Itsme VS Creation Finance

[itsmeandonlyme]

Hello everyone,

Its my second battle againts unlawful bank charges...Today i've received my statements from Judith Mucklow, Legal Department, Creation Financial Services Limited....and guess what some of them are missing (about 6 months) and the most important: when in 2004 i couldn't even pay minimum monthly payments they sold my account to bailiffs(do not remember the name) outstanding amount was: £305.....something...and these statements are missing..and what i only have for that period is the: Amount received-£305.27..)))))

 

Otherwise there are some £10 charge and £22 charges...

So i am sending tomorrow NON Complience letter back to her .They still have 17 days to supply me missing statements...

 

You are more than welcome to add you advise, comments....I haven't seen any Creation Finance threads as yet..unless i'd missed tham:))

 

Every advise would be highly appreciated:)))

 

regards:)))

[Villafan]

Hi,

 

I've just started my claim with Creation too although I haven't started a thread yet! I sent my SAR 29.12.06 & LBA on 9.2.07 as no statements received. Received a letter from Judith Mucklow on 21.2.07 to say no record of receiving my request (letter was sent rec delivery & £10 chq cashed on 5.1.07!) I decided to give her a call yesterday & she was really nice!!!!:o She located the £10 which had been credited to my o/s account in error....as it was their error she's waived the fee & advised info will be on the way to me on Monday. I don't usually speak to people on the phone but she was very helpful so if you want to speed things up why not give her a call before sending the non compliance letter....she might just send them straight away...just a thought. Her direct line is 0121 702 4858

 

Good luck!

 

Villafan

[itsmeandonlyme]

Villafan;589451Hi,

 

I've just started my claim with Creation too although I haven't started a thread yet! I sent my SAR 29.12.06 & LBA on 9.2.07 as no statements received. Received a letter from Judith Mucklow on 21.2.07 to say no record of receiving my request (letter was sent rec delivery & £10 chq cashed on 5.1.07!) I decided to give her a call yesterday & she was really nice!!!!:o She located the £10 which had been credited to my o/s account in error....as it was their error she's waived the fee & advised info will be on the way to me on Monday. I don't usually speak to people on the phone but she was very helpful so if you want to speed things up why not give her a call before sending the non compliance letter....she might just send them straight away...just a thought. Her direct line is 0121 702 4858

 

 

 

Good luck!

 

 

Thank you Villafan,

 

Glad you are on a same boat as me:)))

 

I had 2 replies from her..very quick..very impressed:)) Unfortunatly, not as accurate(same in your case)...they are all nice( i am not a bad person as well) but we are on opposite sides with them:)))))

They have now 16 days to supply me with the full ammount of statements.

I have also used these wording to make myself more clear:

 

It would be grateful if you would provide the following: -

• Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.
  
• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.
  
• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
  
• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.
  
• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
  
• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.
  
• Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.
  
• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
  
• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. And Audio files
  
• Your registration number with the Information Commissioners Office.
  
• Your Consumer Credit License number.
  
• Your VAT reg number
  

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

 

Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

 

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

 

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission / authority.

 

If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection. If you do not provide the information requested within the given time limits (final date 12th March 2007) under current Law, I shall have no choice but to forward all information to the information commissioners office.

 

I will be filing in the County Court on the morning of 15th March for Non Compliance and damages, if I do not receive the documentation requested by 5pm 12rd March 2007.

 

 

I just wanted to let them know i am not kidding or joking...They multiply my charges in 2004 3 times when i din't pay on time, sent debt collectors on me....etc..and fale to send me the statements for that period...

 

 

I am wishing you good luck as well:)))

 

Regards,

 

Maria

[Villafan]

Wow Maria! That should make them get their act together! Will see what I receive next week then & will certainly be keeping an eye on your thread.

 

Jackie

[itsmeandonlyme]

Thank you Jackie, let me know when you receive your statements...

I am not sure whta is 3d premium means, that is on my statements..I ll wait till her reply and if needed will send CCA with £1 to get my original agreement....

