Creation finance - re ccj

[CuriousBee]

Thanks Martin.

 

Sure will do.

I cannot do anything until I get all the documents.

[CuriousBee]

Today I received a Cheque for £20 from Creation as a refund of over payment. Not sure what they are doing. Cannot wait to get hold of my documents through SAR. See how many other over payments in there.

[martin2006]

They are refunding all the overpayments in the hope thats the end if it but they have caused 5+ yrs of distress and i bet that cra info is still on yr file?

[CuriousBee]

Thanks Martin - yes according to Noddle and Equafax there is a DN with the CCJ. Only Experian has one record and no DN. Also the CCJ will be gone next month so they probably hoping that would end of the matter. I am still waiting for the documents so I can get my facts right before I write to them.

[CuriousBee]

Hello Martin/DX/Andy

I have received the documents from Creation today. The bundle contained:

 

1. Statements from 2004 – 2013 (reproduced with stamped ‘copy’)

2. Last statement was the Refund that I over paid to the solicitors

3. Allders card application with terms and conditions BUT NO SIGNATURE ON THE APPLICATION

 

However these documents were not included:

1. Default Notice

2. Notice of Assignments

3. Any documents relating to CCJ

4. Any warnings of late payment fees

5. The statements from the Drydens with breakdown of all the payments paid

 

• In light of this new finding that No signature on the application form which is a reconstructed application form, and it is not a Credit Card/Store Card Agreement – would this make any difference if I were to ask the courts to set aside the CCJ?

 

• Also the reproduced statements does not look right. I have attached two statements for the same month and date – one states the balance as ‘0’ whilst the other states £56.00 and other charges. Obviously when they reproduced these they must have made a mistake. I am going through the whole lot tonight and put them onto a spreadsheet and do a reconciliation with my bank statements so I will know exactly how much I paid.

 

Most importantly, there seems to be two cards, as the Experian CR file says all clear and NO DN.

Equifax – two different cards with two different numbers and one is totally up todate no DN’s, but one has a DN and late payments etc.

 

I only recall having one card, and the account that I opened was in 1999 and the address I used was an old address which Creation has used in the Experian report as an active account. I have not lived there since 2004.

 

So how can they put a CR report on my file as an active account with an old address?

 

Oh also Noddle has got my current address wrong.

 

When I queried they said Creation had sent them.

 

So again they have not followed the DPA correctly.

 

The address that they have put on the Noddle report is my next door neighbour's address.

 

I just realised - may be I should have done a CCA letter as well to get the copy of Credit Agreement.

 

I can put a letter with a £1 tomorrow requesting this just to make sure they have a copy somewhere.

 

What puzzles me is that they sent the summons to the address where I was living in 2011 when they got me a CCJ, and yet they have used the old address on the statements.

[dx100uk]

CCA no CCA recon unsigned or whatever

sadly the CCJ trumps all that

 

 

you need to prove in B&W that t

the A/C was in credit before the issuance of the claim

 

 

if you can prove that

you are £'s in

as martin said earlier.

[CuriousBee]

Thanks DX. I am going through the statements and my bank statements tonight so I can work out if I was in credit. I can remember paying via DD and debit card,

 

My other concern is the second account - which they say active but the address is an old address. If that was the only account I had then I was in credit or there was no reason for a CCJ.

 

How do I approach that problem? I thought if I do a CCA and ask for all agreements then I can see what agreements they have and then eliminate any doubts or concerns.

What about not having any DN's and any other correspondence relating to late payments?

 

I could write to them asking all these questions - would that make any difference if they could find only one card?

 

Any views/advice on the above please?

 

Thanks

[dx100uk]

??? ....

you have a CCJ

that CCJ is related to a credit card debt that card had a number which must be contained in the judgement somewhere

 

 

prove that card was in credit when they got the CCJ.

 

 

nothing else matters...

[CuriousBee]

OK - I have been through the statements, and already found some discrepancies. Collating these data together and compiling a list and I will be able to find out later. It is time consuming going through bank statements and their statements. But for the peace of mind and clarity it will be worth it.

[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

[martin2006]

One of the questions i had waiting in the back of my mind, once the SAR had come back was, did you have 2 cards with them?

If the statements show 2 differing acount numbers and you have only one application, ask for the other one.

Seems you havent been sent all the info so far so a letter giving 7 or 14 days to produce the rest should be your next step.

Follow that up with a complaint to the ICO.

 

Even if the ccj drops off yr file you still have grounds for complaint if you can show that the account was in credit when the claim and resultant ccj began.

 

Check the ccj against the account application info and statements, does it match?

