Creation Finance have moved Defaulted Date

[Taz11]

Thanks CB, acknowledgment will be done today and I will set out the CPR 31.14 request to send to Drydens. I'll post it on here to see whether its ok or not.

 

Thanks again

 

Taz11

 

Just to add, that link to the cpr 31.14 template is fantastic, thanks both to you and surfaceagentx20

 

Dear Sir,

 

Re: (Drydens Limited) v (Mr *******) Case No:*******

 

CPR 31.14 Request

 

On 28/04/2010 I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Mr ***********

 

 

 

 

 

Does that seem ok CB ??. I don't believe I have received an assignment notice, but as the template only advises to include documents mentioned in the claim form I have left it out. I've requested the default notice, just so it tallies up with the one I have.....you never know . Thanks all again for so much help. I can't wait to see their reply. If they don't have it GREAT!!, if they do...well I suppose I'll just have to swallow it

 

If all ok, will send recorded.

 

Thanks Taz11

[citizenB]

Hi Taz

 

Not sure what you mean about a Notice of Assignment ? I thought Creation Finance was the original Creditor ?

 

Your letter looks fine, it asks for those documents mentioned in the POCs.

[Taz11]

Hi CB,

 

sorry, I thought, in order for a DCA to collect a debt it had to be assigned to them from the original creditor.............but I assume on this occasion.....drydens are acting on creations behalf ??............correct:confused:

 

Thanks for the input. I'll get the letter ready and posted tomorrow.

 

Will keep this thread updated.

 

Thanks for popping in

 

Taz11

[citizenB]

Drydens are the solicitors That is where you should be sending your CPR letter to .

 

Re: (Drydens Limited) v (Mr *******) Case No:*******

Have also just noticed you have put that this claim is between Drydens and you.. NO..

 

Drydens are the solicitors. The heading should read.

 

 

 

Creation Finance Limited - V - Taz 11

Case No: ...

 

You must read your documents carefully. It says quite clearly on the CLaim form that it is Creation Finance who are the Claimaint and in the address for sending documents .. To Drydens who are the solicitors

 

[Taz11]

Well spotted CB, thanks, still all a learning curve at this stage for me I'm afraid ............but i'll get there

[24233513afw]

Hi Taz11

 

Subbing.....Good Luck..... don't let them off... ...go get them.....especially with citzenB and Cerb on your side.

 

 

I have had the exact same dealings as you with creation

obviously the next step is going to be court if they follow the path they have done with you.

 

 

If we all got together and took the letters they sent us saying they do not have the original

or cannot retrieve the original, I wonder what a judge would have to say.

 

 

To me its a bit like saying that anybody could go to court saying that Mr/Mrs/Miss Blobs owes me £?????

but I dont have the IOU to prove it anymore but here's one that looks like it, so make them pay me the money.

 

 

I am sure we could all jump on that bandwagon.

 

Cheers

AFW

[citizenB]

Taz,

 

Here you go... I spotted this yesterday on another thread. Drafted by vint1954.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/260167-another-nasty-bank-little.html#post2934076

 

You should amend the letter to include all the documents you requested sight of in the previous letter.

 

Send it either recorded or special delivery.. the latter if you can afford it.

[Taz11]

Thanks CB,

 

That is excellent !!!. I'll get it drafted tonight and posted tomorrow. I'll post the draft on here so that you can take a look.

 

Taz11

[Taz11]

Hows this CB ??

 

template removed

 

dx

[MONTY]

Just wanted to wish you luck.

 

I am watching your thread with interest as I am just engaging with Drydens. They have just sent me a 'reconstructed agreement' which they have kindly partially filled in for me, and some statements which go back to 2005.

 

Unfortunately,for them my account was opened in 1998 with Ikano finanace (Creation took over years later) and they have not got a copy of the original CCA and they know it.

 

Figures crossed your go well. Looks like you have lots of excellent support

 

Monty

[Taz11]

Thanks Monty.

 

Creation have already advised me that they can't produce it, so I'm interested to see how Drydens are going to do so. Common sense, I would have thought, would mean if they had it they would produce it.

 

Support on here is excellent, and I wouldn't know where to turn without it. Its a great team and highly informative.

 

Regards

 

Taz11

[citizenB]

Yes, that looks fine, Taz.

[citizenB]

Hi Taz,

 

I doubt very much whether you will get a response before next Tuesday which is when you need to do something.

 

I believe the normal procedure would be to apply for a strike out.. but you dont have time to do that either

 

So go with the following:

 

 

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

3: Requests have been made via CPR 31.14 and CPR31.15 for a copy of the document on which the Claimant bases its claim; specifically, a copy of the agreement referred to in the claim. TThis has not been provided I am therefore unable to submit a fully particularised defence.

