Creation Store Card reclaim late fees

[Bazooka Boo]

Be patient when others are available they will advise.

[mikeymack2002]

I will dig out my set from last year

[HP Mum]

Thanks

[slick132]

Hi Mum,

 

Are you looking to have any default removed for this account. If so, you can mention this under s. 18 of the POC.

 

Also, you should only seek s.69 Stat'y Int't at 8% as there's no precedent to claim it at 29.9%. According s.18(3) should be altered.

 

An alternative to filing via CCMCC, Salford is to use MCOL but opt to send the full POC to MCOL by post.

 

[HP Mum]

thanks

 

So:

s.18

(3) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% per annum on the amount claimed (daily rate of £x) until judgment or sooner payment - using total £ x 0.00022 (0.08/365) to get daily rate. Just to clarify the 29.9% is for use in claiming restitution and 8% is for after the claim is filed??

and add this clause to remove bad credit rating

(5) Removal of all adverse credit data for the account, as the remaining account balance is made up of wholly or significantly of unlawful penalty charges and associated interest.

Is CCMCC Salford one and the same as Northampton CC?

I read on anther thread/sticky that I file the N1 at Northampton.

I originally sent the prelim in the summer. In that I asked Creation to send the T&Cs under cpr pre-action protocol 4.6c - if they intended to dispute. They have never sent the original or current T&Cs.

Should I continue to file the N1 claim? And hope I don't need them?

 

in s.8 © of my poc - I don't have the standard terms of the agreement so don't know the correct % or monthly pound amount to write here.

what should I do?

 

will this suffice??

 

© The Claimant was to pay the prescribed minimum % payment of the amount by the due date as notified in the monthly statements.

 

the statement says a service charge of 2% or 2.058% /month

Their current apr is shockingly 27.7%

 

AND - what is the best method of filing? I don't mind doing either - as long as the potential for success is good either way !

 

I have printed out the latest spreadsheet. And have printed out the POC few pages to attach to the main claim form.

I think I am almost ready to file this.

If I fill in and print out the .pdf N1 form, do I take it to my local court? Or post it to the nominated court - Northampton/Salford wherever is best...???

 

Last tweek help is most appreciated. Thanks

[slick132]

Hi Mum,

 

You can't file at the local court these days and must file via CCMCC at Salford. Or you can use MCOL.

 

[HP Mum]

thanks

 

Is this the correct postal address (got it off another thread):

County Court Money Claims Centre

POBOX 527

Salford M5 0BY

 

And - who do I write cheque payable to???

 

Am about to trot to the PO ...

 

Sorry found all info.

 

Just one last thing. It says I have to send Advice Notes for Defendants DO I??

Will try and search now - unless someone can provide a quick link

 

Found it - Its the CN1 form.

Copied x 3 attached to N1x3 - court, Defendant & Claimant (me)

 

Cheque to HM Courts & Tribunals Services

 

Posting to Salford M5 0BY

 

Hope this helps others with the process too...

 

With Christmas looming I am not sure of the timing on their response....

[Bazooka Boo]

Just ensure you get proof of posting so you have that for your records.

[HP Mum]

Proof tucked in the file.

Thanks

 

 

So - given receipt will be Monday and then there is this thing called Christmas looming - what kind of timespan are the courts likely working too ??

[Bazooka Boo]

Your guess is as good as anyone's, who knows?

[slick132]

Just be realistic about the Xmas period and exclude Bank Holidays plus a few days extra.

 

In fact, enjoy the holiday season yourself and let the court stuff take a back seat for a few days, until 2016 !!

 

[HP Mum]

Should I start preparing anything?

 

 

ps - I made a mistake above. The defendants notes one needs to send in with the N1 is N1c form (2 sheets).

[slick132]

No harm in preparing your court bundle in advance.

 

Just put it in files on your PC, ready in case you need to print and submit.

 

[HP Mum]

Got a letter from Creation saying they had passed my account to a dca !!

 

 

Funny that. They have ignored every single letter I wrote. But I don't think they can ignore a legal Court Claim, can they??!!

 

 

Hass anyone else ever successfully challenged Creation with a CI claim?

[mikeymack2002]

I got as far as completing it on line and gave them an option pay or I pay to have the claim made live. I got a nice cheque in the post.

[HP Mum]

That is good to know

 

I have filed a Claim and they must have received it by now although I am waiting for the Court's notification.

So I guess I wait and see...

 

Can someone please direct me to the template letter to write to a dca who is chasing a debt that is in dispute?

 

Dca has sent me letter today about this account.

Creation have ignored every letter, they know the account is in dispute and have still passed it to a dca, and I have already filed a Claim in court too. Seriously!!!'

[AndyOrch]

If the debt has been legally assigned to the DCA you may have to amend your claim (the Defendants details)

[HP Mum]

I posted the Claim to Salford almost 2w ago. Would have been received latest by 18th (haven't checked).

Dca has just sent letter dated 27th that my account details have been passed to them - no formal letter of assignment.

So it seems Creation must still be owner of the debt

 

Can I check online if Salford have processed it? Or do I just have to wait to get letter?

I posted rather than doing moneyclaim online

[AndyOrch]

It will be manually processed so unfortunately you cant monitor its process.....one of the downside of Salford.

[slick132]

You need to let us know what the letter from Creation said, so we know if they debt has been formally assigned to the new DCA owner ..............

 

........... or if they've simply referred the a/c to a DCA for collection action.

 

[HP Mum]

Creation wrote " Your agreement has been referred to dca for collection of the overdue amount"

Dca wrote " Your account details have been passed to us by Creation to act as collection agent and we will now be dealing with your account"

 

 

But I have not received a Notice of Assignment letter from either.

The 2 letters I have received don't appear formal notification. Do they?

[Bazooka Boo]

Regardless, you NEVER ever deal with a powerless DCA.

 

Were they in the sane envelope?

 

You don't deal with puerile DCA's so they can be ignored, your dealings are with the OC, and if they're foolish enough to claim that they are no longer dealing with the matter, then you're not going to deal with their powerless petty DCA, if they want their money then they have to demand it themselves...

[HP Mum]

2 separate letters.

 

 

But thought I should ignore.

The Claim went to Salford. So the legal process of me being the Claimant and Creation being the Defendant has started....

[HP Mum]

** Update **

 

 

CCMCC have written to me - a Notice of Issue.

 

 

C has until next week to reply - defend or pay.

 

 

If C decides to fight me/defend my claim - what do I need to do next?

This is the first time I have issued a claim.

 

 

If they do nothing by the stated date on the Notice of Issue, I guess I can immediately send in the Request for Judgment.

[slick132]

Hi Mum,

 

No point in guessing events. Let us know what happens (or not) by the deadlines.

 

If they acknowledge and then defend, let us know the content of their defence.