 

)))

[Heidi Vodka]

Hi, interested to read your thread.

 

But....

To be fair to Creation (Judith Muckow), I would recommend that you check your statements again carefully, before being too precipitous with your comments. Initially I too thought there were statements missing but on closer inspection, realised that some statements were merely provided in a different format.

 

Please keep us informed if they were actually missing!!!!!

[mamatemi1]

My Creation account has been in a DMP since October 2005. They have responded to my SAR with statements. They then followed that by an unsigned default notice which asked me to pay £0.00!!

I shall post my response once I have composed it but any advice would be gratefully recieved.

[itsmeandonlyme]

Hello Guys:)))

mamateml1, keep us updated..would be very intrested to know how u r doing:))))

Heidy Vodka, thank you for your comments. I spoke to Ms Mucklow about it, she said the reply is ready for me and yes, she did send me all the statements...She was very nice and helpfull...I have found out about 2 £22 charge and some of £10 charges as a late fees+ interest.. i am going to claim contractual interest 22.9%..which makes about £290 in total..i will try to claim the 3D premium charge back as well...

 

Good luck and keep us posted:)))))))))

[itsmeandonlyme]

Yesterday, I 've sent Prelim, charges including contractual interest:p ...14 days to reply from this tuesday: 20/03:)))

[itsmeandonlyme]

Oh, well, i have received an aknowlegment from Kathryn Cross- Customer Complaints Advisor asking for 15 more days to investigate this matter fully.....Soooo no...I am not prepared to give tham more than already given:)))They have till 20- on the 20 my LBA goes in the post...

Very sad that MR Mucklow didn't find some time to reply and asked an advisor to type a standard letter............ Probably she is very busy with complaints:))))

[itsmeandonlyme]

Just an update: i have received an offer via mail of £79.88...

They refuse to refund me 3d premium fees..i am going for mis-sold story...She did send me the copy of the agreement, but i can't see anything saying about 3D premium in it....Checked every word...LBA goes hopefully tomorrow:))))Thank you..but i want it all:)))

[albbyswife]

hello

hope you dont mind me jumping in your post!!!

 

im just in the process of sending my claim to them, i recieved my statements from kathryn cross and some was missing but with my statements there was a letter saying that she has requested missing statements from there helpdesk????

 

can ask how much your claiming from them and if that includes cc interest as im considering whether to claim this aswell my claim is only a little one in which the charges are £59 upto now from the statements ive got, from 2001 until it closed in2004??

[itsmeandonlyme]

HELLO albyswife, my charges are about £118 + contractual..makes £290..something in total from 2003-2005, when account was closed....if they taken 59 from your account..till 2004..u should charge them at contractual...(mine is 29,9% ARP) MS Cross also answered my prelim instead Ms Mucklow(legal department), so i sent my LBA with their offer reqection of £78.......

 

 

Keep me posted....and good luck with your claim....

[southendgame]

Hi there, I'm just starting getting charges back from creation/aka adams store cards and I wanted to know two things. First, do they charge for back dated statements. I have kept about half of them. Secondly, one of the charges is CPP default merchant. £20 aprox. Any idea what this is? Any help would be grand.

[itsmeandonlyme]

hello Southendgame,

 

you can find the Data Protection Act SAR in the library 1. Data Protection Act, Subject Access Request letter - List of charges ..print this letter and attach the check of £10(this is all you need to pay for ALL your statements)... you can amend the letter and ask them what is

CPP default merchant

..I really don't know....never had anything like that in my statements....it notmally could take up to 40 days....

