiving your positive reply. You are reminded that there will be no further extension to this timescale.

Yours sincerely

 

 

chezt

 

D'ya reakon I ought to send recorded again .... ?

 

Looks good to me, mate. In corre. with banks, I personally don't like to refer to my letters as LBA's or prelims - I always take that as a term of reference for our use here (and in court). That's my only suggestion, though - and nowt more than that !!

 

No, you better bike this one over to 'em, and tell the courier he doesn't get paid unless he brings you a time, a name & a sig. :grin:

 

Yeah - gamble another quid, mate.

 

Are you able to get anything useful tracking the original LBA online ? By that I mean, have you asked them what has happened to the letter? If it isn't signed for, then it should have been returned, I'm sure. If they've actually lost it, then they should tell you that, at least !!

[chezt]

That's my only suggestion, though - and nowt more than that !!

 

Hey good enuff 4 me - I trust ya!

 

.

 

Are you able to get anything useful tracking the original LBA online ? By that I mean, have you asked them what has happened to the letter? If it isn't signed for, then it should have been returned, I'm sure. If they've actually lost it, then they should tell you that, at least !!

 

Nah - been online 2 check again 2day but didn't get chance to phone 'em till 2night n just missed 'em as it closes at 7.30pm! Will deffo ring 2moro tho ... Life' a bit hectic 4 me on this week - I work shifts round my hubby's shifts - only 4hrs a day but this week I have to get LO up & give brekkie, play with toys & watch CBeebies, get her down for morning nap, ava shower dry my hair n get ready for work, get her up, dressed n ready for outta the house at 12 noon to take her to either my Sis or SIL for an hour b4 hubby picks her up on his way home from work!

 

Other shift is sooo much easier as I go to work n leave her in bed, hubby looks after her n I come home at 12.30 n take over - then I have all afternoon to do 'stuff'!

 

Phew - tired me out just typin that! :o

[chezt]

Letter printed ready for 2nd attempt of recorded delivery!!!

[bill-k]

Letter printed ready for 2nd attempt of recorded delivery!!!

Yeah - good. lil' Micro has an interesting life,then !! :o

 

...tired me out reading it, too !!

 

I bet you long for a 9 to 5 sometimes, eh ?

 

I'm going to have to have a lie down again, now, after that.

[chezt]

Yeah - good. lil' Micro has an interesting life,then !! :o

 

...tired me out reading it, too !!

 

I bet you long for a 9 to 5 sometimes, eh ?

 

I'm going to have to have a lie down again, now, after that.

 

lol ... actually don't think I'll ever go back to 9-5 tbh .... luv workin part time ... just go ... do my bit n come home - leave all the responsibility to someone else now .... been there done that & most deffo have the t-shirt!

 

It's only every other week when LO goes to her Auntie's for an hour till Daddy picks her up so not too bad & at least she gets to see her cousins & Nanan etc on a regular basis ... she luvs it & is no bother - they all say how good she is & at least me n hubby know she's not going to strangers too ... wouldn't do it if she was ... the other bonus is it's free childcare!! Couldn't really afford it any other way!

 

Are you sure ur gonna have a lie down .... didn't think u slept! Been on here all last night n today avn't ya!?

[bill-k]

I agree 100% - Nanna & Grandad might spoil 'em but that is who they should be with while you're not around. It's a pleasure both ways, innit ? Paid childminding just doesn't sit right with me, either - it doesn't quite add up one way or the other.

 

I chucked in 9-5 years back too. Made redundant & self-employed now. No big shakes - always skint (why I'm here !!) - but escaped nervous (& marital) breakdown. Working afties & evenings, so I kip as & when.

 

I would love to make money online like a lot of people do, now, but I think I'm the wrong generation. The new kids have got that well sewn up. I thought about helping non-PC-literate people claim charges for a %age, but it's frowned on and could be risky. Not thick-skinned enough to try it. Anyways, there are plenty of chancers already doin' it by now, I think !!

 

Nah - this'll do me. Still got wifey #1 (which ain't so easy these days), plus 2 great daughters, plus retained mental health (arguably !!)

