Creation/Irwin 1a small claim Summons old BOS then GE Money Joint Loan *WON*

[24233513afw]

Many thanks Ida can't get the hang of the forum thought I had lost it as CitzenB asked me to post the blank CCA from creations and I couldn't remember where I had put it. (What would we do with out you all- Life savers)

[IdaInFife]

no probs maps £5 each, i'll send you an invoice with any charges add that i can think off

 

ida x

[24233513afw]

Nice one Ida - Love your sense of humour keep up the good work it helps us all at our most distressing times.x

[citizenB]

Many thanks for updating my thread citzenB (not sure yet how to bring things forward.

I have got someone to scan the blank CCA that I received from Creations for me so that you can have a peep at it and see what you think. It is completely different to the original one which was only one page.

THis was all copied on to A5 sheets of paper I have had to cut them down to A4 to scan.

 

Link to Page 1 CCA

Link to Page 2 CCA

Link to Page 2 CCA

Link to Page 4 CCA

 

MAny thanks for all your help and advice it truely appreciated.

 

Very nice. But all this proves is that they have some blank copies hanging around the office

 

On the first page, over to the right and down the bottom, where the narrow column is.. A date code.. ET7 (05/04)

 

So they havent even sent a blank form from the correct date.

[Fifer]

Seems like a standard credit agreement. If you signed it you agree to it's terms and conditions.

Can you explain enforceable lol are they insisting you take their money

[IdaInFife]

enforceable means can be enforced through courts

 

ida x

[24233513afw]

Hi citzenB cheers for having a wee lookie at that blank CCA I feel the same way however it just gives us people a bigger bit of reassurance if someone on here can clarify it for them.

Now as I said in my post yesterday they have sent me another letter (I dont have anyone here to repost up but if you go to yesterdays post about 19.27 you can see the letter. I was wonering what I should do now that seeing as this is the third letter they have sent me saying that this is a true copy.

Any pointers would be gratefuly received.

I tend to get scared :confused:when I go to bed and think about all this but when I click on to this magic forum and I get a little boost again which makes me again. THanks for being here and I am sure that goes for a lot of other people like me. Your other CAG's services are invaluable and I doubt if anybody would be ever be able to repay you all. x

[IdaInFife]

i'm getting confused ! lol

 

creation sent you the letter saying the do not have an agreement but here's what we thought it would look like?

 

ida x

[24233513afw]

Something like that Ida.... It doesn't take much for me to confuse people :confused:They sent me a 4 sepreate sheets of a Blank Copy I then wrote back to them with a letter you complied then they wrote back (Copies on yesterdays post 19.47 )as I said not sure what to do now do I just sit and wait it out. Wish I could transfer and link on this site it is so frustrating when you are not IT minded. I will get the hang of this site if it kills me

[citizenB]

i'm getting confused ! lol

 

creation sent you the letter saying the do not have an agreement but here's what we thought it would look like?

 

ida x

 

Exactly !!

 

 

24233513afw, I shouldnt worry too much about the letter they have sent. Full of stuff, I imagine that not even Creation believes or understands.

 

The fact is they have sent you a blank document, compounded the error by not even sending you one from the same period as the original account?

 

Personally, I would send yet again, the letter in the following link

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

I am not sure whether or not to advise you to include a paragraph that mentions the discrepancy in dates. IMHO, I wouldnt be so inclined.

 

Perhaps wait a day or so to see there are any other suggestions.

[citizenB]

Something like that Ida.... It doesn't take much for me to confuse people :confused:They sent me a 4 sepreate sheets of a Blank Copy I then wrote back to them with a letter you complied then they wrote back (Copies on yesterdays post 19.47 )as I said not sure what to do now do I just sit and wait it out. Wish I could transfer and link on this site it is so frustrating when you are not IT minded. I will get the hang of this site if it kills me

 

 

At the bottom of each post you will see 2 buttons marked QUOTE and [ " ]

 

The first Quote button is for if you want to quote just what is contained in that particular post. When you click on it, a new reply box opens with the contents of that post. You can edit out any stuff you dont particularly want included and if you want to add your own comments you make sure you type outside of the

markers either end of the post you have brought forward.

 

If you want to quote from a lot of posts, then you click on the [ " ] at the bottom right hand of each one. A new reply box will not open until you hit the new reply button. When you do, all the posts you have clicked on will be in the new post.