 

thank use a spreadsheet ( i have used a contactual intrest one from Vampiress chambers VAMPIRESS'S CHAMBER )....and work out how much your claim is for

Then send a Prelim(copy in same library) Letter - Preliminary approach for repayment

......and wait for the respond:)))

 

Read the Bank Templates Library ..this is what i did when started:)))

 

 

good luck and keep us updated:)))

[albbyswife]

hi

sorry its me , just to answer the question, i got my statements for free, i rang up customer services who then sent out my statements some were missing but the lady on the phone knew this and said she would contact help desk and then send them to me , hope this helps

[itsmeandonlyme]

hi

sorry its me , just to answer the question, i got my statements for free, i rang up customer services who then sent out my statements some were missing but the lady on the phone knew this and said she would contact help desk and then send them to me , hope this helps

 

 

Oh, great:))))now u can fill the spreadsheet and find out how much they owe you:)))))))))))

[southendgame]

Cheers for that.

[itsmeandonlyme]

Today i have received the cheque of £79.88...even after i had sent LBA with the refusal...do not really know what to do to cash it in..or to send it back...Spoke to the Ms Mucklow...she refused to pay me back 3d premium..simply saying that its a Wallis problems...the member of staff sold it to me and they are not responsble...oh well..i did point that FSA require to make it clear for each single customer that the insurance is not optional...but she didn't want to hear it.. so 1st thing tomorrow i will prepare my N1 to the court...

The question is should i cash in the cheque? or should i send it back?

Any help would be highly appreciated.....

[itsmeandonlyme]

Oh well...had to deside by myself:)))))))))))

Sent today a letter to Creation, that i had found in a library...Incase the case gets to the court wanted to show the judge..i did give them as much time as i could:)))

Itsmenadonlyme

30/03/2007

Creation Financial Services Ltd

Equipoint,Coventry Road

Yardley, Birmingham

B25 8FE

Re: Account Number: xxxxxxxxxxxxxx

 

 

 

Response to settlement offer.

 

Dear Ms Macklow

 

Thank you for your letter dated 23/03/2007

 

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £308.30

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 10 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action.

 

If you do not accept my conditions for acceptance, or you do not respond within 10 days till 10th of April 2007, I shall return the payment to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

Itsmeandonlyme

 

Basicaly...that's it....If still no reply..will send thecheque back......I so wanted to cash it in..but i also want a full amount..it's hard to be strong.....

[terry1]

hello i have finance with creation.

we bought a leather sofa from land of leather.

we were told that when finance was due to start they would write to us, they didnt we were charged intotal £150 for returned directdebits and letters.

when i phoned up they were very rude,

i suggested that these charges were unlawfull, they said that cause there not a bank they can charge what they want to.

can anyone advise me

[itsmeandonlyme]

Terry,

 

write them a letter include:

 

am of the opinion the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges you imposed will be unenforceable and should I be forced to litigate, judgement granted in my favour.

 

The fact that your fees do not differ significantly from those charged by other companies operating within the Financial Services industry is entirely redundant however I am most interested in your comment regarding my responsibility for those fees. Given your clear and unambiguous statement that these fees represent the costs to your business and that you have incurred them as a result of my breaching our contract I am sure you will be happy to demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

 

Charges are not legally enforceable if they are penalties. Penalty clauses in contracts in English (and Scottish) law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party. The law relating to penalties has been established through case law. The cases date back to the nineteenth century and the courts have been consistent in the way that they have ruled on penalty clauses

 

I am mildly amused by your penultimate paragraph and your apparent misunderstanding of contract law and seemingly deliberate attempt to complicate what is a straightforward issue.

and also ask to send you an original agreement..i want to have a look...Under CCA 1974...you have to include a cheque for £1...the template of the request you can find in library....

if you need more help let me know...

Regards,

Maria

[terry1]

thank you so much its a relief that there are people out there who are on the side of the normal person, just trying to get along, i feel there trying to pull the wool over our eyes, by being very rude and unhelpfull.

many thanks il get that sent off today

[itsmeandonlyme]

it's ok Terry,

 

Do you know how much they charged you in total, if not send them DPA_ data protection act..copy in the library.....with cheque of £10.....

 

 

Did you read FAQ?

 

Kind regards,

 

 

Maria

[albbyswife]

Hello again 'its me'

 

 

just wondering how you have been getting on??? had anymore news or have you had to file in court??