 

4. I respectfully request the court’s permission to submit an amended defence should the claimant provide the document requested.

 

 

 

 

 

 

I suggest you wait until at least tomorrow in order to give others time to look in on your thread and comment.

[MONTY]

HI Taz,

 

Just wondered how you were getting on?

 

M

[Taz11]

Hi Monty,

 

Sorry for the late reply. With the help of CB I obviously filed the defence and this was confirmed by letter by the court on the 25th May allowing the claimant 28 days to advise of their intention to proceed. As of yet, now the 14th July haven't heard a thing (but don't want to tempt fate...lol).

 

CB has advised me to contact the court to see if the claim has been stayed, which I shall do.

 

Regards

 

Taz11

[MONTY]

Hi Monty,

 

Sorry for the late reply. With the help of CB I obviously filed the defence and this was confirmed by letter by the court on the 25th May allowing the claimant 28 days to advise of their intention to proceed. As of yet, now the 14th July haven't heard a thing (but don't want to tempt fate...lol).

 

CB has advised me to contact the court to see if the claim has been stayed, which I shall do.

 

Regards

 

Taz11

 

I have my fingers crossed for you. I have received my court claim today and I am off to start my own thread. I will still be watching your thread though

 

Good luck

 

M

[MONTY]

Just a thought Taz,

 

If Drydens go down the recostituted agrement route and quote Carey v HSBC, check what they produce very carefully. I'm no expert but doesn't reconstitued mean 'to reconstruct back to its original state'.

 

Therefore, if an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.

 

Also, The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement.

 

Now, this may not be applicable to you, but I have heard tell of cases where the original name and/or address has not been included in the reconstitutued agreement.

 

I do not know if this is any good to you or anyone else reading, as it is a personal observation. May be one of the site team or legal professional can comment.

 

PS - I hope you do not think I am trying to highjack your thread!

 

Regards.

 

M

[Taz11]

Hi Monty,

 

No problem, your input is most welcome. Good luck with yours

 

Taz11

[24233513afw]

Hi Taz11

 

Creations also sent me a letter saying they could not produce the original...way back 2007.

Then low and behold what did I receive last week Small Claim Summons...following your thread keeping my fingers crossed for you.

afw

[squidward]

Subbing....

 

Good Luck TAZ

 

squidward

[MONTY]

Hi Monty,

 

No problem, your input is most welcome. Good luck with yours

 

Taz11

 

Hi Taz,

 

Any news? I submitted my defence yesterday (see MONTY v CREATION).

 

Monty

[Taz11]

Firstly, a big thank you to all the caggers over the years who have helped me with my debt issues.

Its been nearly 6 years since I started sending requests for my cca's.

 

 

Over these years my debtors have gradually fell of my credit file (without having proof of the agreements).

............and there was one I was waiting for, which would have completed the set, so to speak.

 

 

This debt was with Creation Financial Services Ltd.

The default was the 10/05/2010 so should have fallen off my file last month.

This was registered in my old address.

My credit report was gradually getting better, which I was pleased to see.

 

I've now checked my report and Creation have renewed the default date to 08/05/2013 !!

and its registered in my old address, which we moved from in 2012,

hence the original default being in the name of the old address...

..and this has lowered my credit score again !!!

 

What are my options with this ?.

If I question it,

how would I do so and does that make me liable for admitting to the debt.

Are the debtors allowed to do this ?,

since the original default was 6 years ago.

 

If I leave it, I obviously have another 3 years to wait for it to fall off,

and can they subsequently do it again ???.

 

The amount is only £870 and its the last CC debt on my file.

 

Any advice please, Thank you.

 

 

 

......and subsequently all the previous default payments are no longer appearing, only from May 2013.

[silverfox1961]

Hi

Do you have proof of the previous default date? If so, complain to Creation and to the CRA as well as adding a Notice of Correction to the offending item.

 

The ICO look very poorly on this behaviour.

[Taz11]

Hi, I didn't take a printout of the orginal default date from the credit file as I assumed it would drop off................as all the others have, so no proof . I wrote them all down and checked them regularly. They have all now gone except for this one, which has "re-appeared".

 

Thank you

 

When I asked for the original request for the cca would they have enclosed a copy of the original default notice ?, If so, I may be able to hook it out

[silverfox1961]

When I asked for the original request for the cca would they have enclosed a copy of the original default notice ?, If so, I may be able to hook it out

 

That would be good if they did send it.

If not there is another way, contact the CRA and see if they can assist. If not, you can SAR the CRA and as such they would have to send you the details of your file in full