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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Creation Financial Services - Want to know more ?!


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Dear All

I have had several people help me on CAG's forums and I thought it time to give a little something back ;-)

 

I am an ex-employee of Creation Financial Services, well, technically, I am an ex-employee of the 3rd party company that Creation outsource ALL of their operational processes to - legal, call centre, customer service, correspondence, card production, statement production, history and transaction retrieval, projects, fraud. The lot !

 

I would be happy to share any information with you that you so require or answer any questions you may have. I worked for them for a good few years.

 

In my personal opinion, they had to be the worst employer I have ever worked for but that aside, (as it is technically irrelevant,) I am surprised that this company can continue to trade. The entire organsiation is a shambles and the FSA would have a FIELD day should it choose to audit it's compliance.

 

I hope I can help. Let me know.

 

Best regards

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  • 1 month later...
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Hello! I had an account with them which is now closed. Wondering how I can get details of my Account etc. Their rates and late payment charges were ridiculous. Any help would be very grateful.

 

Andy

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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  • 7 months later...

my wife had astore ard with theme which she found hard to pay of

by the time i found out about it they were demanding 800 pound

the actual bill was 150 its been pased on to lowell financial ltd

im wondering wether to ask for statments so as to claim late

payments back an advice plz

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£800!!!!! That is certainly worth asking for statements. Even with 8% interest when/if you file at court will make a real dent in what your wife owes.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ will give you all the letters you need. They sent me my statements within a month so not the timewasters some companies are.

 

It is worth starting your own thread so any help you ask for is in one place making it easier for you and those posting. Go get 'em and all the best, Sally

 

 

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Andypall. By law they have to keep your records for 6 years (although they probably go back further) so send them the sar letter (see link above) but if you have moved put previous addresses where they have known you in that letter. Just because the account is now closed is not a valid reason for them not to pay out.

 

 

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But Creation will have your details on file. It is no use asking Lowell for your old records - you need to claim your charges back from Creation.

 

If you, hypothetically, wanted to make an extra payment to creation I bet they would have no problem locating your account. By advice still stands as above.

 

 

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my problem with creation was regarding protection payments they just added them to my account not long after it started. i found statments from 2003 and it was on there do not every remember signing up or recieving any documents about it. I have had to write to cancel it only noticed it now because im paying more in insurance then in intrest and anyone you knows them they are chargeing 30.9% at min. have now writen asking for monies back by stating i was not only misold it but didnt agree to it hoping to get a refund also sent them a SAR to see what they have been charging is there anyway i can get anything back other than late charges.

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  • 2 weeks later...

RE : babygirl10873

 

Hello babygirl10873. The PPI insurance you are mentioning has been cracked down on by the FSA and the new regulations state that ALL credit applications must have a SEPERATE signature for acceptance of insurance.

 

Unfortunately for you (and many others!) before this amendment was made it was acceptable for a single ticked box to indicate the consumers acceptance of insurance.... obviously to increase sales figures store assistants were possibly able to tick this box (on your behalf!) without telling you how it will effect you or even after you have signed!.

 

If you have already sent off your S.A.R then hopefully you have recieved a reply by now. Check to see if they have included a copy of your application with your request (as they are required to do.) If they have not sent this to you then your next steps should be;

 

1 - call their call centre and ask to speak to their insurance department (try to avoid lunch time as their insurance dept is not very large) or write to their customer care department.

 

2 - request that either they send a copy of the original agreement to prove your acceptance of insurance or if they are unable to do so refund the same as obviously they have no proof.

 

3 - If they ARE able to provide the agreement still look closely and check if there is anything you feel is unusual (is the tick accepting insurance made in a different pen?, did you fill out all other sections of the form and the ticked insurance box is noticibly different?, etc...)

 

Always try to push that little bit further if you can when disputing and if all else fails put it into writing again to their customer care department

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  • 4 weeks later...

Hi Magictorch

 

Would like to say it's nice to see someone from 'The Dark Side' helping for a change :D

 

Was wondering if you could give me an idea of who Creation are? ie. which store/credit cards do they own, or do they collect on behalf of others? The reason I ask is I received a demand from Mackenzie Hall this morning re Creation, and the ref no they're using is 16 digits so appears to be a card number of some sort, and I have to say number seems vaguely familiar! But I haven't had any sort of card for probably over 10 years other than the card I currently use and pay off in full every month.

 

Don't really want to CCA them unless I have to. If I had an idea of who/what this is for may just be able to send statute barred letter straight away.

 

Thanks for any help you can give

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  • 2 weeks later...

Heya, the thread you are refering to was started by someone with a similar alias, I simply jumped on the bandwagon as we both seem to be ex-employees.

