Greenhalghs and Creation Financial Services

[scarletrose]

Hi I am posting on behalf of my friend who will register when she gets in from work, however in order to get the ball rolling I am starting this for her.

Okay she had a charging order put on her house on 20th May 2008 by Greenhalghs solicitors who are acting on behalf of creation financial services.

The debt including court fees is now £3619.85 cort fees £211.00 which the judge reduced from what the creditors were asking.

at the hearing no installment amount was set and she doesn't remember anything being said about the interest being stopped,

since the hearing Greenhalghs solicitors have contacted informing her that they will be charging interst the rate which was agreed in her original contract with creditor which works out to £2.54 per day. today she received a further letter stating that they want £25.00 per month

She is with the CCCs has been for over a year and been paying them £5 per month on her DMP this is all she can afford.

The amount of the debt when she first started with CCCS was £2442.00 and as you can see its loads more now.

I think this was all the info asked for please let me know what if anything else you need.

[scarletrose]

Re: Greenhalghs and Creation Financial Services

oooppss fogot to mention that she is filling in a N245 form but needs a covering letter to go with it
.................

[Paule]

Re: Greenhalghs and Creation Financial Services

Was there a reason this debt wasnt with CCCS?

What was the original debt for? Loan?
Are there any charges on this account?

PKea

[scarletrose]

Re: Greenhalghs and Creation Financial Services

possibly charges and yes the debt was with CCCS but they didn't like the offer of £5 per month hence thats why they went for charging order....... the original debt without charges she has no idea because, she can't find statements, she has been paying them £5 PER MONTH THRU CCCS
opps caps lock

[Paule]

Re: Greenhalghs and Creation Financial Services

SO she has done an I/E sheet through CCCS which Creation would have been sent a copy and they rejected the offer.

Is it only Creation that have rejected an offer?

How many others does she pay through CCCS?

[Curlyben]

Re: Greenhalghs and Creation Financial Services

So for starters we are looking at a nice breach of OFT collection Guidelines in NOT dealing with her appointed representative, ie CCCS.

s2.8c: refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money advisers

Now as you mentioned earlier the judge had said post CO interest could NOT be charged.
It would be great if we could see the actual judgement as this would be very helpful.

Also this appears to be causing her mental anguish as well so worth looking at Protection from Harassment Act 1997 s3 and Administration of Justice Act 1970 s40.

Oh dear they are going to get it gooooooood

Now as for her filing an N245 I'm not sure if it's actually needed in this case.
The DCA have been happy with the £5 for a year and yet they now chose to increase this 5 fold.
This is why the judgement would be important as I bet it has some good stuff we can throw at them. Especially if THEY want to increase payments then it is up to THEM to file the N245 for the adjustments.

Well there's some stuff for starters.
I'll check back later on.

[setmefree]

Re: Greenhalghs and Creation Financial Services

Lol you just love it Curlyben dont you...:tinysmile_grin_t:

[Curlyben]

Re: Greenhalghs and Creation Financial Services

Well someone has to keep these "people" straight.

Ps you want to click once in a while

[setmefree]

Re: Greenhalghs and Creation Financial Services

Well someone has to keep these "people" straight.

Ps you want to click once in a while

Thanks i wondered what that was

[scarletrose]

Re: Greenhalghs and Creation Financial Services

Okay right the judge never said further interest couldn't be charged during hearing, also no installment was set.

It was during a call to the court that they mentioned no interst should be charged.


I just read through the charging order and it says

The interest of the defendant in the asset describeld un the schedule below stand charged with payment of the sum of £3,619.85 the amount now owing under a judgement or order given on 12th january 2008 by the clerkenwell & shoreditch in claim no ******** together with any further interst becoming due and £211.00 the coosts of the application.

the costs are to be added to the judgement debt.

all the schedule says is the addrees of property is to be registered at HM land registry under title no. *****


Lastly the DCA never agreed or responded to the CCCS offer of £5.00 per month however the CCCS continued to pay this amount the payments started in June 2007. It wasn't until 11/10/2007 that she received a letter from Greenhalghs saying that they refer to a default notice issued by Creations saying you haven't paid the arrears in time the credit agreement is now terminated you have to pay £3196.00 immediately otherwise we take court action, this was the first she heard of them being unhappy, thought everything was okay because she was with CCCS,

next she receives a Claim form from from Clerkenwell cort, which she replied to but because the offices were closed over Xmas they said it wasn't received in time, and then default issued against her which she argued but they refused to listen, then they refused the installments of £5.00 on 10th march also saying that they will be going ahead with charging order.

I'm slightly confused, but this may make sense to you. All she wants is the installments set at £5.00 and the interst stopped, I thought the N245 did this ?????????????

I have copies of the paperwork and its all in a muddle ,but what should she do? what covering letter should she send with N245?

[Amethyst]

Re: Greenhalghs and Creation Financial Services

CCCS give people a false sense of security. The creditors don't have to abide by anything they offer - they are just intermediataries thats it.

Charging order wording is same as mine (my HFC claim was with cccs then they sued me and got charging order BUT I defended and got costs and daft 1k collection charge knocked off and I asked in that hearing for the installments to be set at same rate i was paying by cccs and that was set too by court)

Yes they can charge interest - she should still check original contract that the term allowing them to do it following ccj is there but i epect it would be.

I would go with the N245 redetermination and I/E, with evidence of payments so far @ £5.
I'm not sure what you mean by covering letter. The evidence for the redetermination should be on the N245 variation form.

I'll have a look at the others peeps have done lately and pop that up here. As part of that she can ask interest be frozen - the order specifically allows for it sadly.

I know Curly has some ideas on the CCA side of things.

[Amethyst]

Re: Greenhalghs and Creation Financial Services

This is sapphys redetermination application.

