andydd, I totally agree, I am pig sick of the mentallity bank have when they assume they can take what they want, when they want. Sadly we are living in a "Bank orientated" world and what they say, goes. Obviously, I have contacted my bank who have advised me to seek to reimbursment of their charge from Santander. Its the wording and the legality of what they have done I need to get right.

Fellow Caggers, Last month due to my own fault, my direct debit (dd) payment to Santander Cards was not not paid by my bank. After recieving the prompt letter from Santander I noticed that they were applying "a charge" to my next payment via my dd. I called them straight away and made the payment for the missed one. They told me that I would be charged £15 for mising the payment, I told them that I do not authorise them to take the charge and I also informed them that this was (in my opinion) an unlawful charge. This month I ensured that I had sufficient funds in my account for the regular dd, but not including the charge. I have just recieved a letter from my bank informing me that the dd has failed and i have now been charged by them. Santander did try do take my regular payment plus the £15, hence it not being honoured by my bank. Not sure if its worth mentioning but I never took the credit out with Santander, when I got my settee from DFS it was with another finance company whom i cannot remember just now. (I am not attempting to get out of paying this by the way) What do I do? Please help

Fellow Caggers, I am after some sound advice to nail Creation Consumer Finance Ltd (CCFL) to the wall. I had a loan with this firm for the last five year, it was taken out in troubled times when I bought a car from Carcraft. May I say at this point that Carcraft are not at fault in my argument here. After paying my Direct Debit (DD) successfully for 4 years and 11 month without a single missed payment, I changed my bank account. Having sent letters to all my associated companies whom I have DD with including CCFL, giving all firms more than 30 days notice to amend my details, I was confident to bank acount change would migrate successfully. Whilst monitoring my bank account on-line for the DD`s to be created, things were going well. The majority of DD`s were sorted well in advance of my prediction and I adjusted my bank accounts (new & old) accordingly to ensure funds were available. (SORRY TO GO ON, THIS GETS GOOD) A few days before the account cut over, which I had indicated to all the firms in the letter; I noticed CCFL had not created a new DD. I assumed that the old DD would suffice for this payment and left sufficient funds in my old account. They never took the payment. I have bank statements on both accounts and have checked with the bank. A few days later I recieved a letter from them stating I had arrears on the account, missed payments and I`m sure you seasoned Caggers out there have guessed "a £25 fee" for missing a payment. I called CCFL to clarify the situation and they confirmed they did have my new bank acount details but I had not given them enough notice to make the payment date! Odd that 13 other organistions managed it. I recieved another letter from CCFL stating that they would take the final payment on 13th November 2008 to close the account. They failed to take it, even in the knowledge that I had confirmed my account details to them (new& old) to avoid ambiguity. This occured in November 2008 and due to my curious nature, i checked with the credit reference agency (Experian) and amazingly it was indicating that I was one payment in arrears by three months! In my opinion this should be physically impossible as I was only "officially" less than one month behind with the payment. Since then I have challenged them on this for nearly two months and have incurred another 2 x £25 fees, one for writing me a letter and another for failing to inform them of my new phone number! I have had my phone number at the same address for 7 years. I have since made the last payment by debit card to clear any outstanding balance on the loan, but they have informed me that until I clear the remaining £75 in fees, the account will not be closed and they will pursue it. I am certainly not intimidated by these people and I certainly have no intention of coughing up £75 in unlawful charges. My Question to you guys/girls is, where do I go from here to closed this account for good? and more importantly for me is to get my credit file history sorted out? Sorry to go on but I wanted to give you a good picture of the situation. To date I have sent a SAR to CCFL (40 days up Monday) and have placed Experian on Notice. Hopefully, Balloon

Just got back from a dentist appointment this morning to find a card through my door from Moorcroft. Interestingly, it transpires that they are now attempting to pursue the same debt which Evershody were hastleing me for in 2007! Considering I can prove this debt is clear and Evershody did not have a Consumer Credit Agreement, I will be amazed and enlightened if they can pull a CCA out of their Buffonery Hat? CCA request has just been printed and will be sent this PM. P.S Eversloppy gave up on their plight as soon as I sent the CCA to them, odd that I wonder if these fools will?

