Greenhalghs and Creation Financial Services

[scarletrose]

Re: Greenhalghs and Creation Financial Services

Okay she has had a reply to the above letter. What is the next move should she do the N245, or agree to it? Any ideas much appreciated.

[Curlyben]

Re: Greenhalghs and Creation Financial Services

Well they are trying to say this is in the agreement.
So time to CCA the SOB's
Get the whole agreement and T&C's as I'm sure they are telling porkies here.

[scarletrose]

Re: Greenhalghs and Creation Financial Services

CCA them?

they don't have a copy of the credit agreement, so how can she go about getting a copy?
What if it is in the agreement?

[Curlyben]

Re: Greenhalghs and Creation Financial Services

Also it ISN'T normal to be granted contractual interest AFTER judgement.
Normally it is interest UP TO the judgement date and no further.

Has she been in touch with the CCCS about this response ?

[scarletrose]

Re: Greenhalghs and Creation Financial Services

not as far as I know, she only got it yesterday, I didn't think to ask her.

[Amethyst]

Re: Greenhalghs and Creation Financial Services

how about getting a copy of relevant T&C's from the period from original creditors if they dont have the cca ?

[scarletrose]

Re: Greenhalghs and Creation Financial Services

okay should she send template letter no#14 asking for a copy of the CCA

the CCCS say she should do the N245 but I told her not to send that, because we were doing the above letter! Hmmmnn confused, should she now do the N245?

[Amethyst]

Re: Greenhalghs and Creation Financial Services

Yes send the CCA letter

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

Your Address

Date

Company Name
Address
Dear Sir/Madam

Ref:− Your Reference

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

Your Name






To Greenthings and to the original creditor (CFS) - actually hold on a bit we should add something about the interest element too. Curly in same letter or seperate letter ?????

[Curlyben]

Re: Greenhalghs and Creation Financial Services

I'd be inclined to send my CCA (of course I would)

Gives more detail.
Consumer Credit Agreements - A Guide - Legal Beagles post #

[scarletrose]

Re: Greenhalghs and Creation Financial Services

Do you mean this one? but with changes?
And like Ame said do they add something specific about the interest?

Also should it mention the £25 payments that they want?


Originally Posted by FULL CCA
Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY (should this be .We don't acknowledge any further interest being added)?

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

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.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT (Interest)AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

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.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. not sure on this bit?

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment. (or this bit, as all the correspondance from them has been written)
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[Curlyben]

Re: Greenhalghs and Creation Financial Services

This is certainly worth a read: County Courts Act 1984 (c. 28)

s74 kind of stuffs them up.
Unless the judge ORDERED post judgement interest they CANNOT add it !!!

[Amethyst]

Re: Greenhalghs and Creation Financial Services

sorry scar we lost the attachments - if you get time can you pop them back up (sorry)

I seem to recall the original judgement included the provision for interest (as specified on original agreement for post judgement payments)

The agreement does need checking tho before you go to any variation application

[scarletrose]

Re: Greenhalghs and Creation Financial Services

Blimey Ame well remembered you have remembered more than me, okay will put them back up and thank you xxxxx

[scarletrose]

Re: Greenhalghs and Creation Financial Services

okay the attachments I hope this works lol

[Amethyst]

Re: Greenhalghs and Creation Financial Services

There - first attachement - ''together with any further interest becoming due...''

This allows them to add interest on to the judgement debt as specified in the original credit agreement.

Doesnt sound like the court has seen the original agreement any more than you have though so you do want a copy of it, or of a typical agreement terms when the credit was first taken out.