I am in the same boat as you .. I am at court next week ..

I am going to court next week and I am unable to attend, I am going to send my daughter to attend on my behalf, do you have any suggestion and should I write a statement for her to read on my behalf? If so what should I write etc??

I will post tomorrow you are great!

Dad, I can confirm that I attached a photo copy of the interim charging order. The Court Clerk said that is will be included at the new hearing ,because the Interim charging order court date is late March. Thanks and regards Kaz

Dad - Do you happen to know any solicitors who would deal with the above?

Dad, 1) I took my application to the County court and I was advised that I should Receive something in the post by next week I should attend a Hearing 14 days after that? Will I need legal council? 2) Apparently this County Court alone receives over 500 applications a day from people regarding Creation Finance. I cannot understand that nothing is done about them; so many court resources are being wasted on them. Apparently another person submitted an application against her CCJ with Creation and contacted Greenfield Solicitors to settle the CCJ and they wanted an additional large sum of money on top of the CCJ, which is against the law and if you settle the CCJ via the court the sum is the original figure. 3) I notice on this site that due to FSA ruling individuals got refunded PP Insurance, Which looking at my credit agreement, I have been charged for, do you know if this if correct? Do you think I should report them to FSA? BIG THANK YOU FOR ALL YOUR HELP. I will keep you posted Kaz

Dad .... (1)I have contacted companies house to see if their is a connection between Land of Leather and Creation Finance. (2) I am going to use the above format application and go to the court to hand it in tomorrow. I will keep you posted. BIG Thank you for all your advise.

Dad .. please could u check my application and also I do not have a copy of the ad. thk u Kaz

Who would send the default notice? the court? - should I change to 23rd Nov?

Dad ... I also received this today from my LOCAL Consumer Protection Inspector:- Thank you for your complaint to Consumer Direct. I am sorry to read of the problems with finance agreement relating to purchase of furniture from the above store. I note that whereas to begin with, this was advertised ‘interest-free’ in point of fact if not paid-off in full within the specified period, interest then accrues from the outset. The company gave previously a signed undertaking to the Office of Fair Trading (OFT) back in 2004 that it would refrain from advertising in this manner and would amend its adverts accordingly, in respect of which the latter then issued a Press release 129/04 dated 19th August 2004. Accordingly, I have raised the matter with our Team Manager, and for him to decide what action to take.

Dad .. I have updated, please confirm is ok to take to court? Part A 1. enter your name 2. i. Set aside the judgement in default entered on 07 Dec 2007. ii. Set aside the charging order made on 14 Jan 2008 iii. Execution of the judgment entered against the Defendant on 07 Dec 2007 be stayed pending a final decision on this application to set aside judgment. iv. The Defendant be allowed to file a Defence to these proceedings. v. The Claimant be ordered to provide the Defendant with a true copy of the original default notice and a break down of how each amount mentioned in that notice was calculated within 14 days. vi. Hearing of this application be stayed until 14 days after the deadline in v above. 3. The default notice issued by the claimant on 07 Dec 2007 is invalid. A valid default notice is required by S87 of the Consumer Credit Act 1974 before the Claimant may issue a claim. The lack of a valid default notice bars the Claimant from issuing proceedings and fatally undermines the claim form in this matter. 4. evidence in part C PART C: The Defendant took out a Regulated Credit Agreement 9th Feb 2006. Under the terms of that Agreement the Claimant is only entitled to the reasonable costs of arrears. The Defendant claims that the Claimant has added more than a deminimis sum in penalty charges to the amounts due under the agreement, prior to the issue of the required default notice. Due to the lack of detail in the claim, the Defendant is unable to particularise these penalty charges. An example of a letter detailing such a penalty charge of £25 is attached to this application. The Defendant is seeking an order from the Court for disclosure of the relevant information by the Claimant. These penalties are included in the default sum in the Default Notice issued by the Claimant on 23rd Nov 2007. In consequence it overstates the amount to be paid in favour of the Claimant. In accordance with the ruling of the Court of Appeal in Woodchester v Swayne & Co [1998] EWCA Civ 1209 (14 July 1999) such a default notice is invalid. Without a valid default notice section 87 of the Consumer Credit Act 1974 bars the Claimant from issuing proceedings When the Defendant took out the contract the Claimant misrepresented to the Defendant that the goods, subject of the contract, would be interest free for a period of a year. This was not the case. This matter is currently the subject of an investigation by the Defendant's local trading standards. The Claimant has been censured previously by the OFT for this activity. The Defendant contends this misrepresentation gives him the right to rescind the contract under the provisions of the Misrepresentation Act 1967

