Creation finance - re ccj

[dx100uk]

attachment corruptred

[CuriousBee]

Hi DX here it is in PDF format.

 

Thanks

[dx100uk]

fine must have ben my end tried 3 times too

ok now

[CuriousBee]

Here is other charges etc. Can someone please let me know how I can get my money back from them. Do I wrote to Creation or Drydens?

Any advice is greatly appreciated.

[dx100uk]

Though you'd have learned by now

reclaims are always against the OC

[martin2006]

Those are not the easiest of statements to read.

All of the late fees etc can be reclaimed plus interest.

 

When you paid drydens i assume they passed the payments on to creation, in which case you contact creation.

 

We need to work out what is what from the statements and whether the overpayments and fees are part of the same thing.

 

 

Any refund of overpayment should include interest from the date of overpayment.

[CuriousBee]

Though you'd have learned by now

reclaims are always against the OC

 

Thanks DX

 

Hope it is not too late to claim the charges.

 

The other issue is

how am I going to sort that out?

 

Over payments.

I wish I kept my statements then I could have checked properly.

They have sent reproduced statements, and I checked with the bank statements and I have paid too much.

 

I was stupid and did not ask questions and checked anything.

I knew my balance was not £1003 as they stated in the statement.

 

As you can see on the other fees schedules most of the time when no entries all the entries were just interest and other charges.

 

For example, the Promotional interest which I never heard of, and I know it was a small amount.

It was still added. When the card was in credit they still charged interest and I don't understand that.

 

I will wait for the information from the courts, and will write a letter to Creation to make a complaint about the charges and will claim at the same time.

[CuriousBee]

Thanks Martin

 

I called Creation, and told them that there are two statements missing in 2009 and in 2004 the not statements for Jan and February.

 

In 2009 I remember paying the card off and I did not use the card.

he said he cannot find any entries.

I told him that was because I did not use the card and it was paid off.

 

The March 2004 statements begins with £604 debit,

and I queried as to how it arrived in the account,

and they could not answer.

 

I think when they sent the re produced statements they just added things up to make up the total.

I told him that in 2004 I never used the card and that was when I moved houses and as far as I am concerned it was paid off.

I am sure they either got someone else's card debt when Creation took over from Ikano or made a mistake.

 

Can I write to someone like CEO and question this, as to how they created the re produced statement with a debit of £604 in 2004 March if they don' have previous statements in Jan and February?

Surely, they cannot re produced something with a debit.

 

How do they know what the previous balance was if they say they do not have any statements?

 

This may prove my doubts as to the debt to start with,

and also the fact that the account was paid off

and I the card number differs to the one that they got a CCJ for me.

 

For some reason someone in 2004 made an error and created a new account with a debit, and put it in my name.

I did not have two accounts as far as I can recall.

 

Second point

- Overpayments

- well Drydens called me in 2011, and demanded that I pay £1294.75 towards the account and they will stop legal action.

 

I panicked and did not ask questions, and told them would pay and asked them to give me some time, and paid them in the end.

 

Unfortunately I did not look at the statements and did not have them at hand, and I was stupid not to check anything and trusted them.

 

I had so many other things going on at the time so wanted them to back off and found some money and paid off.

I regret now not checking against the statements or asking questions as to how the balance accrued.

In a stressful situation all I could think was to pay this off, and still got a CCJ. That is so unfair.

 

So now, I am ready to fight back and get my money back from them.

[CuriousBee]

Hi Martin

 

I have drafted a letter which I am going to send to the Head of complaints at Creation and also to FOS. Please let me know what you think and advise me if this is ok to send.

Many thanks.

Here is is:

 

Dear Sir/Madam

 

Re- xxxxxxxxxxxxxxxxxxxxx

 

I wish to make a formal complaint against the unlawful CCJ that you have taken against me on 23rd April 2011. I had no evidence or documents previously, and I had lots of personal issues going through at the time hence it was overlooked and did not take any action prior to the CCJ. Now that I I am in a clear state of mind and I have the evidence, I write to you and seek a resolution.

 

On or around 16th February 2011 Dryden’s the Solicitor appointed by Creation Financial Services called me asking me to settle the account and if I am not able to do so legal action would be taken against me. As I did not have the money at the time, and was in a stressful situation I told them that I need time to get the money and would come back to them.

 

I had not received any Default Notices from Creation Financial Services nor did I receive any late payment charges notifications. The Default Notice was placed on 14/05/2011 after the County Court Judgement was placed on the account on 23/04/2011. How can this be? My understanding is that the Creditor needs to notify the account was in Default first, and then after that the legal action should be taken?

