Help with Open and Direct (Creation finance) please

[weej]

Ive given quite a bit of advice over the past year on this site, and I'm praying I might get some back. Here's my problem.

 

I bought a suite from Land of leather 2 years ago and last year I ran over the "interest free" period. Fair play, my fault, so I had to pay the crazy interest rate.

 

Anyway...... About 5 or 6 months ago, my direct debit bounced so they charged me £30. I paid that. Then the next month they came in for more money than I expected, so again it bounced. Up til here it was my fault and I can accept that.

 

Having spoken with some very rude people at Open and Direct, I decided to let them contact me in writing if need be. I didnt hear anything.

 

I did however get some mail from Creation Consumer finance, which I treated as junk mail and binned, as I had never heard of them before. Big mistake. It turns out that this is the new name for open and direct!

 

Last week I got a letter from Greenhalghs solicitors saying there were now no repayment options and that they were taking me to court for the full amount. This morning, I got a letter from Wigan county court with details of their claim against me (form N1).

 

It is fair to say that I am now sh!tting myself as I have never had anything like this before. Help! what are my options? This has all happened over a 3-4 month period (from last payment to court letter).

 

Is there anything I can do to call off the dogs? They are claiming £2500 which I simply don't have, but could arrange some kind of repayment scheme.

 

 

Help Help Help please! :(

[weej]

bump.

[weej]

can anyone help me with this please? what do I do next?

[2020]

The very first thing I would do is to make sure that the agreement is legal

1. Were you given two copies of the finance in the store to take away or was one forwarded by post when the finance had been accepted? One of these must be signed by the store to complete the finace agreement.

2. Did you sign all four copies of the agreement (one is sent to the finance company and one retained by the store) ask for copies?

3. If you took out a warranty or PPP is it signed on the finance form and the box ticked?

4. Is the pre contract box ticked?

5. Did you have it delivered to the address on the finance form?

6. Does the amounts and up to what is on your order form price of suite, delivery ect ect ?

The only way forward if it is 100% legal is to be honest is come to some arrangement with them to repay it is very clear on the documents what the payment date is.

[suzieblooz]

Same thing happened to me. As you are in Scotland you can contest juristiction. In all the paperwork with the N1 form there is a bit to tick saying you intend to contest juristiction. Fill it out and send it off ASAP. You then have 14 days to submit your defence. (Basically that as you are in Scotland you want it heard in a Scottish court.)

I went to CAB, they told me to tick the form and send it off. However they never told me I then had to send off my defence. As I never did that the next thing I got was a CCJ for over £2000. I phoned Wigan court and told them about the mistake. They said CCJ would have still stood BUT as the judge is hearing a case to do with Scottish consumer law on Sept 28, they have put a hold on mine until then. My gripe with Greenhaughs is that I was paying through Payplan, they have all my income/expenditure, and can prove I am paying the maximum I can afford and taking me to court won't magic the money up out of thin air.

I know how worried you must feel, I was ill with worry, but it's not as bad as it seems. Go to your local court, they maybe can help you fill out the form. But you need to get it sent back, as they will go ahead in your absence and the next thing you know a CCJ has been issued. Good Luck!

[suzieblooz]

Here's the link to my thread http://www.consumeractiongroup.co.uk/forum/general-debt/91424-court-threat.html

 

Have a read at it has more info, and may be easier to understand than what I have tried to summerise above. The 2nd & 3rd pages are more relevent to the N1 form stuff.

S. x

[suzieblooz]

Hi weej - any update? How are you getting on?