Creation finance - re ccj

[CuriousBee]

Thanks Andy. I will wait for all the document evidence from Creation first and will take appropriate action.

 

From what I have been reading here it seems quite normal for Creation and Drydens to get CCJ for every account that missed payments even by a month and in some cases for no valid reason.

 

They took more money than necessary.

 

Until today, no one sent any letters offering refund the £360.00 which is a lot of money.

 

If it is their money they would try everything to keep,

but poor people like us struggling they take us to court for every penny.

 

Where is the justice in there.

 

I must have been in another world not to read the letters properly.

 

I know I had so much going on and I just could not care at the time.

 

But I am now ready to claim it back.

[CuriousBee]

I have been reading on CCJ issues and how to set a side. I found that the courts will agree on following grounds:

The court must set aside a default judgement if you:

• have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment;

• the proceedings did not follow the court rules.

 

There are other reasons but these are the ones that I can think that may help me. And it also says that there is no time limit if you can prove on these grounds.

 

I am waiting for SAR documents and as soon as I get them I will have a look and see I what I can do.

 

Has anyone had any experience dealing with these scenarios, and had any success. I would like to hear and also any advice would be greatly appreciated.

 

Many thanks

[dx100uk]

depending upon certain things

it dictates what you can or cannot do or be able to do

 

its wrong to assume the court MUST set aside

 

tell us the full details inc dates of the CCJ as the debt that caused it

[CuriousBee]

Well I did mention this in a previous post that I got a CCJ 2011.

 

I may be wrong in thinking I could do this.

 

But how it was all done by default and the creditor has put the default notice on my CR file after the judgement and the creditor still owe me overpayment money nearly six years prompted me to write to courts and say the way the whole thing was done seems unlawful.

 

Do you think that they should pay me interest on the money that have not refunded nearly six years ago.

 

I had a payment arrangement which started in 2010 and ended in February 2011.

 

In April I had a CCJ put on and in May I had a Default Note put on my file which I think is wrong.

What do you think?

[dx100uk]

the CCJ will be gone on its 6th birthday april - not worth it

 

there cant be a default after the CCJ

as to get a CCJ the debt must have been defaulted first.

 

but ofcourse if it was a backdoor CCJ to an old address

then nothing is checked on a default judgement

and again twill be gone in may anyway so not worth the aggro.

 

name names please

 

cant see how you can overpay a debt that someone latterly got a CCJ on?

if it was in credit you cant get a CCJ.....???

[CuriousBee]

It was an overpayment of the final costs after the CCJ. I had a letter from the solicitors asking for this money so I paid it.

 

It was Creation Finance - Drydens are the solicitors to whom I paid the money.

they should have refunded to me.

 

When I checked the last amount outstanding it was £1003 but I had paid Drydens nearly £1300 they should have returned the £300 to me instead of sending to the creditors - that is wrong.

 

either I need to write to Drydens and tell them that their actions were wrong or I have to write to Creation. Not sure to whom I should write to and take action against.

 

I am waiting for SAR documents from Creation.

 

I am thinking of putting a SAR request to the courts to get the documents they have and go from there.

 

But it will take 40 days and in April the CC will disappear.

Not much time and as you said not worth the hassle.

I wish I found out this earlier.

And they had the money for nearly six years.

 

They had given me a CCJ for missing payments for 2 months.

I am going to call Creation today and ask for that money.

 

Last week they said they will refund the money and took my bank details.

It will take 5-10 days for the money to be in my account - that is what the Creation said.

 

Does anyone has a letter that I can send to Creation and Drydens?

 

Thanks DX

[dx100uk]

no need to call the courts unless you need a copy of the CCJ.

 

it falling off your credit file isn't a time limit

its the statute of limitations 6yrs from when you paid it.

[AndyOrch]

Are we not already dealing with this here....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?474383-Creation-finance-re-ccj

[dx100uk]

Doh!

[AndyOrch]

threads merged...please do not start new threads for the same debt/issue.

 

Regards

 

Andy

[CuriousBee]

Hi Andy/DX - sorry - so what do you think I could do?

In my view they did not follow the procedure.

 

 

Do you think that I have any grounds to take them to small claims for damages for not following the procedure properly?

 

If I do have any grounds to complain then I would not sure how to proceed from here.

 

Any advice would be gratefully received.

 

Thanks

[AndyOrch]

See posts already advised.

[CuriousBee]

Thanks Andy - but I do not know how to go about claiming for the damages.

 

Question is - do I have any grounds and if so on what grounds do I take the Drydens/Creation for damages?

 

I am waiting for the SAR document. So it will take 40 days and more if they do not send on time. Now this CCJ will disappear in April this year. So can I still take them small claims for damages even if the CCJ has expired?

 

Not sure what I need to do here.

 

Thanks for any advice. I know you said can send a claim for damages but not sure if I have any grounds as I do not want lose and pay them money.

