Creation Finance

[Hurricane Puffrose]

we are in a DMP and have been for a while.

Creation Finance are now calling us up to 4 times a day asking for hubby wanting more money and refusing to speak to our DMC.

We have taken to saying "CALL *insert company name*" parrot fashion until they put the phone down!

[Kati]

Re: Creation Finance

Put them 'on hold' and leave the phone on the side until they hang up (I wouldn't even bother talking to them after I found out who was calling) :tinysmile_twink_t2:

Seriously though ... have you told your DMC about it?? I'd be tempted to put in an official complaint via my MP!!

[Amethyst]

Re: Creation Finance

Who's your DMP with?

[Hurricane Puffrose]

Re: Creation Finance

company is called Lawrence Charlton, and they have advised us to keep telling them to call them.

Make that 5 calls today, hubby is going to call LC again and said look, you are meant to be stopping these calls!

I have revoked all permission to use my phone and will contact TPS if they dare to call again, I told the bloke on the phone who just said "Yeh but can I talk to Mr Puffrose please?!"

[Amethyst]

Re: Creation Finance

Okay, was just checking it wasn't one of the DMP's who are collapsing like domino's at the moment. LC seem quite safe (tho I'd still barf at paying their fees when StepChange can do the same thing)

[Fred]

Re: Creation Finance

http://www.amazon.co.uk/s/?ie=UTF8&k...sl_s6tluhxmh_b

Got one of these myself..........................I don't speak to anybody who does not follow the procedure or who I do not recognise it was for when one was working nights & it was so effective I kept it on all the time does the job superbly

[Nibbler]

Re: Creation Finance

To be fair, the DMP provider can't force creditors to not behave in this way.

They can try. They can complain on your behalf, but ultimately with barstewards like creation there is only so much they can do.



I would perhaps write making a formal complaint direct to creation that they are breaching FCA rules by.

(a) Bypassing your appointed representative, against: http://fshandbook.info/FS/html/FCA/CONC/7/12

(b) Ignoring your reasonable wishes regarding contact, and making excessive frequent attempts at contact, against: http://fshandbook.info/FS/html/FCA/CONC/7/9b

(c) Pressuring you to increase payments when you cannot afford to do so, against: http://fshandbook.info/FS/html/FCA/CONC/7/3

and also

(d) Harassing you due to the frequency of the calls and the fact that there is no matter to discuss, as you cannot increase payment to the detriment of your other creditors in the DMP.

That in the case of Roberts v Bank of Scotland plc and another [2013] All ER (D) 88 (Jun) in the Court of Appeal.

The court concluded that:

(1) The existence of a debt did not give a lender the right to bombard the debtor with calls. It was for the debtor to decide whether they wanted to discuss the matter with the creditor.

(2) In respect of the harassment appeal, the claimant had made it perfectly clear that she had not wanted to speak to the bank, and she had been perfectly entitled to do so. Once the bank had phoned a few times, it had been clear that no progress was to be made. Further calls had been futile and should have been stopped. The judge had been right to characterise the calls as intimidation and they had been wholly unjustified. The court concluded that:(1) The existence of a debt did not give a lender the right to bombard the debtor with calls. It was for the debtor to decide whether they wanted to discuss the matter with the creditor.

(2) In respect of the harassment appeal, the claimant had made it perfectly clear that she had not wanted to speak to the bank, and she had been perfectly entitled to do so. Once the bank had phoned a few times, it had been clear that no progress was to be made. Further calls had been futile and should have been stopped. The judge had been right to characterise the calls as intimidation and they had been wholly unjustified.

(e) that the FOS consider it 'unfair' for them to continue with phone calls when requested not to do so.

(f) probably breaches of other codes that escape me just this second.

So that you will be reporting their conduct to the FCA, and require that they treat this as a formal complaint under the procedures set out by the Financial Ombudsman (FOS).

[Hurricane Puffrose]

Re: Creation Finance

I am an IDIOT!

I pay for a call barring service with Sky *doh*

guess whos been added to the BLOCKED list?!?

[Nibbler]

Re: Creation Finance

That works as well.

[Hurricane Puffrose]

Re: Creation Finance

i have also sent them an email saying phone me if you dare, plus emailled the FCA regarding harrasment.

naaaaaaaaaaaaaaaaasty cow arent i?!?!

[Fred]

Re: Creation Finance

i have also sent them an email saying phone me if you dare, plus emailled the FCA regarding harrasment.

naaaaaaaaaaaaaaaaasty cow arent i?!?!

No..........................its a nasty world & you just want to keep your sanity

[Amethyst]

Re: Creation Finance

Write to them formally (ie in an envelope) asking them to stop telephoning you. Have a look here http://www.legalbeagles.info/forums/...772#post369772 for a starting point. Of course you need to put in about the DMP etc.

[Nibbler]

Re: Creation Finance

Write to them formally (ie in an envelope) asking them to stop telephoning you. Have a look here http://www.legalbeagles.info/forums/...772#post369772 for a starting point. Of course you need to put in about the DMP etc.

Just went looking for that letter, but didn't occur to me to look in the announcements section. :doh:

[Amethyst]

Re: Creation Finance

Aye I'll put a copy in the library, I was just looking at Roberts v BOS for something else and came across it....lol.

[Hurricane Puffrose]

Re: Creation Finance

reviving this thread, cos to be honest i am disgusted with Creations attitude!

The calls have stopped but they have "disallowed" my complaint to them because

"To explain, we can contact you as many times until we get a response from you. Once your account has been discussed we will then stop calls. Our Collections Department dialler calls start from 8:00am-21:00pm, and we are regulated to make calls during these hours to all numbers provided on our system.”

To summarise, I can confirm that the case handler has taken the concerns raised into account when assessing your complaint, and reached the decision not to uphold based on all the information available to her."

the fact they had spoken to my husband who said he would not speak to them but to contact the DMC apparently is irrelevant!

i waited 8 weeks to get this answer by the way I am sure they are not allowed to call you as often as they want, especially when they know you are in a DMP!