 

HTH

[Fifer]

Ah thanks Ida take it he defaulted on that agreement. I was getting confused lol.

[IdaInFife]

personally,

 

they have said they are not going to enforce it, i would be happy with that for now and just concentrate on any others

 

ida x

[citizenB]

personally,

 

they have said they are not going to enforce it, i would be happy with that for now and just concentrate on any others

 

ida x

 

Almost certainly that would be my thinking as well Ida. If they have said they are not going to enforce (and I missed that bit), then concentrate on the others.

 

Just make sure you dont lose or misplace that letter and blank form

[24233513afw]

they have said they are not going to enforce it, i would be happy with that for now and just concentrate on any others

 

Have I missed something somewhere.... I don't remeber seeing anything about them not going to enforce it.. pleaseeeecan you point me in the direction.

 

As they still have West Midlands Debt Collections hasselling me but I have also wrote to them now requesting that they get proof from Creations that they have sent me an enforceable agreement before they carry on hasseling me

 

Have tried to do the quote thing with ida's post... with the help of citzenB. (Hope it works).x

Edited May 23, 2009 by citizenB

[IdaInFife]

Hi

Me back again....sent creation finance a questional agreement letter 24th April recieved reply today(29th April) very quick didn't expect that!! here goes..... I can't post their reply as scanner not working trying so hard to get this fixed. Their letter said that

 

"So that you fully understand the Consumer Credit Act 1974 the regulator deem the enclosed document to be a true copy of the credit agreement entered into by you., so consequently a proper response. If you have any queries about this you can take independent advice from local CA, TSDept. or contact consumer direct.

 

We have no legal obligation to supply a copy of the original agreement. Under the Act a true copy suffices.

 

We acknowledge that whilst we failed to supply a copy of the original agreement we were not entitled to enforce the agreement as set out under section 78 of the act. We have not sought to enforce the agreement, however, interest continues to run and the debt continues to be payable. There is no provision in the act for the debt to be written off and you would still owe us the money claimed.

 

Section 78 requires us to provide within 12 working days a "true copy" of the customers agreement (which is the whole agreement without any indentifying items such as date address and signature) together with a staement signed by us or on behalf showing according to the information to which it is practicable for us to refer:

 

(a) the state of the account

 

(b) the amount, if any, currently payable under the agreement by the customer to us, and

 

© the amounts and the due dates of any payments which, if the customer does not draw further on the account, will later become payable under the agreement by them to us.

 

Should you require any further information please respond in writting to the Data Protection Dept at the address on the top of the letter".

 

ALSO INCLUDED WAS ANOTHER BLANK CONSUMER CREDIT AGREEMENT 1974 PHOTOCOPY.

 

On the terms and Agreements photocopy there is statement which says :

 

Card Protection Plan is a registered trademark of Card Protection Plan ltd. CPP is a registered trademark of CPP group plc reg. 2004.

 

This confuses me as I took this store card out approximatel 2000-2001. How can something be dated 2004 in 2000-2001.

 

Any help would be appreciated REMEMBERING THIS IS IN SCOTLAND AS I BELIEVE SOME LAWS ARE DIFFERENT - HAVN'T A CLUE WHAT THE DIFFERENCE IS.

 

 

in red from your post

 

ida x

[24233513afw]

Hi Ida

Me once again....last time tonight I promise.

You are wonderful and marvelous I missed al that in that letter I think because when the postman arrives I get that scarey butterfly feeling and I obviously didn't read the letter correctly. I shall just sit tight for now and concentrate on the others. I think I would have been in a mental instituition by now with a nervous breakdown if it wasn't for this site. Need to get a few pounds togther and make a donation need to keep this site ALIVE. Night Night for now and sweet dreams.x

[IdaInFife]

U too...... just remember that can't get what you ain't got !

 

 

ida x

[citizenB]

As they still have West Midlands Debt Collections hasselling me but I have also wrote to them now requesting that they get proof from Creations that they have sent me an enforceable agreement before they carry on hasseling me

If West Midlands are still hassling you then follow the route below.

1:

Copy the letter from Creation, highlighting the section Ida has pointed out. Copy the Blank Agreement only and enclose both with the letter from the link below and send to the OFT.

