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Creation financial Service county court claim form.PLEASE HELP!!

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  • #46
    Originally posted by R0b View Post
    Hello

    I'm sorry it's not clear what you are asking of us.

    It looks like PT suggested to you that you should not let the case be stayed for too long otherwise they have all the time in the world to gather the necessary documents / information and then apply to lift the stay on proceedings.

    It appears that you have not followed PT's initial advice and now you over a year later, you are in a position where Creation now have the necessary documentation to proceed with the claim are now asking the court for summary judgment.

    If you have been supplied with the information that your defence suggests were not provided at the start of proceedings,but now have them in your possession then what is it you need help with?
    I really appreciate PT advice and have been looking Legal advice to proceed the strike out application for me , but their charge is more than i can afford.

    They have been offer me a consent order before apply the summary judgment, but i just disagree the Notice of the agreement assigned and Default notice they send to me is acceptable?
    So I'm asking a help to look at the document to see is acceptable or not? to decide accept the consent order or go defend the case.
    Sorry for my poor writing.


    1.A copy of the Notice of Assignment attached without any Name, address and date on it.
    2. On Default notice :Credit Agreement between Me and Creation Financial Services/ Creation Consumer Finance
    But The claimant is Creation Financial Service Limited?

    Thanks rob



    Comment


    • #47
      I hate to say i told you so, but ...................

      Exactly what i predicted, i see this over and over. i really do not understand why people allow the creditor a free kick in the balls, but there we are.

      Ok not you have a part 24 application you need to deal with this, you may need to amend your defence, you willl definitely need to prepare a robust response to this application thats for sure.

      I can only see a limited amount of the application and witness statement do i am not sure of all of their grounds for judgment.

      I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Ptilley@wannops.com .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #48
        Originally posted by pt2537 View Post
        I hate to say i told you so, but ...................

        Exactly what i predicted, i see this over and over. i really do not understand why people allow the creditor a free kick in the balls, but there we are.

        Ok not you have a part 24 application you need to deal with this, you may need to amend your defence, you willl definitely need to prepare a robust response to this application thats for sure.

        I can only see a limited amount of the application and witness statement do i am not sure of all of their grounds for judgment.
        pt2537

        i upload all the document here

        I think their grounds is they have send me the agreement and default notice.

        My disagree is :
        1. I sign the agreement with Sygma bank UK not Creation Financial Service Limited (the Claimant)

        Claimant witness statement (15): On 03 July 2015 Sygma bank UK assigned its rights, title and interest in respect of the Agreement to the Claimant.
        Notice of the Assignmnet was sent to the Defendant in accordance with s.136 of the Law of property Act 1925.

        A copy of the Notice of Assignment attached but without any Name, address and date on it. I don't think this is acceptable to proof of Assignment send?

        Claimant witness statement (16).
        Default notice was issued on 23 July 2019.

        On Default notice :Credit Agreement between me and Creation Financial Services/ Creation Consumer Finance

        But The claimant is Creation Financial Service Limited. Is that alright?

        Thanks


        Last edited by cho11; 16th September 2021, 11:22:AM.

        Comment


        • #49
          pt2537

          I don't think i can draft a robust witness statement by myself to defence the case, also i can't afford the legal fee to get help, so i have no choice but to accept their consent order.

          Thanks again.

          Comment


          • #50
            Originally posted by pt2537 View Post
            I hate to say i told you so, but ...................

            Exactly what i predicted, i see this over and over. i really do not understand why people allow the creditor a free kick in the balls, but there we are.

            Ok not you have a part 24 application you need to deal with this, you may need to amend your defence, you willl definitely need to prepare a robust response to this application thats for sure.

            I can only see a limited amount of the application and witness statement do i am not sure of all of their grounds for judgment.
            pt2537
            Can you help me have a look before i sign the consent order back, please.
            https://drive.google.com/drive/folde...WO?usp=sharing

            The Claimant solicitor just respond my question about notice of the assignment (original agreement) and Default notice question.

            Point 2. Is the assignment acceptable by court to proof of notice send?
            Point 3. Default Notice mention Creation Financial Service and Creation Consumer Finance and Creation only. Can i challenge this?
            The Claimant : Creation Financial Services Limited.
            1. The agreement which is the subject of our client's claim was indeed originally made between you and Sygma Bank UK (Creation). However, as explained in the witness statement made in support of our clientís application, Sygma Bank UK assigned its rights, title and interest in the agreement to our client in July 2015.
            1. Our client has confirmed that notice of the assignment was sent to you in May 2015. Our client did not retain a copy of the original notice sent to you as they were automatically generated and sent to all account holders affected by the reorganisation within the Creation group of companies.
            1. A Default Notice would not have been issued by Sygma Bank UK, as it was only after the agreement was assigned to our client that you failed to adhere to the terms of the same, which resulted in the need for a Default Notice to be issued.


            Comment


            • #51
              Have you signed the consent order yet?
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment


              • #52
                Originally posted by R0b View Post
                Have you signed the consent order yet?
                Good Morning rob

                Not yet! still looking the information they send me.

                Comment


                • #53
                  Can't get access to the link, it's locked.
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment


                  • #54
                    Originally posted by R0b View Post
                    Can't get access to the link, it's locked.


                    Thanks rob
                    Last edited by cho11; 21st September 2021, 15:59:PM.

                    Comment


                    • #55
                      Originally posted by R0b View Post
                      Can't get access to the link, it's locked.
                      Thanks
                      Last edited by cho11; 21st September 2021, 15:58:PM.

                      Comment


                      • #56
                        I can't see anything particularly wrong that would prevent Creation from obtaining summary judgment against you. There are, possibly some technical arguments that you may be able to use but I am not entirely sure they have a great deal of strength. For example:

                        - You could argue the issuing of proceedings is in itself an abuse of process. There is a High Court case, Nomura International v Granada Group where it was determined that the issuing of proceedings was an abuse because it was intended to avoid a limitation defence. The judge did say in that case that the Claimant should be in a position to know the facts and evidence at the time the claim was issued and should not be used as a means to gather evidence along the way in the hope something turns up.

                        - There doesn't seem to be any evidence, other than the default and assignment themselves to prove that they were actually sent to you. No witness statement to back up who obtained that copy, screenshot of the account confirming that they were issued etc. What's to say they didn't just use their template letter and stick your name on the document?

                        These types of arguments are risky when you have nothing else to say, and if you go down that route then you will lose your opportunity to agree a Tomlin Order and potentially end up with a CCJ for the next 6 years if you can't pay the judgment amount off within one month.

                        The choice is yours but unless you can provide any compelling evidence to contradict what Creation have supplied, I think you are short of options. Maybe next time you find yourself in this situation, you will consider making that application to strike out the claim.
                        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        LEGAL DISCLAIMER
                        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                        Comment

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                        SHORTCUTS

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