Creation Playing Dirty

[steve5080]

Having sent a request for repayment of fees and refund of PPI to Creation Finance they replied with the usual "It's your fault, terms & conditions etc." but then offering to refund the difference between their £20 fee and the £12 they state the OTF said was a fair charge in their july 2005 statement. I belive they are misquoting the OFT and I have read a brilliant responce from someone here to the same offer but have no idea just where. As to the PPI they said that as this had not been queried over the 3 years the account has opperated they would only offer to repay half the premiums collected. It took them 3 or 4 weeks to investigate this matter, and it seems strange to me that they have not produced a document requesting this cover.

[jonni2bad]

Tell them that you will accept the difference as a partial settlement only and that the OFT statement did not suggest that £12 was fair, only that it would take direct action itself if charges were over this figure.

 

Proceed with your claim in YOUR timescales for the remainder (if they have actually refunded this difference, or sent a cheque) otherwise the claim will be for the full amount until such time that they are able to prove what their actual losses were.

[steve5080]

Thanks for prompt reply. There were no contitions, they just said that the refund would appear on the next statement.

I have had two phone calls from them thismorning chasing payment from me. I have just offered to pay in full, on the understanding that I would apply contractual interest to that when I take them to court. He would not accept my offer:(

[JonCris]

As has been stated by jonni refund aside the OFT did NOT state that &, if they have put that in writing to you I suggest complaining to the OFT enclosing a copy of their letter. Enough of such letters might actually make the OFT realise that they are being delibrately misquoted.

 

PS DO NOT speak on the phone put everything in writing. They will deny anything that suits them.

[steve5080]

I have just spent all day writing a LBA to Creation Finance including a peice insisting that they must comunicate in writing only, only to recieve the fourth phone call today. I read him what I had writen

 

Please also note that as this account is in dispute, you should instruct your collection department accordingly. I have received three telephone calls today pursuing payment. In the first of these calls this morning I was threatened with a default notice, further £20 charges, having the account sold over to a collection agency and legal action. I believe this is harassment under the Administration of Justice Act 1970 (Sec 40), and in contravention of the OFT code of guidance(ignoring disputes about whether money is owed).

 

In view of the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing, I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. I have verbally requested that these stop, but I am still receiving calls.

 

I must insist that all further correspondence from your company to be made in writing only.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Further more my telephone number is registered with the Telephone Preference Service and any more calls from you will be in breach of the original 1999 TPS act and the subsequently updated Privacy and Electronic (EC Directive) Regulations 2003.

 

I wonder if this will have any effect

 

Following the fourth call I have added another letter :-

 

Since writing the attached letter I have received a fourth telephone call today.

It is my belief that the frequency of these calls is a direct result of my claim against you and that it is harassment and intimidation by your company. This is in breach of the Communications Act (2003) s.127.

Once again if you do not settle my claim in full within 14 days, and I have to start legal proceedings against you I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Is this a bit strong

 

 

 

 

 

[JonCris]

Don't demand they settle your claim otherwise you will report them. Sounds a bit like blackmail.

Leave them in no doubt that you are going to report them no matter what the outcome, then DO it. Also do it in writing not on the telephone.

 

Refuse ALL telephone communication unless you have the facility to record the conversation (contrary to popular belief you don't have to tell them if you do el'al Sir Ian Blair bugging Charles Clark)

[steve5080]

Thanks JonCris, It was more than a bit like blackmail, I was lowering myself to their level for a moment, I put it down to 4 calls in one day. I have amended the letter thus

 

 

 

I will now report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

I will also be bringing to their attention your use of recorded messages which can and have been answered by other people within my household, which inform the listener that you have tried to contact me regarding an outstanding account. This is a further breach of the Administration of Justice Act, as is likely to cause embarrassment and, I believe, the Data Protection Act.

 

My complaint to the OFT will include the matter of your continued £20 penalty charges and your non acceptance of their statement of 5 July 2006.

 

 

 

Are there any letters or contact details here for my complaints to OFCOM, Trading Standards & OFT.

Cheers

[steve5080]

I have sent an LBA to Creation Finance on 28 Dec after receiving 4 calls from them in one day, I also added that they must stop contacting us by phone, stating Administration of Justice Act 1970 (sec40), Protection from Harassment Act 1997 and the Communications Act 2003 (sec127).

They received the letter on 4 January 2007, yet this evening at 8:35 they phoned again. What do I have to do to get through to them???

[Sparkie1723]

Write and tell them that you are going to apply to the court for and order to be made under the Protection from Harassment Act and once you have obtained served that if they even speak your name the directors are headed for the "nick"

 

sparkie 1723

[steve5080]

I am about to send the following to Creation, anything to add??

