Itsme VS Creation Finance

[itsmeandonlyme]

Hello Albbyswife,

Not yet.....i have asked them to send me a copy of Agreement under CCA 1974...When they supplied me with all the info they have about me..i have only received the application form..and never copy of the agreement...they sent me a check(apparantly the fees thay charged me plus 8% but they do not want to refund insurance and they do not want to pay contractual)..so will see if they send me the copy of the agreement...u can get more info: http://www.consumeractiongroup.co.uk/forum/general-debt/74733-credit-agreement-application.html....

 

 

My CCA:

Dear Ms Mucklow,

 

With reference to the above credit account, would you please send me a true copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a true copy of a properly executed agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. As per Ms Cross’s letter dated 3/04/2007 “ we have provided to you a copy of your application form”, she confirmed that the form I have signed in store was only and application form that can’t be also an agreement between myself and Creation Finance.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation . If the request is not satisfied after a further calendar month, your company commits an offence. I require you to send the copy of the true agreement till 23/04/2007.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

 

 

 

 

Kind regards,

 

 

Maria

[terry1]

i have just sent off letter, to them i cut and paste the above, and sent it off recorded delivery, got a horrible phone call from a horrible rude man from creation, he demended the charges, i said' i have sent off a letter requesting how they can justfi the charges, he shouted, we arnt a bank we are a finance company so we can charge what we want, i said your still regulated by the same finiational bodies, i kept my calm i though he was going to blow up, i ended by saying, i feel your being aggressive and am terminating this phone call, good bye, i havent heard anything since. il see what happends with the letter, im trying to remorgage so i can pay them off, il never go with them for finance again.

[itsmeandonlyme]

Terry do not pay them anything as yet!! Have you got a copy of the agreement?

[terry1]

im not going to pay them any charges, im going to fight for it, but i will pay the missed dd, of £80

[itsmeandonlyme]

Just a quick update, CF sent me a copy of the application form on my CCA request...

I had sent them 2nd letter explaining tha i want a copy of the PROPERLY EXECUTED AGREEMENT...not an appliction form and attached that cheque... they have till 23/04/07..lets see

[hellhasnofury]

Just a quick update, CF sent me a copy of the application form on my CCA request...

I had sent them 2nd letter explaining tha i want a copy of the PROPERLY EXECUTED AGREEMENT...not an appliction form and attached that cheque... they have till 23/04/07..lets see

 

Hi Maria, how are you? Ooops hit the wrong button

[hellhasnofury]

Just a quick update, CF sent me a copy of the application form on my CCA request...

I had sent them 2nd letter explaining tha i want a copy of the PROPERLY EXECUTED AGREEMENT...not an appliction form and attached that cheque... they have till 23/04/07..lets see

 

Hi Maria, how are you?

 

I am in the same situation, being sent a application form rather than a credit agreement. At the moment I am about to cash my cheques for the mis-sold ppi, I am going to wait a few days till its cleared and then hit them with this one. Same company different account.

 

power to the people:p

[itsmeandonlyme]

Hi sweetie,

I had received the reply with attached application and refuse to refund PPI...I had send a cheque back, and rerequest a properly executed agreement...I am more than sure thay do not have it...I had been advised by some members of CAG to send the cheque back....Do u claim contractual in your claim?

 

 

Regards,

 

Maria

[itsmeandonlyme]

Oh well, the deadline has expired..and still no agreement copy....so they are in default....I am going to start preparing my POC than...))

[davefirewalker]

Hi maria

 

just been reading this with interest, and comparing it to your earlier stuff

 

you have come on a long way and are so confident about what you are doing or are trying to do. The advice you have been giving is first class, I wish you every luck.......though you wont need it

 

best rgds

 

Dave

[itsmeandonlyme]

oh...you made me shy now:)))i think i am going red ....glad you can't see it:))) I am so greatfull to you and Pam, Reidnet, Hellhasnofury......while we all claiming i found myself asking so many questions, reading loads, organising myself more...trying not to do as many mistakes as i did for 25 years:))))) so Thank you very much......

 

 

 

anyways, what do i do next? How can i default Creation?is it any template letter for it? or i just need to wait a month???or should i file a claim and include in my POC that the account was open whithout properly executed agreement?

 

 

PS: Just saw you reply to my other thread...))never mind..thank you for trying:))))))

xxxx

[terry1]

hello i recieved a reply to the letter i sent suggesting that there charges are unfair, they sent me a letter back today saying that there fees are fair and directing me to the turms and conditions,

they then suggested that as they are legitimate that i phone them and repay the amount that i owe, or they will take further action.

any ideas on what to send next

[mamatemi1]

Tell them that the account is now in dispute until they provide you with a copy of your properly executed CCA you are suspending payment. If they do not provide within 12 working days, they are in default. If that continues for another month, they will need to go to court to ask a judge to make you start paying again.

 

Please do not call them. Only communicate in writing.

 

Keep the faith, these guys trade on the fact that we are a bit afraid of them and are not sure of our rights, they reckon without CAG.

[terry1]

i want to continue paying the amount on the account, but not the charges any ideas on what to send,

what happend if i send this to them

[davefirewalker]

i want to continue paying the amount on the account, but not the charges any ideas on what to send,

what happend if i send this to them

 

WHY?

 

send them a s77-78 request under the cca1974, and until they comply they cant chase the debt.

 

they have 12 working days, then they are in default. a further one month and they have commited an offence. they cannot enforce the debt without going to court first.

 

if they cant supply any docs in this period I would say its unlikely that they have them.

 

NO docs......No debt

 

dont feel bad about that, they would steal your eyeballs out of your head if they could.

 

Dave

[terry1]

does this mean that , i wouldnt have to pay for the sofas , or just the charges

[davefirewalker]

if they havent got the agreement you dont pay anything...!!!!

 

Dave

[terry1]

whats the liklyhood of them not having the aggreament though.

[davefirewalker]

Pass.......you wont know if you dont ask

 

even if they do have one it may not be valid

 

It will cost you £1.00

 

is this to the original creditor or a debt collection agency?

 

Dave

[terry1]

where is the s77-78 cca 1974, i cant find it can somone cut and paste it for me.

how do i know if it isnt valid.

the letter is to creation finance

[davefirewalker]

Depends on how you feel

 

[i do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. ]

 

Or

 

[in an effort to fully understand my financial position, I am collecting and recording all my loans, bank statements etc, I do not seem to have a copy of the agreement for (acc no.) and now make a request that you send me a copy]

 

You must supply me with a true signed executed copy of the agreement . This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

 

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

If you really feel like going for them……..

 

[As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA 1974 and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.]

Yours faithfully,

 

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

 

Dave

[terry1]

amaising that you so much il get that printed off right now and sent off

then when they reply, il put what they say on here

[itsmeandonlyme]

you Go Terry:))) and Thank you to Dave again:))))

 

 

Just an update: re Copy of the Application, that nobody can read:)))supplied twice on the request of the properly executed agreement undder CCA

spoke to OFT today, the assistant open a file for me, she didn't know the answer, but will ask somebody to phone me back....She did confirm that even the copy of the application form must be illegible to read....so will see what OFT says tomorrow:))

[itsmeandonlyme]

Today received a call from Consumer direct that confirmed that they had passed the complaint to TS...and i should wait for a call or letter from them or TS....

 

Will see...

CF have to supply me the copy of agreement by the 10th do not think so...the copy is so owful...

[davefirewalker]

Hi maria....

 

if you think that one is bad.....have a look at this one

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-797446.html

 

not only is it AWFUL, they have signed ACROSS his signature box, in effect making it improperly executed and almost certainley unenforceable

 

Dave