 

To answer your question;

 

creation manage store cards for selfridges, brantano, mkone, faith, ann summers. as well as others which I now cannot recall.

 

Credit cards managed by them include adams, jjb sports, football club mastercards (such as everton, wba, etc...) as well as credit cards for several mail order catalogues which I forget the name of now. they also have their own brand "duet" mastercards which come in several varieties.

 

Note that the JJB card is a mastercard and no longer a storecard. Creation still manage the old storecards however new jjb accounts are mastercards.

 

The 16-digit account number quoted by mackenzie hall can help you work out whether it is a storecard or mastercard (6319 - store, 53xx - master) and if you speak to someone with experience at creation (ask to speak to a supervisor) they should (usually) be able to tell you from the first few numbers the "brand" of card. please don't give them a hard time if they can't though :) if it's a really old brand it could be hard to remember!

 

From working with creation my reccomendation with this account would be to either;

 

1. speak to mackenzie hall and request details/statements for the account as anyone you speak to on the phone at creation will only be able to advise you to do the same.

 

2. write to creations customer care dept and request the same - I cannot guarantee that this will be helpful though as I do not know if they are able to do anything.

 

hope this helps!

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  • 2 months later...

Hi

 

Pls could i get some advice.

 

Creation have contacted me today re: a debt they claim is owed. I bought some leather sofa's from Land of Leather in April 06 and was due to make a payment in full prior to 16th April 07 so that I would not be liable to any interest charges.

I made a cheque payment prior to the 16/4/07 but for some reason it dod not reach creation, i therefore sent another cheque for the full amount that was sent but arrived a few days after the payment date on the agreement. I was told over the phone that this was ok and it would not cause any problems.

I have today recieved a call from creation saying that i have arrears on my account of £2900. I said that i had made full payment and that I was not made at anypoint of any arrears. The person on the phone said they had sent me a letter but i had not received this and that's why they have contacted me today, a year after they recieved and banked the payment!

 

Could someone please provide me some advice? I was told over the phone that I would recieve a letter within the next 7 days demanding payment in full or the debt will be reffered to bailiffs.

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I think you need to write straight away and tell them this story exactly as you have told us. If you get no joy, send them a SAR - that should show the payment going in. Don't talk to them on the phone. These companies raraly keep promises made on the phone because they either don't record it or the people in collections don't refer to the computer file before taking action. Get everything in writing.

 

 

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  • 1 month later...

It appears that they have now been rebranded as Laser UK, and their structure appears to be a joint venture between BNP-Paribas and Galeries Lafayette Group. One of their store cards is the DUET network.

 

I have to say that I'm a satisfied DUET cardholder! But having had various storecards in the past, I can imagine how things can turn nasty.

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  • 4 weeks later...

magictorch,..

im sorry to jump on the bandwagon, but i was wondering if you could provide any information on the buy now pay later contract that creation finance (formerly open and direct) operate.

 

i was stung by the fact that i wasnt told there wouldnt be a reminder to pay, therefore i payed a rediculous amount of money after the deadline had passed??

 

Am thinking about passing this to the FOS to look over. its an old issue now but one that still beggars belief!

 

all info greatly appreciated.

 

cougar

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

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  • 2 weeks later...
  • 1 month later...

Hi Magic,

 

I have an issue with PPI on an account i hold with Creation, I wont bore you with the details but one point which concerns me is that Creation were not regulated by the FSA when the policy was administered in 2004.

 

Do you know who they were regulated by prior to the FSA or in fact how i may find out. I think it was the FLA but i want to be 100%.

 

Thanks

MC

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  • 2 months later...

Hello

 

I have been receiving bills from this company but i am never able to get anyone to answer the phones. i am unable to pay via internet because the website they provided does not exist. I cant pay by posting a cheque because they will never recieve it before Christmas and i will be charged £20. On phoning the computerized voice asked for my card details and now they are going to charge me another late fee. What should i do?

 

Rachel

 

Dear All

I have had several people help me on CAG's forums and I thought it time to give a little something back ;-)

 

I am an ex-employee of Creation Financial Services, well, technically, I am an ex-employee of the 3rd party company that Creation outsource ALL of their operational processes to - legal, call centre, customer service, correspondence, card production, statement production, history and transaction retrieval, projects, fraud. The lot !

 

I would be happy to share any information with you that you so require or answer any questions you may have. I worked for them for a good few years.

 

In my personal opinion, they had to be the worst employer I have ever worked for but that aside, (as it is technically irrelevant,) I am surprised that this company can continue to trade. The entire organsiation is a shambles and the FSA would have a FIELD day should it choose to audit it's compliance.

 

I hope I can help. Let me know.

 

Best regards

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That way you will attract more attention to your story and get more visitors and more help 

 

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