Mods/Site Team.. Could one of the site team please move this thread to the Data Protection/Default area of the site?

Hi Bod, Could I just ask, why do you wish to get them as "unenforceable loans" ?

Just checked my Credit file again and Creation have now updated my records as settled and a balance of ZERO. I now have the battle of getting 6 months of "one payment overdue" removed. One small victory I suppose in them attempting to force me to pay over £125 in charges before closing the account, but I have been unlawfully branded by these fools for not coughing up It continues...

Pinkrox, welcome to the forums. Totally agree with bart, everything must be in writing as verbal correspondence is useless on both counts. Make sure that you send a Consumer Credit Agreement (CCA) they can be found in the templates library. Keep ALL letters safe for future use and most importantly, as bart said, dont let these fools wear you down. They prey on the weak and have no morals. This forum is here to help and we do have morals (and the law behind us) If they start to call you, make sure you log the time/date/who made the call. balloon

Just checked my credit file again (getting a habit now) and another month is showing as a "payment late" but they have changed the amount, E.g the amount has dropped by £25! As time is passing by and I wait for the SAR outcome, I am slowly gaining a poor credit record that in my opinion is defamation of character. As I know the SAR will expose the truth when compared to my bank records and CRA statement. Does anyone agree? I could do with some advice here guys.. More to come...

For anyone that is following this thread; I eventually had to sent a letter of harrasment to CCFL to stop their ridiculous calls, in the end I had to refuse to clarify my details so they would hang up. The calls have stopped. I have sent a SAR to them to expose their behaviour, I`m sure they will totally ignore the request and bury their heads in the sand. To be honest I`m not sure what I will do with the information if they do send it, but at least I will have everything they have on my file. To date they have not changed my credit file as I requested, which is my only plight now. Will keep the updates coming... next one in just under 40 days!

N1 it is, when will these firms stop acting like complete and utter highway-men? Sorry I`m lead to believe that highway-men were actually quite reasonable gentlemen! Go get em...

Any news Bookworm?

Hi intree, I also have issues with the Muppets at CCFL http://http://www.consumeractiongroup.co.uk/forum/other-institutions/179779-creation-consumer-finance-ltd.html Having found your thread, I can honestly say that the behaviour of this firm is nothing short of a disgrace. I can offer you nothing but support in your plight and rest assured that you will have your day with these low life scumbags, I am personally devoting ever spare minute I have to ensuring they get reported to the OFT and FSA. Since I have had my small issue with them, I have been astounded by their incompetence and complacency. Two thing the courts hate and this goes in your favour. Here supporting and following you. balloon.

Looking at the charges/fees on your account, I would firstly send Welcome a Subject Access Request (SAR) A template for these can be found in the templates library. Adjust it accordingly and ensure you enclose the nominal "mandatory" fee, also ensure it is sent recorded delivery to them and keep everything duplicated on a file at home. Before you can see what you are behind with, you need to see what they are holding on file for you. A SAR will do just that. balloon

Anybody?

Bookworm, With your prolific history of successful claims I will follow this plight with eyes wide open... Good luck. "Out the way Kays, bookworm is coming through" balloon

Hi there, Could you be a little more clear as to what "charges" you are trying to recover? as looking at the ones you have shown, they appear to be a little vague! What were these charges relating to? a loan/finance etc? and where are these call charges being shown? on a statement? balloon

Texanbar, Customer Relations Manager, The Royal Bank of Scotland, Freepost, PO Box 1727, Edinburgh, EH12 9JN Hope this helps? Balloon

I have signed that one, nice work BENIGN01 Must say that after the FSA have shined with regulating the banks since 2004 under a government directive , I wont be holding my breath for improvement. Balloon