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

*************************************

2:

You then write to West Midlands Debt Collection, thus

Dear Sirs,

ACCOUNT IN DISPUTE

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

I am in receipt of your letter dated (whenever).

Please note this account is in serious dispute with Creations and as such your attempt to collect on this account is against OFT guidelines :

Deceptive and / or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair

2.8 Examples of unfair practices are as follows:

i) failing to investigate and/or provide details as appropriate, when a debt is queried.

k) not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

and

Physcial/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive

2.6 Examples of unfair practices are as follows:

h) ignoring and/or disgregarding claims tht debts have been settled or are disputed and continuing to make unjustified demands for payment.

I am therfore advising you that I have today made an Official COmplaint to the OFT.

Yours faithfully

The following link is for the OFT guidelines from where I took the above.

The Consumer Forums

 

Edited May 23, 2009 by citizenB

[24233513afw]

Hi citzenB were you up alnight complying this letter...where do you get all the info from.

I should have added I have only had one letter from West Midlands Debt Collections since I received these blank CCA from Creations. Since I have sent them the letter that ida complied I haven't heard from them since No Letters or Telephone Calls, although they don't seem to call you it appears I have only had letters from thiss company.

Do you think I should hang off until I hear again from them or just send your letter on Monday.

It shouldn't be scales that we are tipping it should be wings as all of you have been so kind on this forum you all must be angels in disguise.

Once again many many thanks for all your help and advice.x

Edited May 23, 2009 by 24233513afw
adding text

[citizenB]

Hi,

 

I have just saved a few links along the way.. mostly have used the information myself so can vouch for it.

 

If they arent bothering you at the moment then leave things as they are. Just save those links and letters and you will be ready for them should they wake up and start bothering you again.

 

Have a good weekend.

[24233513afw]

 

 

 

If West Midlands are still hassling you then follow the route below.

 

1:

 

Copy the letter from Creation, highlighting the section Ida has pointed out. Copy the Blank Agreement only and enclose both with the letter from the link below and send to the OFT.

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

 

*************************************

2:

 

You then write to West Midlands Debt Collection, thus

 

 

 

Dear Sirs,

 

ACCOUNT IN DISPUTE

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

 

I am in receipt of your letter dated (whenever).

 

Please note this account is in serious dispute with Creations and as such your attempt to collect on this account is against OFT guidelines :

 

Deceptive and / or unfair methods

 

2.7 Dealings with debtors are not to be deceitful and/or unfair

2.8 Examples of unfair practices are as follows:

 

i) failing to investigate and/or provide details as appropriate, when a debt is queried.

 

k) not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

and

 

Physcial/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive

2.6 Examples of unfair practices are as follows:

 

h) ignoring and/or disgregarding claims tht debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I am therfore advising you that I have today made an Official COmplaint to the OFT.

 

Yours faithfully

 

The following link is for the OFT guidelines from where I took the above.

 

The Consumer Forums

 

 

 

 

:rolleyes:Well citzenB it looks like WMDC have wakened up again I am going to use your letters as I have again received a letter from WMDC demanding payment after writting to them advising them to get clarification from Creations regarding blank CCA.

 

I shall be sending a letter to OFS and WMDC on Monday, will let you know what the outcome is.

Have a lovely weekend everybody enjoy the sunshine you all deserve it.

[IdaInFife]

you too

 

ida x

[24233513afw]

Hi

On this thread I posted up a Credit Agreement from GE Money which yourselves and I thought could be enforcable.

 

I have just been checking paperwork again and wondered what thoughts you would have with this scenario.....

 

On the posting #1 on this thread is the copy of agreement on this copy it has an account number and states its for my evans account but on checking my evans account it has a completely different account number on my statements and demands for money,

 

has anybody any idea how this could be as the numbers are extremely different and I have just noticed that the date on this agreement is signed and dated 26 jUNE 2009

 

i THINK THIS ACCOUNT WAS TAKING OUT IN 2003-2004.

 

I would appreciate it if anybody out there can have another look and comment.

 

As I cant understand why these account number should be so different and the date...well I cant explain that either.

 

Cheers everyone hope you have a lovely evening.

afw

[FlyboyAgain]

You need to post everything up, mate. Nobody can help until they actually see the stuff.