[AndyOrch]

Whether you have grounds is for you to test the water by approaching Drydens and see how they respond......simple letters of complaint will start the process...you dont have to dive in with a court claim just yet.

[CuriousBee]

Thanks Andy

Do you have a good letter that I can use with similar

If you have that would be good. I can send it off and see what they say. Specially with the money that they kept for 6 years it is not right.

Many thanks

[AndyOrch]

Drydens didn't keep any money CB...you need to differentiate between the two here and who your gripe is with.

 

No letters Im afraid as we have never encountered this before on the forum...put your letter in your own words...what they have done...why did they do it...what do they propose to do to avoid any proposed legal action.

[CuriousBee]

Hi Andy

I have called Creation last week and made a complaint over the phone.

I called them again today and told them that it was not right to keep my money for 6 years.

 

 

The Cust. Ser. Asst said that someone will call me tomorrow regarding my complaint.

Should I go over the phone about my complaint or should I send them a letter?

 

I will see what he has to say tomorrow.

I am also waiting for the SAR documents so I can check everything and get to Drydens.

 

Creation is the company who instructed the solicitors and put the DN note and got me a CCJ.

I will deal with Creation as they are the creditors and therefore they need to take full responsibility for non compliant issues.

 

I will draft a letter after the call tomorrow and post here for you to have a look at before I send out.

 

Thanks

[honeybee13]

Are you able to record the phone call, CB?

 

We don't normally advise dealing over the phone with important matters unless you can have a record of the conversation.

 

HB

[CuriousBee]

I can ask him to call on my landline and record from my mobile.

But I will not go into detail and will ask him to put in writing.

 

 

I am going to send Creation a letter.

Will draft it and post it here for you or Andy to look at first.

 

 

Definitely not having a full dialogue with Creation tomorrow as I am sure they will be recording it.

 

Thanks HB. Really appreciate it.

[CuriousBee]

Hi Andy/DX

I had a call from Creation this morning. Very short as I did say to him I do not wish to discuss the account in details but can he send everything in a letter.

 

I did ask him why they were keeping my money for six years, to which he replied saying that they sent me a statement and it is up to me to manage my account. I am confused here as if he is saying that my account was in credit why did they got me a CCJ? Surely, the reason was for them to issue a CCJ for non payment.

 

I am waiting for the SAR documents - will have to wait 40 days for that. Too long to wait.

 

I think it is time wrote them a letter with all these questions. I am going to draft a letter here later and would be grateful if someone could please have a look.

 

Many thanks

[AndyOrch]

Excellent make sure you keep on top of this CB...dont let them off the hook.

 

Andy

[CuriousBee]

Thanks Andy

 

I am still waiting to hear from Creation. In the meantime I thought I would write to Drydens to get all the monies paid towards the account as I have found some discrepancies in the statements.

 

I would appreciate it if you could please have a look at the letter and see if it is ok.

 

ADDRESS - DRYDENS

 

Dear Sir/ Madam

 

Account No. XXXXXXXXXXXXXX Creations Financial Services –

 

I noticed that there are few discrepancies in the account and would appreciate it if you could please send me a breakdown of all monies paid to Drydens on the above account.

 

Many thanks

 

Yours faithfully

PS sorry just to make it clear it should read..

..all the monies paid to Creation via Drydens......

 

 

xxxxxxxxx

Edited February 23, 2017 by CuriousBee
clarify - all the monies paid to Creation via Drydens

[CuriousBee]

Some update from Creation

 

- they sent me a letter saying that they cannot find the details and asked for additional information which I sent via recorded delivery.

 

As I moved houses I guess they cannot find the details,

but they still had the old address which I put in the letter and could have checked from that.

 

I hope they will write to me soon.

 

Once I have all the documents then I will take further action.

Should be interesting.

[CuriousBee]

UPDATE**

- I have received the overpayment of £306 today from Creation.

 

 

my question is how and why I got the CCJ if I was in credit?

 

I am still waiting for the SAR documents to arrive so I can see through the statements.

 

 

I did a check on bank statements and I could see that I have paid by DD some months and automatic Debit card payments etc

 

 

I presume over the years I paid too much and no one actually said that I had paid too much.

 

Iin April my CCJ will come off the CR file. Not sure what I can do.

 

Any thoughts on this please?

 

Many thanks

[martin2006]

Just because its going from your credit file is not enough, although it would require the courts permission, it is still enforceable as a ccj does not become statute barred.

 

I would want it expunged from ever existing.

 

Has any credit you have used in the last six yrs been at a higher rate than it would have been had you not had a ccj?

 

If you have paid more back for credit than you should then there is a case fir a claim of any excessive interest paid and compensation for the inconvenience and distress.

 

You need to know why there was a ccj if the account was in credit. Maybe there will be info in the SAR when it comes back.