 

Unknown to me you already had got the CCJ on 23rd April 2011. I had no legal knowledge and I was under stress with so many other issues, I agreed to pay £5.00 every month and paid with my Debit card to start with and then paid by Direct Debits. On 27th February 2012 I paid the Dryden’s Solicitors

£1294.46 which I found out later was an over exaggerated amount.

 

I am now in a settled state of mind, and have a bit of knowledge through research, I believe the way my account was handled was unlawful. The process was unlawful, and most of the account was not in any way defaulted.

 

Having received all the statements through SAR (Subject Access Request), I find very odd that the statement for 2004 begins with a debit of £674.03 If Creation Financial Services cannot find the previous statements for Jan-Feb 2004 and prior to that in December 2003, how can you came to that assertion that I had a debit of £674.03.

 

On many occasions I had paid the card in full, yet there were interest charges levied such as ‘Promotional interest’ which I was not aware or heard of when I opened the account.

 

Also there appears to be two separate accounts, and the current active account has got an old address where I have lived 13 years ago. How can this be? The current and active account should be under the current address or the last address where I lived. Therefore, I believe there was a mix up with accounts or a wrong account was created in my name. If the current active account is up todate, then that is what it should be. No other account should have been there in my name.

 

Finally, I do not know how the Creation Financial Services obtained the CCJ without the proper prescribed terms and conditions and a true copy of the agreement. I did receive a copy of this through SAR which was not signed by either party. So how can this a=be a valid agreement? Also I was not sent any Particulars of Claims or any other documents relating to the judgement.

 

As per attached schedule of payments you will see what the balance would be and I would like a full thorough investigation carried out as to the processes taken and what the true balance would be.

 

As the account was dealt with unlawfully I would make a complaint to the Financial Ombudsman Services. I would request a response within 14 days and if no responses received I would initiate legal action against Creation Financial Services for unlawful conduct of my account.

 

Yours faithfully

[martin2006]

A lot of twaddle and waffle with some good points aswell, it needs condensing and keeping to bullet points, forget the state of mind stuff, they dont care, keep it to the point.

Try to rewrite it in a factual, chronological way.

 

There isnt a huge rush with it, just needs to be right.

[CuriousBee]

Thanks Martin

 

I will do another draft with bullet points. I know I had put lots of stuff. I have called the courts to ask for the particulars of claims and also sent them a letter and a cheque for SAR, but I was told the courts are really busy and for them to reply to my letter will take 21 days. They could not tell me anything over the phone. I am really interested to see the account details so I can be sure before I write to them regarding the card issue.

 

I also need to address the overpayment issue, and the dispute of the balance. Shall I wait for the court documents or shall I write a letter to express my concerns, and then write again to make a formal complaint? Do you think that approach would be better? The two issues will need to link together as if the missing statements for Jan/Feb 2004 shows the true figure as opposed to starting the statement with a debit of £604.75 then my account would have been in credit.

 

But then again it is highly unlikely that they would send the true figure after the CCJ. To whom shall I send the letter to - CEO? Or does anyone have a good contact to write to?

 

Many thanks.

CB

[martin2006]

It seems that they have not included everything you requested with missing statements et al.

For now this is a fact finding mission where you wait for the court documents to arrive and complain about the missing info from creation re the SAR.

You wont get any info from drydens from the SAR, if you need that then its a separate request to them.

The SAR is made under S7 of the Data Protection Act 1998 and if a company fails to fulfill that request then you can also complain to the Information Commissioners Office.

[CuriousBee]

Hi Martin - thanks for your advice.

 

in order for me to get all the facts before I proceed with the threatening letters,

I would need complete set of statements, and any other documents they hold, as they have not provided me all the statements.

 

I will send a letter requesting that they need to fully comply with my SAR request and ask them to send all data that they hold.

 

Will they also need to send me all the court documents relating to CCJ?

Do I need to specify that I need any documents relating to the court case?

Are they obliged to send these as well.

 

I would need a breakdown of all the payments that I made to Drydens, specially the £1,294.46.

 

When I called Dryden's last month they told me that they have now sent all the information to Creation and that they do not have any files relating to the CCJ.

 

after this, shall I send a letter of complaint which would be the initial letter followed by a letter before action if there is no response.

 

Yes it is a good idea to get everything organised prior to serious letters and be prepared for any eventuality.

 

Thank you for your guidance. Much appreciated.

