Creation Consumer Finance Ltd (arrrrghhh!)

[marts_uk]

im currently unemployed and i am just over £200 in arrears with them with an outstanding balance of £470, they have recently sent out a letter charging me £25 just for that (sick!), ive explained to them 3 times in the past month that im unemployed but they dont seem to care or listen all they are doing is demanding the £207 arreas, they said the best they can do is split it over 3 months but i cant afford that because i will be paying £50 plus the £50 i already have to pay each month, what can i do?

 

also i mentioned to her that i will be claiming all charges back, she then said well how are you going to do this mr daniels, i said ive done it with a couple other credit companys and she said i cant do it with them because its in their terms and conditions, is this true?

[lickthewallfatboy]

as if T&C's were not subject to UK law....

 

go for it!

[paddy926]

hi Mart, My girlfirend has just had a sucessful claim from Creation Finance for £320! She just sent 2 letters and then they coughed up. They now in fact owe her £40. What you need to do is also fill in a budget planner via national debt line send it off and plead poverty, she did this too and got her interest stopped, no more phone calls, no more 25 quid letters and her monthly payments reduced to £3.62 whilst she claimed back the charges and cleared the account. If they can see that you physically have no money then they cant have what you aint got.Fill the budget planner in and send it off if you are sure of claiming your charges back, you will get a result in the end.

[dad]

Marts,

 

If you have a standard Creation agreement then Schedule 2 of the Agreement contains the terms of the contract. The only term of the Agreement relating to additional charges appears to be term 1(a). Term 1(a) of the Agreement reads as follows:

1.(a) You shall on the signing of this agreement pay the deposit(s) (if any) and you shall pay us the instalments on the dates specified in the Financial Particulars box in Schedule 1. Punctual time of payment, and compliance with your obligations, is of the essence of this agreement. Unless otherwise specified in this agreement, all instalments must be paid by direct debit. Any reasonable costs, including arrears letters, legal, collection and enquiry costs incurred by us in endeavouring to locate you or to collect any unpaid and overdue instalments shall be paid on demand.

I believe that the qualifier ‘reasonable’ creates a duty, in addition to the common law requirement to minimise losses, to disclose to the you the elements making up the cost and to satisfy you that the cost does not include any unreasonable elements.

 

HTH

 

Dad

[marts_uk]

so can i claim against these "dad" ? sorrys its just im not the brightest guy on here lol

[dad]

Marts,

 

Yes, they are subject to the same laws about penalties as banks. Further the contract, if it is the same as the one above, specifically says they can only recover 'reasonable costs'.

 

It is for them to prove that £30 is a reasonable cost. If you write and ask them to break down the costs that make up the £30, a court might well regard a refusal to do so as a breach of contract.

 

This gives another route of attack in addition to the unlawful penalties argument.

 

Dad

[Gez]

Are these the guys based in Belfast? I beat them twice last year

[LAND OF LEATHER]

Please can u help me, I purchase GBP 699.00 a sofa from Land of leather Feb. 2006 and was not delivered until May 2006(interest fee for one year. Credit agreement was with Creations. I signed a standing order and assumed the sofa was paid for. Aug Sept 2007 I received a letter from Creations saying that I had cancelled my direct debt (I never canelled the DD, from this site other people have had their DD cancelled. I was so shocked they told me I owed GBP 1,500.00. I wrote asking why and they reply in Sept 2007 with a copy of my credit agreement. I agreed to the repayments and they sent out a letter confirmation and three weeks later I received a letter from their legal saying my contract had been terminated. Dec 2007 I received a letter from Court that a CCJ had been put against my name and the debt had gone up to GBP 2,200.00, I sent back to the court disagreeing, but received not reply. January Creations emailed agreeing to repayments and 7th Feb 2008 I received a letter from the Land Register say that Creations are put some notice on my house. 8th Feb I contacted Creation and I

Just want to clear this mess, I cannot sleep, I work for a financial institution and I can lose my job if I have CCJ against my name. Creations confirmed that my debt is now GBP 3,200.00 if I settled they would remove the Land register, but were unable to remove the CCJ. PLEASE CAN YOU POINT ME IN THE RIGHT DIRECTION.

[dad]

Please can u help me

 

Land of leather,

 

As I said in reply to the PM you sent. You need to start your own thread, giving all of your details, including: Did you attend the hearing when the CCJ was made or was it a judgement in default? Did you receive any paperwork from the court before the judgement?

 

If the amount claimed by Creation includes penalties then you may be able to set aside the judgement on the basis you have a defence to part of the claim. All of this can be discussed on your own thread. - but be quick as there is only a limited amount of time after a judgement to apply for a set aside.

 

Dad

[LAND OF LEATHER]

No I did not attend CCJ hearing ... also I have posted thread messge under Land of Leather Con - Creations. I am waiting for the trading standards office to contact me. What Do you thin I should write on the court application to remove my CCJ?

[LAND OF LEATHER]

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.

[cjg1971]

I cannot comment about the legalities of this particular case but I would like to vent some frustrations about Creation Consumer Finance.

 

In 2006 my mother purchased a washing machine on a pay-within-a-year deal. The cost of the washing machine was £447. When she contacting the retailer about how to settle the outstanding amount she was told that she was two weeks too late to settle, and as a result was tied into a 4 year credit agreement with Creation Consumer Finance.

 

After paying £30 per month DD for two and a half years to Creation Consumer Finance, she recieved her first statement this week (Nov 2009, yes her first statement in two and a half years!) from these guys stating she still owed nearly £600. So that's 30 mths x £30 = £900 plus nearly £600 = £1500 for a £447 washing machine!

 

She decided to pay £440 to completely clear the debt in a one off payment at least saving £150ish on interest.

 

Mum was in tears when she told me about what's happened, and whilst I don't doubt that Creation Consumer Finance act within the law, I cannot help but feel that they are parasites that pray on vunerable people who don't understand how credit agreements and APR work, and who trust such companies to act reasonably. Mum had the funds to pay for the washing machine in 2006, but was awaiting the bill for my Dad's funeral so thought that waiting for just a year would prevent her from over extending her finances at a difficult time.

 

I don't know if it's law yet, but I feel strongly lenders should be forced to make it crystal clear how much people will have to repay in full instead of offering seemingly reasonable credit agreements. Also they should be responsible for providing monthly statements of how much is still owed by the lender. Had my mother known this she'd never have risked having to use Creation Consumer Finance and would have avoided them like plague! (Something I'd strongly advise everyone to do!).