Creation financial/ Greenhalghs

[losingwilltolive]

Hello,

I am sorry but another issue i am trying to resolve....

Creation after getting a CCJ secured their judgement order for £4300 via a charging order---last year.

I had requested a statement from them regarding actual figures as i'd only paid approx £200 since then...

They have sent an amount owing of approx nearly £6600!!!!--

with loads of charges added onto it after the charging order was granted

Plesae can anyone advice s i am at my wits end again...

I am sorry if i have posted this on the wrong section but am desperate

thanks again

[42man]

I would start reclaiming those excessive charges.....however those extra fees could be legal / solicitors fees....

 

Send a SAR....to Creation...and enclose a £10 postal order and send it recorded...

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

[losingwilltolive]

Thanks again-- i am just beginning to realise that the sorts have charges i have paid i the past are astronomical---it is no wonder that i cannot seem to get myself on track.

I totally agree with you that the additional could be legal but when they applied for charging order the costs were supposed to be included

I will keep you guys informed but have to add that i'll probably be back for more advice as thanks to this forum i am now starting to go through all of my state,ments---so far i am shocked at the charges i have been paying out---

I guess this was my stupid fault for not paying my bills on time!!

[42man]

They have to provide the SAR within 40 days.....if they don't then send them a remineder, if you don't hear from them after another 14 days you can slap them in court....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

[losingwilltolive]

Hi,

just received a letter from solicitors and a 1page copy of the signed 'credit agreement- regulated by the consumer credit act 1974'

Nothing else---so is this all they are supposed to send to me and could you advise what the next step is??

Ps/ in the letter that accomoanied this 1 page agreement they have also stated right at the bottom ' Further costs will be added to the account should we have to enter into lengthy correspondence'

 

Hope someone can advice me again

thanks

[42man]

They are supposed to send you the terms and conditions from the date you took out the agreement.....however can you scan / photo what they have sent you and post it up here (minus the personal details) use Image hosting, free photo sharing & video sharing at Photobucket if needed and it's free....

 

This may also help you too...

 

CCA RULES FOR PRESCRIBED TERMS

CONSUMER CREDIT ACT

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment
  

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.

[losingwilltolive]

hi,

i have twice now scanned and saved as pdf to desktop---however, with that photobucket i cannot then find my saved PDF to upload

[creditcardmug]

I dont think you can upload pdfs to photobucket, it has to be a jpeg image.

[losingwilltolive]

Thanks--sorry been away for 3 days--

 

Situation has developed in that they will take their money in full when my home goes--

 

As i am now too lae --after the house has sold ceven though they have had all of their charges etc in full can i still satrt a claim or would it be a waste of time--

they don't seem to have all the documents etc and have added on massive charges...but at the moment they have won as they will get their money repaid in full when house completes

thanks again

[42man]

You must reclaim those charges LWTL !!!

[losingwilltolive]

Thanks 42man-- I will take the advice available here and pursue all of this---

as you've probably guessed i will very shortly lose my home as unable to keep up with arrears---have sold it cheap to start getting a life again-- but i feel aggrieved with all the over charging that i have suffered-

thanks for all your help--this forum has been a great help

[mandym501]

I'm not sure if this is the right place to ask this question - I'm pretty new to this

 

I have a loan that is settled and a credit card that is settled - can I still send for the agreements to see if they are enforeceable - they were taken out in 2000. If so and they are unenforceable can I claim back waht I have already paid them?

 

Thanks

 

mandy

[smouk]

Er, no - unless there was some aspect of misselling or unfair contract.

[creditcardmug]

I'm not sure if this is the right place to ask this question - I'm pretty new to this

 

I have a loan that is settled and a credit card that is settled - can I still send for the agreements to see if they are enforeceable - they were taken out in 2000. If so and they are unenforceable can I claim back waht I have already paid them?

 

Thanks

 

mandy

 

You would be wasting your time IMO