 

When you see what rotten lives other people in this world lead - it ain't so bad here, is it ?

 

Blimey, it's a good job this is your thread, mate, or I'd have been shot for chinwagging over the fence !!

[chezt]

I chucked in 9-5 years back too. Made redundant & self-employed now. No big shakes - always skint (why I'm here !!) - but escaped nervous (& marital) breakdown. Working afties & evenings, so I kip as & when.

 

Sounds good to me!

 

 

I would love to make money online like a lot of people do, now, but I think I'm the wrong generation.

Bit of an old silverback then eh Bill?!

 

When you see what rotten lives other people in this world lead - it ain't so bad here, is it ?

 

Blimey, it's a good job this is your thread, mate, or I'd have been shot for chinwagging over the fence !!

 

I agree! - about it not being so bad when u see others rotten lives ... not that u should be shot 4 chinwagging that is!

[chezt]

OK so I posted my 'Final notice before proceeding letter' giving another 7 days - recorded delivery today.

 

Spoke to Royal Mail & they have no further info about the whereabouts or if it'd been delivered etc so I have to leave till the 4th dec (Monday) before I can claim my money back! She did say they were behind at the moment being very busy but that it ought to have been delivered by now.

 

NOT good news for those of us with claims & deadlines at this time of year eh!

[bill-k]

Looks like a good move then, sending the 2nd LBA. Well done, matey. That's a point, also, about sending stuff snail-mail this time of year. We should all bear that in mind, now.

 

Hey - I may be an old silverback, but I can still swing with the rest of 'em !!

[Cat Wasilewski]

Hi guys

 

Sorry to hijack your thread - but I'm about to issue Creation with a Prelim and I'm curious which department you sent it to and also how you figured out the compound interest rate. (I'm using the baby spreadsheet with 8% standard at the mo') My claim isn't very big so the compound would really help. Also - they claim not to have kept any of my statements from before November 2001 - is this legal? I thought they were meant to keep them for six years.

 

Hope you can help

 

Cat

 

A newbie....

[chezt]

Hi guys

 

Sorry to hijack your thread - but I'm about to issue Creation with a Prelim and I'm curious which department you sent it to and also how you figured out the compound interest rate. (I'm using the baby spreadsheet with 8% standard at the mo') My claim isn't very big so the compound would really help. Also - they claim not to have kept any of my statements from before November 2001 - is this legal? I thought they were meant to keep them for six years.

 

Hope you can help

 

Cat

 

A newbie....

 

I used the throught claim compound contractual sheet from the Vampiress chambers in google for my claim. If you already have your statements to work from then don't worry about if they have them - they should still have records even if they can't acces the statements I would have thought.

 

The address I sent all my comms to is ...

Creation Financial Services Ltd

Equipoint

Coventry Road

Yardley

Birmingham

B25 8FE

 

Good luck!

[chezt]

Looks like a good move then, sending the 2nd LBA. Well done, matey. That's a point, also, about sending stuff snail-mail this time of year. We should all bear that in mind, now.

 

Hey - I may be an old silverback, but I can still swing with the rest of 'em !!

 

PMSL ... king of the swingers .... *Jungle book theme in head*

 

Anyway, GGgrrrrr ... replacement letter n Final notice still not signed for on Royal Mail either ... was posted 30th Nov ... what's happenin!!!!??

[Cat Wasilewski]

Cheers for the speedy response! Thanks so much! Ok one last question which I hope is relevent to this thread - what compound interest rate is the right one to use for Creation's Duet card (I'm struggling to understand the various rates cited in my original credit agreement) bearing in mind the card was in use from 2000 to 2004.

 

Thanks guys and good luck with your claims....

 

And apologies again for hijacking....

 

Best wishes

 

Cat

[chezt]

Cheers for the speedy response! Thanks so much! Ok one last question which I hope is relevent to this thread - what compound interest rate is the right one to use for Creation's Duet card (I'm struggling to understand the various rates cited in my original credit agreement) bearing in mind the card was in use from 2000 to 2004.

