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rascal14

Creation Finance did not honor partial settlement agreement

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Hi this is a bit complicated by here goes

 

I took out a loan in 2006 with Creation finance one of those buy now pay later deals. Due to financial difficulties I was unable to continue with the repayments from August 2008, and I had assumed that the account had gone into default. In the middle of 2009 I contacted Creation finance and offered them a partial settlement and after some wrangling they agreed that they would accept what amounted to two thirds of the debt and not chase me for any more. I cant remember if they accepted my terms as full and final or partial settlement, but it was probabally the latter. I paid of other creditors in the same way, and never really looked for credit again.

 

Then in 2013 I started getting letters from Cabot demanding payment of the outstanding balance, and of course I lost the correspondence between myself and creation re the partial settlement of the debt. I ignored all letters from Cabot and then went and checked my credit file.

 

With regards to this loan, my payment status on my credit file was 6 from feb 2009 until August 09 (which means that I prob hadnt paid anything since at least Aug 2008)

then in sept 2009 it shows a 1 status, this is where I had paid of 2/3 or the debt, then the non payments reset and ive been at a 6 status since February 2010

 

Creation Finance only issued a default against me in January 2013, when it should have been done around feb 09 six (ie 6 months of no payments) or because i reset the debt clock by making a partial settlement in sep 2009 a default should have been issued in march 2010?

 

I did a SAR but of course there is absolutely no information from them regarding this Loan after 2009, no record of our correspondence re the partial settlement.

 

I had a couple of other loans with them previous to this and the Payment protection insurance on three of them amounts to more than Is outstanding on this debt

 

In reality what I really want is this default removed from my credit file, so what can i do, Cabot finace have resorted to phoning my neighbours to find out if I'm still living at my current address which I think is very poor form and very embarrasing for me

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I have been hoking out old paperwork in regards to Creation finance, and i found a letter from Clarity dated August 2008 titled notice of instruction, stating that creation finance has served me with a default notice. the exact wording is

Creation Finance has served you with a default notice under section 87(1) of the consumer credit act 1974. This notice confirmed you are in breach of your agreement

it goes on to say

Failure to agree and maintain a payment plan may lead to creation finance registering a default against you with one or more credit reference agencies.

 

Neither of these letters was included in my SAR, is this because the letters are from clarity and not from Creation? there is no information in my SAR of any correspendence between creation and clarity, even though the sar asked for correspondance between third parties

 

So did Creation issue a default against me or not, and if so should a copy of the default issuednot have been included in my SAR?

 

I found a further letter from Clarity dated Nov 2008 saying stop further action now

its states

The outstanding balance on your account is £xxxx as your account is in default the full amount outstanding is payable immediately.

 

Am i right in thinking that this count was actually placed into default in 2008?

 

Also in the SAR there is a memo (undated) stating that they received a letter from the customer asking for a settlement of £xxx (which was about a quarter of the outstanding debt) rejected ESM stands foned cust l/m asking 4 call b4 8.30 2nite

 

My sar did not include a copy of this letter that i sent or a rejection ie I dont even know how they rejected ie was it by phone or by letter

 

So i offered them an increased settlement amount which they accepted but of course there is absolutiely no informtaion in my sar about that.

 

There are also charges of nearly £200 on the account, made up of £30 late payment fees and a fee of £100 to pass he debt on to clarity

 

Any advise or thoughts on this would be greatly appriciated

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I have had a further look through my SAR and found a copy of a letter creation finance sent me in June 2008 its a default notice giving me until the start of July 2008 to bring account out of arrears. I didnt make a payment to them

 

I don't have any ppi on this account but on 3 others loans I had with them I was sold single premium insurance totalling almost £1000 including the interest they charged me for the insurance, on one of the three accounts I have £180 in charges made up from £30 charges from direct debit return fees, There is also £190 in charges from the default account.

 

So do I start a ppi claim rolling on the three accounts one was way back in 2001 and the other in 2003.

 

I have read the other thread in this forum re Creation registering a very late default, so should i also send them a letter similar to the one in the other thread? I think I am slightly confused because from my reading of the information creation, actually put my account into default in 2008, but didn't register it until 2013, and that my situation is slightly different because I paid them a large lump settlement in 2009 approx a year after the default notices. Am i right in thinking that I reset the statute barred clock due to making this payment

 

do I have any recourse over the £30 returned DD fees?

 

Also there is no default notice relating to the default in 2013 in my SAR

Edited by rascal14

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Creation often defaults accounts without issuing default letters. This is a practice put in place by the manager of their third party debt team called west midlands debt that is actually in office and not third party. The manager is Sean Shears. He personally will default accounts without sending out the letters. Ask them to provide you the notes from the account and then complain to the FCA.

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