Dad .. Firstly I would like to thank you for all your help and I think you are great. I found a letter about the arrears and they charge me for sending the letter, an administration fee of £25.00, should I send this to the court?? The Jugment order was given on 7th Dec and 14th January 2007 the judge consider a intermin charging order application and I also received from Land Registry (5th Feb 2008) intermin charging order dated 14 Jan 2008 and finial order will take place on 19/03/08. Loan agreement ============ The loan agreement key finiancial informaiton - includes administration fee (any) on 09/02/07 and current fees for letter sent, arreas notication £30 total amount payable: Goods £699.00 SOFA - Interst free credit for one year AMOUNT OF CREDIT INSURANCE 227.96?? - I never took out any insurance? total amount of credit: £ 926.96 TOTAL AMOUNT PAYABLE (GOODS) £ 1322.32 TOTAL AMOUNT INSURANCE : £ 431.24? TOTAL AMOUNT PAYABLE: 1,753.56 Payments receievd: £97.42 - Unknow to me They cancelled my direct debit So should I take off the £1,753.56 from £ 2,183.06 CCJ or should I only include claimant re-issued admin chagres £ 110.00(as per CCJ) I am going to the court thurday to deliver the papers, please see below:- Part A 1. enter your name 2. i. Set aside the judgement in default entered on 07 Dec 2007. ii. Set aside the charging order made on 14 Jan 2008 iii. Execution of the judgment entered against the Defendant on 07 Dec 2007 be stayed pending a final decision on this application to set aside judgment. iv. The Defendant be allowed to file a Defence to these proceedings. 3. The default notice issued by the claimant on 07 Dec 2007 is invalid. A valid default notice is required by S87 of the Consumer Credit Act 1974 before the Claimant may issue a claim. The lack of a valid default notice bars the Claimant from issuing proceedings and fatally undermines the claim form in this matter. 4. evidence in part C PART C: The Defendant took out a Regulated Credit Agreement 9th Feb 2006. Under the terms of that Agreement the Claimant is only entitled to the reasonable costs of arrears. The Defendant claims that the Claimant has added £110.00 in penalty charges to the amounts due under the agreement. The Defendant asserts charges are punitive in nature; are not a genuine pre-estimate of cost incurred by the Claimant; exceed any alleged actual loss to the Claimant in respect of any breaches of contract on the part of the Defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant. As such the Claimant is not entitled to these amounts. The Defendant contends that the Claimant is claiming a sum far in excess of the amount in fact owing. These penalties are included in the default sum in the Default Notice issued by the Claimant on 7th Dec 2007. In consequence it overstates the amount to be paid in favour of the Claimant. In accordance with the ruling of the Court of Appeal in Woodchester v Swayne & Co [1998] EWCA Civ 1209 (14 July 1999) such a default notice is invalid. Without a valid default notice section 87 of the Consumer Credit Act 1974 bars the Claimant from issuing proceedings. Thanks and regards Kaz

If they are seeking a charging order you must have received the interim charging order notice and a date for the hearing I received that last week dated 19th Jan and hearing 19th march? why? what should i do?

If they are seeking a charging order you must have received the interim charging order notice and a date for the hearing I received that last week dated 19th Jan and hearing 19th march? why? what

Please note that solictors sent the below via email, I cannot not understand that GBP 699.00 interest free purchasd in Ferb 2006 and they want £3,225.57. Further to your request, the amount required to redeem our client’s charge as at 8 February 2008 is £3,225.57. This is broken down as follows:- £ 1. Judgment amount 2,183.06 2. Costs incurred in relation to charging order 489.92 3. Further contractual interest from date of judgment to 08/02/2008 174.24 4. Further costs since date of final charging order including costs to conclude 378.35 5. Less any payments received 0.00 Total 3,225.57 The daily rate of interest thereafter is £1.44. We confirm that upon receipt of the total amount due to our client in cleared funds, we will make the appropriate application to the land registry for the removal of our client’s restriction/notice. Payment may be made by direct transfer into our client account, details of which are set out below. If payment is to be made in this way you must confirm the transfer by fax on the day of payment, and you must quote the reference M0002034 on any notification or payment. Failure to do this will result in a failure or delay in allocation of the funds, which will affect your client’s liability for interest.