Ms J Mucklow

Legal Department

Creation Financial Services Limited

Equipiont

Coventry Road

Yardley

Birmingham

B25 8FE

 

 

Administration of Justice Act 1970 (sec 40)

Protection from Harassment Act 1997

Communications Act 2003 (sec 127)

Dear Ms Mucklow,

 

ACCOUNT NUMBER: xxxx-xxxx-xxxx-xxxx

 

Further to my LBA letter of 27 December 2006 (received by you 4 January 2007), I regret I must write to you again on this subject. Despite my letter (copy enclosed) stating that “I must insist that all further correspondence from your company to be made in writing only.” I have just received another telephone call from your company at 8:35pm.

This is in breach of the Administration of Justice Act 1970 (sec 40), Protection from Harassment Act 1997 and the Communications Act 2003 (sec 127).

Please be advised that I intend to apply to courts for an order under the Harassment Act 1997, in addition to registering another complaint with the OFT and Trading Standards, and also with OFCOM.

While writing, I would also remind you that unless I have the satisfactory response from you to my request for repayment of unlawful charges, PPI and interest on toughs charges, by 19 January 2007 (14 days from your receipt of my LBA) I will be commencing a claim in the courts.

 

[chezt]

Please be advised that I intend to apply to courts for an order under the Harassment Act 1997, in addition to registering another complaint with the OFT and Trading Standards, and also with OFCOM.

While writing, I would also remind you that unless I have the satisfactory response from you to my request for repayment of unlawful charges, PPI and interest on toughs charges, by 19 January 2007 (14 days from your receipt of my LBA) I will be commencing a claim in the courts.

 

 

 

Sorry I'm just about to dash out to work but just noticed the words I've changed to red ... Is this a typo? Should it read those charges? Anyway, letter looks ok to me but I really don't have any experiance with this situation so hope someone can comment further .... are there any further templates in the library following on from the initial harrasment letter?

 

Good Luck ... must dash!

[steve5080]

Have sent Prelim and LBA to Creation, they made a particial refund of charges and unwanted PPI on Prelim, but are still chasing "overdue payment". The LBA is for nearly twice the outstanding balance, and the 14 days from their recipt of letter is up today. However this morning we got another statement still showing PPI charges, in spite of telling them this was not requiered, miss sold etc. in both prelim and LBA, and another letter saying that their will be serving a Default Notice under Sec 87(1) of the Cunsumer Credit Act 1974. I have spooken to OFT, but they said they are not that well up on the law, and will only be able to investigated as to whether they are suitable to hold a credit licence.

I don't know whether to pay them off in full, and then take them to court, or ignore their threats:confused:

[steve5080]

I am now filling in my first N1. I am claim back PPI and contractural interest, and wonder if there are any additions to the standard template that I could use.

[steve5080]

I am claiming contractral interest and need another eye to check my form please:-

 

 

1. The Claimant has an account **************** with the Defendant which was opened on or around 18 March 2003

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. The Defendant applied Payment Protection premiums without the Claiments authority, or any regard to the siutablilty of such insurance. Further, the Defendant continued to apply this premium after two writen notices to cancel the said insurance.

4. The Claimant also claims interest at a rate of 2.2% per month, from the date of each transaction to (date of claim) of £336.07, as set out in the attached list of charges. The claimant claims interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.99 per day. The Defendant charges interest to the Claimant, via the Account, at this rate. The Defendant claims that it is entitled to charge this rate, by virtue of the Terms & Conditions. Using, that reasoning and maintaining the principal of equity, mutuality and reciprocity between the parties, the Claimant contends that he is entitled to an equal rate of interest in this case. The Claimant notes in particular that the Defendant erred in law, had no legal right to levy the charges to the Account and refused to refund the Charges when asked to do so by the Claimant.

5. A list of the charges applied is attached to these particulars of claim.

6. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

7. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £420.20;

b) Court costs;

c) Contractrual Interest of £336.07; Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

8. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

 

 

 

I need to loose a line or two!

[Michael Browne]

Looks fine to me. You don't need to shorten it, if you need more space just put 'Particulars of Claim continued on attached sheet'

[steve5080]

Thanks Michael

[steve5080]

****RESULT***** I went to hand in in the N1 this morning but realised when I got to the court that my wife had to sign to forms as it is in her name. However she phoned me at work this afternoon to say she had had a phone call from a very appologetic man at Creation who said sorry for all the phone calls, he was righting the account off, AND would be sending a cheque foe £350. :D

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

 

Congratulations. Enjoy the dosh!!!

[steve5080]

Thanks again Michael, Donation will follow when the cheque arrives