CB

[CuriousBee]

UPDATE **

- I called CFS today, and found out about the other card.

I do remember opening an account in 1999, and it was IKANO bank.

As far as I can recall that was it - only one card.

 

In 2004 CFS took over IKANO, and I was told that was the reason I do not have statements from Jan-Feb 2004. CFS Cust. Serv. gave me the telephone no for IKANO and I called them to get more information.

 

 

I asked them if they could send me the old statements etc and I was asked to send a request with £10, which I already knew.

I am going to do the DSAR today to IKANO.

 

when CFS took over the CRA file was updated by them to say that zero balance with a green tick.

 

The reason CFS did not have the statements from Jan-Feb 2004 was because they took over in March 2004 hence no previous information. Surely the same account is handed over with a zero balance?

 

Then why is that there is the second account?

This confirms my doubts about the second card.

[martin2006]

You wont know until you have all the info from all parties.

As for drydens, thats a bit naughty, they kniw they must keep all the info for at least 6 yrs, wherever else they may send it. A SAR to them may be useful, despite the expense.

[CuriousBee]

Yes I am going to send a SAR to IKANO and Drydens today. I have a feeling that this saga is going to continue for a long time. Another 40 days to get this information and still waiting for the courts documents by which time the CCJ will have gone off my CRA file. But I really want to get to the bottom of this and sort it out for peace of mind if for nothing else.

CFS surprised that Dryden's told me they do not hold any records, and asked me to chase them for the statements.

Thanks for your help.

[CuriousBee]

UPDATE*** - I called Dryden's today and got some information. The person I spoke to was very helpful and I asked him to send me the copy of the particulars of claim and the statements of accounts. Well according to their records the card no is the second card which appeared in Equafax under default which also had CCJ. Now I need to know how did that happen. Experian and Noddle has only one record but no defaults.

I have sent a SAR to IKANO and waiting for all documents/statements from them.

 

Do I still need to SAR Dryden's?

[martin2006]

Yes i would if they are playing silly beggars.

[CuriousBee]

Thanks Martin

 

I just discovered that actually Creation took over IKANO from August 2004, and not March 2004. So the CFS told me a lie to cover up why there was missing statements, and asked me to call IKANO.

 

I have a letter when CFS sent to inform that they have taken over and will be sending new cards to everyone who has an Allders card through IKANO.

 

I am going to write to CFS and ask them to fully comply with my SAR and send all the missing statements.

[CuriousBee]

In August my balance was zero. I do believe that there was a mix up with the new cards.

 

Still waiting for SAR from IKANO, and going to send a letter CFS asking them to send the missing statements and try and piece together the puzzle.

[dx100uk]

whats the credit card number on the CCJ?

 

 

is it the same as the card number showing on the statements and data you are looking at.

I think you had two cards and have simply forgotten

 

 

thought that last week

[CuriousBee]

I could not get anything from the courts, although I wrote to them 2 weeks ago. So I called Drydens and got the card number that was in their particulars of claim which is the number that has the CCJ ends with 4854.

 

It is really strange how I got two cards.

Sep 1999 opened with IKANO - this card is up todate and active - shown on CRA files - as far as I can recall this is the only card that I had with Allders. It is a store card and could only use at Allders so no point of having two cards.

 

Dec 1999 (IKANO) another card was opened according to CRA files - this card has the CCJ - IKANO was taken over by CFS in Aug 2004. Not sure why this card was opened three months later. If this was opened in Dec why was the other card kept alive and active all those years? Surely the card opened in Sep would need to be closed.

[dx100uk]

so a single store chargecard turned into a credit card...urm that rings a bell.

 

 

this might be useful

 

 

http://www.bbc.co.uk/news/business-17670803

[CuriousBee]

Thanks DX.

 

This is very interesting. In the letter that I have from CFS has sent new variation terms, but the agreement was not signed/dated.

 

I quote below from that article.

"It wasn't just a variation, which is what Santander said it was. It was a modifying agreement [but] there was no new signed agreement.

"If they [customers] weren't provided with a copy of a new agreement, with the new card, to agree to and sign and return, it would lead to unenforceability," Tilley added.

 

According to the terms, the new card also allows to withdraw cash at ATMS and given a pin number, and there are other benefits thrown with the new card.

 

I wish I had seen this site in 2011, I would not have had the CCJ. I wonder if it is too late to argue on this?

[martin2006]

Sadly too late for removing the CCJ but not too late to seek redress for the 6 years of damage that the CCJ has caused.