Hi there, worriedunemployedandinsebt. Lots of nice, friendly, clever people on here. As usual the "Big Bank" friendly approach has someone else in a state. You are in control of your finances, its just the banks have a knack of making the situation worse and lower your self-esteem to a point lower than low. Top Tip; dont let them Use people on here and things, in time will sort themselves out. No one on here will judge you. Balloon

Fellow Caggers, I am after some sound advice to nail Creation Consumer Finance Ltd (CCFL) to the wall. I had a loan with this firm for the last five year, it was taken out in troubled times when I bought a car from Carcraft. May I say at this point that Carcraft are not at fault in my argument here. After paying my Direct Debit (DD) successfully for 4 years and 11 month without a single missed payment, I changed my bank account. Having sent letters to all my associated companies whom I have DD with including CCFL, giving all firms more than 30 days notice to amend my details, I was confident to bank acount change would migrate successfully. Whilst monitoring my bank account on-line for the DD`s to be created, things were going well. The majority of DD`s were sorted well in advance of my prediction and I adjusted my bank accounts (new & old) accordingly to ensure funds were available. (SORRY TO GO ON, THIS GETS GOOD) A few days before the account cut over, which I had indicated to all the firms in the letter; I noticed CCFL had not created a new DD. I assumed that the old DD would suffice for this payment and left sufficient funds in my old account. They never took the payment. I have bank statements on both accounts and have checked with the bank. A few days later I recieved a letter from them stating I had arrears on the account, missed payments and I`m sure you seasoned Caggers out there have guessed "a £25 fee" for missing a payment. I called CCFL to clarify the situation and they confirmed they did have my new bank acount details but I had not given them enough notice to make the payment date! Odd that 13 other organistions managed it. I recieved another letter from CCFL stating that they would take the final payment on 13th November 2008 to close the account. They failed to take it, even in the knowledge that I had confirmed my account details to them (new& old) to avoid ambiguity. This occured in November 2008 and due to my curious nature, i checked with the credit reference agency (Experian) and amazingly it was indicating that I was one payment in arrears by three months! In my opinion this should be physically impossible as I was only "officially" less than one month behind with the payment. Since then I have challenged them on this for nearly two months and have incurred another 2 x £25 fees, one for writing me a letter and another for failing to inform them of my new phone number! I have had my phone number at the same address for 7 years. I have since made the last payment by debit card to clear any outstanding balance on the loan, but they have informed me that until I clear the remaining £75 in fees, the account will not be closed and they will pursue it. I am certainly not intimidated by these people and I certainly have no intention of coughing up £75 in unlawful charges. My Question to you guys/girls is, where do I go from here to closed this account for good? and more importantly for me is to get my credit file history sorted out? Sorry to go on but I wanted to give you a good picture of the situation. Hopefully, Balloon

Mods, If you think it applicable, could you move this thread to Data Protection and Default Issues please? I have just read Bankfodders thread and feel this one is better placed there. balloon1435.

Halifax response to my rejection of their feeble letter: Dear Balloon1435 Thank you for your letter dated XX XX 2008. As advised in our letter dated Xth August 2007 we have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with unarranged overdraft bank charges complaints. Until the bank’s legal proceedings with the Office of Fair Trading (OFT) are concluded we will not issue or respond to any further communications received from you (or a chosen representative) on this matter. We can assure you that your complaint has been registered and will be resolved as quickly as possible once the bank’s legal proceedings with the OFT are concluded. We will keep you updated appropriately about the proceedings with the OFT and you can also check the latest position on our website. Yours sincerely Name provided Customer Relations Manager Customer Relations I think, maybe, they are a little frustrated:grin: N1 goes in Monday. balloon1435

Any more news flower5? balloon1435

Hi aliboy, Going by how easy Halifax were with you, MBNA were not too much trouble. I followed a strict timeline which they were rubbish at keeping on-line with, they kept trying to call negotiate a lower price but I stuck to my guns and they settled the full amount plus interest. Going against the grain slightly I did have to call to speak to a customer advocate officer at the final hurdle, he actually sorted the "goodwill" payments out. It might be worth the odd phone call from you after you have identified the amount plus interest. First thing, Have you submitted your SAR? balloon1435