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Creation Finance - Full & Final Settlement problem

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  • Creation Finance - Full & Final Settlement problem

    In November I agreed a full & final settlement offer with Creation Finance for a credit card I had years ago. I was paying it off for years on a DMP, however my mother retired and give me money to pay off my debts. The debt was
    approximately £2700 and I made a full & final settlement offer of £800 over the phone. The creation employee on the phone said they couldn't accept this but he then came back and said that if I made a full & final settlement of £872 that they would close the account, mark it as partially settled on my credit file and not pursue me for the remainder of the debt. I was happy with this and told them I would arrange for the payment from my mother. I got this and called them back at the beginning of December and again reitered that this was a full & final settlement offer that had been accepted, the correct amount and the person confirmed this was definately the case (all calls are recorded and will state all this) I made the payment and believed that the matter was then resolved and I had no further outstading debts with Creation. I have just received a phonecall today from Creation saying that the people who dealt with me before meant to say that my full and final settlement was £872 OFF the total debt and that it should have in fact been approx £1700 that needed to be paid. They said that this amount was now still outstanding but they would be willing to put me on a plan to pay it off!! I said under no circumstances would I be entering any plan to pay it off, as far as I was concerned I had made the payment offer that was confirmed to me by 2 employees, this would all be recorded and that my debt with Creation was cleared. I advised that I will be seeking legal advice. They have said they will put the file on hold for 14 days while I seek legal advice. Obviously this is quite concerning to me as I believed I was debt free and do not want to pay back a debt I believed I had cleared. I am considering passing the matter on to my Solicitor, however cant afford legal fee's if Creation take it further. Does anybody know where I would stand. Could I defend this matter? Thanks
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  • #2
    Re: Creation Finance - Full & Final Settlement problem

    Can I also stress that Creation have said they are going to forward me a "Write off sheet" that will show what my Full & Final Settlement Offer SHOULD have been and this will show that the employee's who dealth with it got the figures wrong.

    Comment


    • #3
      Re: Creation Finance - Full & Final Settlement problem

      This sort of problem is the reason that debt advisors always say to get a full and final settlement offer in writing...

      I think you should put in a formal complaint to CF by email to their customercare department http://www.creation.co.uk/about-us/customer-care . Put COMPLAINT in the subject of the email.
      In this:
      - Ask them for transcripts of the relevant telephone calls.
      - Point out that their employee made an offer to you and you accepted this. You called back to double check the exact terms and they were confirmed. This is a legally binding contract which you expect them to honor.
      - say that your mother only wanted to provide the money if it would clear your debt in full.
      - Ask them to write to you to confirm that they have accepted your £872 as a full and final settlement, that they will not pursue you for the remainder of the debt and that they will not sell the remainder of the debt on to any third party.
      - Say you will be complaining to the Financial Ombudsman if they do not agree to this and also lodging a complaint with the FCA that they have not treated you fairly.

      Comment


      • #4
        Re: Creation Finance - Full & Final Settlement problem

        Thanks Debt Camel.

        I have took your advice and done this today, however I sent the complaint by post to Creation Customer Services. I might also send it by e-mail tonight. I have confirmed that I want a written reponse within 8 weeks or I will be passing the matter to the FOS.

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        • #5
          Re: Creation Finance - Full & Final Settlement problem

          Let us know what happens!

          Comment


          • #6
            Re: Creation Finance - Full & Final Settlement problem

            Can I suggest that you contact Creations Co Secretary direct
            john.mccullogh@laseruk.com

            Comment

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