 

Thanks guys and good luck with your claims....

 

And apologies again for hijacking....

 

Best wishes

 

Cat

 

That's ok! I really struggled with this too as they quote it differently on statements & couldn't find it published anywhere ... anyway managed to get help calculating it & worked with 29.84% annual rate compunded daily which should be as near as damn it. On my statements it states service charge of 2.2%

 

Hope this helps

 

have you started your own thread to track your progress? It's a good idea as you have it to refer back to then. You prob won't get much response from other posters (unless u get a stalker like my gorilla friend;) Bill!) as this part of the forum is not so busy as others

 

feel free to pop by whenever u like n don't worry - Bill knows I'm only pulling his hairy leg

[bill-k]

(unless u get a stalker like my gorilla friend;) Bill!) as this part of the forum is not so busy as others

 

feel free to pop by whenever u like n don't worry - Bill knows I'm only pulling his hairy leg

 

Hey - pull away matey !! OOp-ee-doo - I wanna be like you-hoo-hoo !!

 

Quick one here for Cat: If it seems a possibility that they might come up with figures that differ from yours (eg if you have missing statements and are estimating), then it could be worth writing back to them to get them to confirm exactly which figures they do have, and in what form they are held. Also if any records are no longer held, get confirmation of their method and time of disposal/destruction. That way, it is difficult for them to surprise you with stuff later on.

[chezt]

Wooooo Hoooooo!! I'm getting Somewhere n it feels sooo good!

Ok I'll calm down now n explain (bit excited there! )

 

telephone call today from a LOVELY lady at creation apologising for the fact it seems my letter has been ignored ...really apologetic. She said they will be refunding ALL my charges & interest & this would be done 2moro! I explained I wanted a cheque but she said that as there was still a balance on the acc I technically haven't paid the charges yet so it had to be taken off my account but I could have a cheque for the interest. I started to argue (nicely) about this when I thought ... actually ... u know what .. i would prefer it to come off my balance anyway ... I don't actualy owe that much so it will just about half the balance anyway ... so I agreed to deduct the charges & the interest too.

 

I asked how much they were crediting & wrote it down & she gave her number if I needed to contact her again. I couldn't chek the amount whilst she was on the phone as 2 of my Sis's were here with the kiddies so it was a bit busy!

 

After they gone I checked & discovered the amount she gave was just the charges + Interest but not the contractual interest so I phoned her. She again was really lovelly & apologetic & said she was really sorry n just about to call me back as she'd only just seen the paragraph with the contractual interest claim details. She said she couldn't authorise payment of this herself but would e-mail her HQ straight away & ask them to authorise it. I asked if I could have that amount by cheque (not that it's a big amount but it will pay for some of my next round of court costs!) & she said she didn't see why not. She promised me a call to confirm 2moro!

 

Lotsa waffle there but basically it looks like this may be my first real total win!! *says she quietly*

 

I'm quite chuffed! This is only a small claim n it feels good so dunno how I'll feel when the 'biggies' come in! Can't wait ... also I will make my contribution to this site when I get summat juicy that's not just swallowed up in the next round of costs.

 

Chezt ..

[bill-k]

Right on, matey !!

 

If they're finally being "nice" it means that their only chance of getting any reduction in what you're claiming is to make you feel sooooo guilty, because the nicey-nicey person you spoke too was so nice, you actually felt sorry for her. Brill.

 

OK., so be nice in return (magnanimity in victory !!) - but don't let them "forget" stuff. You might still have to "ever-so-nicely" keep reminding them.

 

Yeah - they've as good as caved in, so it's just a small matter of time, and perhaps a bit of nice persistence.

 

Well done, mate,

 

"Your biggest fan".!

 

[Cat Wasilewski]

Chezt

 

That is brilliant! Congratulations. Thanks so much for your advice, and you too Bill. I've already done a SAR and apart from gaps in early 2001 (which are outside the 6 year limit I suppose) after a chasing letter the information they sent me was complete. Fingers crossed I get a similar result.

 

Have a wonderful Christmas - and thanks so much for your help

 

Cat x