[CuriousBee]

Hi DX

Where do I get the CCJ information?

I cannot find it.

 

Do I need to get this from the courts?

 

I will call the courts and get it tomorrow. I looked everywhere.

 

One card that started in 09/99 ends with 8809 and the other one which has the CCJ ends with 4854 which started in Nov 99.

 

Hi Martin

 

I only have statements from 2004-2013 and it is the same card that they got me the CCJ.

 

They have not sent the other card details which is in good order and is still active.

 

I will write to them tomorrow asking for the details of this card.

 

And no agreements or statements for this card which is active.

 

How strange is this?

 

If it is active then this should be the latest card.

 

Also if my account was defaulted I should have had a Default Notice,

 

and they have not included in the documents.

[dx100uk]

great minds think alike....

[martin2006]

Yes you definately need to get info for the card ending 8809.

 

When you ring the courts, have the ccj ref (from yr credit file) and check that the card number matches the one ending 4854. You can also ask for a copy of the ccj itself.

 

Its a fact finding and self education process atm.

[dx100uk]

CB CCJ's are not shown against debts they are in a separate section

so how do you know its against 4854?

yes you need to ring the court and ask the card number

 

 

though last time you rung you should have asked for a copy of the CCJ...

[CuriousBee]

Thanks X and Martin

Yes I will ring the courts and get all the information. I checked in the section on the credit file where the courts information is on the judgement section it only states their ref no and no card details.

 

So definitely will get that today. I know I forgot to ask them when I called them last time.

 

Also I am inclined to send a SAR to courts as well. Is it worth it? That would mean waiting for another 40 days and by which time the CCJ will be gone. So not sure.

 

I certainly will deal with the separate card issue. Why did I need to run two cards simultaneous? That is the question I have. On the CR file I have active account which is at an old address which I paid off several times.

 

The account was with a company called Ikano, and the Creation bought in in 2004, and that is when the issue started I think. That is why on the terms & conditions variation section on the top says 2004. But I opened the account in 1999.

 

I was so stupid those days never checked any statements and I trusted the banks and just paid the accounts.

 

I have learnt a lot from here over the past few months and now check my statements every month.

[CuriousBee]

Hi DX/Martin

 

I called the courts today and asked for the details of the card no and they did not have any card details.

 

 

They had a reference which I believe was Dryden's ref.

 

 

I asked them to send me a copy of the judgement and they said they would charge me £10 so I decided to do a SAR as I would get more information for my £10.

 

 

I sent them an email and gave my telephone no so they would call me and I will pay by my card.

 

I will also send a letter with my new address details and some proof of ID so they have my new address details.

 

Will update when I finalised my payment records.

Thanks for your help.

[AndyOrch]

Its not a copy of the judgment that you need its the N1 which has their particulars of claim which should contain the account number.

 

Andy

[CuriousBee]

Hi Andy

 

Can I just write to the courts requesting that or can I ask over the phone?

 

I will do this tomorrow.

 

Many thanks

[AndyOrch]

Over the phone CB

[CuriousBee]

Over the phone CB

 

Hi Andy. Thanks

I called the courts today and I was told to put in writing. So I sent a letter with a Cheque and it will take 21 days.

 

I had to send in the proof of current address as I have left the old address where the CCJ was registered at.

 

If the account is the correct account I would just accept it, and it will be gone from CRA file next month.

 

But can I still ask for the statements from the solicitors. They are the ones who demanded nearly £1300 when in fact the money owed was £998.00. Hence the overpayment.

[AndyOrch]

Wait until you get the copy N1 the difference in monies may be down to court issue and Solicitor fees.

[CuriousBee]

Andy/DX/Martin

I woke up at 5am this morning to finalise the statements. GUESS WHAT - Yes I was in Credit by - £582.69.

This was just going through their statements and adding them up as I do not have any statements. I put these on an Excel sheet.

They only sent me the statements from 2004-2012. I have not even got to check my bank statements to see if the payments match to those stated in their statements.

I was thinking may be I was in credit, but I am astounded, and do not know how they managed to get £1003 outstanding balance.

I can send the spreadsheet to a PM so one of you could have a look at it before I get too excited. I do not wish to put it here.

Many thanks

CB

[martin2006]

There is no issue with posting the spreadsheet here, just upload it as a pdf without any identifying info.

[CuriousBee]

Hi Martin

- I checked and double checked it showed as a credit, but it was not a credit.

 

You will see that the final balance is different to their balance and I have deducted the balance on my sheet from the total paid and it showed as a credit.

 

they still owe me over £400 as the solicitors over charged me.

 

have a look and let me know what you make of it.

Thanks