1. I am the DEFENDANT in this case.

2. I make this Witness Statement in support of my application to redetermine the period over which the debt be paid.

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.


4. On 19 July 2002 the Claimant wrote to the Defendant enforcing the guarantor liability totalling £xxxxxxxxxxx

5. On 30 July 2002 the Defendant replied to the Claimants stating that after a very acrimonious divorce and the sale of his former marital home he was left in a negative equity position, and therefore unable to make payment in full. A proposal was made for monthly repayments.

6. On 31 July 2002 the Claimant wrote to the Defendant stating that they were prepared to defer commencement of the repayment proposal until August 2002.

7. On 4 April 2007 the Claimant’s solicitors Cobbetts wrote to the Defendant requesting written proposals for repayment together with details in relation to income, expenditure, assets and liabilities. The Defendant replied to this letter on 26th July 2007.

8. On 6 June 2007 the Defendant wrote to the Claimant making an initial offer to pay at £25 per month until financial situation improved. The Defendant explained that due to redundancy, and a period of unemployment, he has started a small business, circumstances have left him unable to make higher payments.

9. On 14 June 2007 the Defendant wrote to the Claimant’s solicitors requesting a true copy of the Personal Guarantee.

10. On 3 July 2007 the Claimant’s solicitors Cobbetts XXX wrote to the Defendant stating that the offer of payment was unacceptable to their clients, and they were to commence court action for the balance outstanding.

11. On 5 July 2007 the Claimant’s solicitors Cobbetts issued a claim number XXXXX through Manchester County Court against the Defendant.

12. On 9 July 2007 the Defendant replied with the Acknowledgement of Service indicating that the Defendant intended to defend all of the claim.

13. On 31 July 2007 the Defendant wrote to the Claimant’s solicitors requesting further information under Civil Procedure Rule Part 18.

14. On 1st August 2007 the Defendant wrote to the Claimant’s solicitors reiterating the request of 14th June.

15. On 10 August 2007 the Claimant’s solicitors Cobbetts supplied the Defendant with the copy of the personal guarantee.

16. On 16 August 2007 The Defendant submitted his defence to Manchester County Court with an admission of liability and making an offer to pay of £250 per month, with a copy of his financial statement. This was copied to the Claimants solicitor.

17. On 20 August 2007 the Defendant received notification of Judgement in favour of the Claimant. The judgement ordered the Claimant to make payment in full totalling £xxxxxxxxxxxxx by Xxth September 2007.

18. On 30 August 2007 the Defendant wrote to the Claimant by fax, reiterating the his offer of payment and explaining that the Defendant did write to the Claimant on various occasions informing of new address and to make arrangements to pay but had received no replies to these communications. The Defendant also noted various attempts to open communication with the Claimants solicitors had been unsucessful.

19. On 30 August 2007 the Defendant wrote to Manchester County Court requesting redetermination of the payment period. This was copied to the Claimant’s Solicitors.

20. On 8 October 2007 the Claimant’s solicitors wrote to the Defendant to confirm they had applied for an Interim Charging Order on the Defendant's property.

21. On 9 October 2007 the Land Registry sent a B132 Notice to a registered proprietor of an application to enter an agreed notice on the Defendant's property.


22. On 4 October 2007 Basildon County Court wrote to the Defendant stating that:
The Defendants application to vary the judgement be listed at Basildon County Court on the 16th November 2007 at 10.30 am.

23. The Defendant agrees with a charging order being placed against his property at XXXXXXXXXXXXXXX address xxxxxxxxxxxxxxxxxxxx. This is his main residence and he resides there with his partner, Ms Sapphy, and operates his business XXXXXXXXXXXXXXXXXXXXXXXXXXX from the address.

24. The Defendant asks that payments be determined at £250 per calendar month..............etc ... A full financial breakdown is attached to this statement,
__________________

[Amethyst]

Re: Greenhalghs and Creation Financial Services

and this

Claim No XXXXXX

Dear Sir

Claim No XXXXXX

Dear Sir

As defendent in the above claim I respectfully ask the court to consider my request to redetermine the payment period applicable.

I would like to make it clear that it was never my intention to renege on this debt and by way of explanation I would like to point out that there have been a number of extenuating circumstances that I have endured which have placed a colossal financial burden on me, which include the collapse of xxxxxxxxxxxxxxxx Ltd and the subsequent loss of revenue that I suffered as a consequence of this.

The order (copy attached) asks that payment in full be made to the claimant by 20th September 2007 - the full sum payable is £XXXXXXXXX.

I am unable to make full payment of the debt within such a short time frame and would like the court to consider redetermining the period over which I repay the debt, for the following reasons:-

1. I would be forced to sell my current home at below market value. The income from the sale after repaying the mortgagee (Capstone Mortgages £125,000) and fulfilling my obligations under second charge already secured on the property (HFC Bank and Lloyds TSB inclusive) is liable to be less than the amount due under the order. I also would not be able to complete the sale within the timescale given.

2. The property is also the main residence of my long term partner, xxxxxxx.

3. I run a business from the property in partnership with xxxxxxxxxx. To move the business at this time would be a logistical nightmare and we would lose our customers and the goodwill that we have built up if we were not fully operational even for a few days. If we lost the business, we would both be out of work and at our age we would have little or no chance of getting another job with a decent wage. 4. During the last few years I have suffered with heart problems and have had three angioplasties, also I have had two strokes and had to learn to walk and talk again. My partner xxxxxxxxxxxx has had two heart scares, an eight and a half pound tumour which resulted in her having major surgery and most recently a breast cancer scare. To make us sell our home could induce further health problems.

I would like to make the following offer of payment towards the debt.

1. £250 per calendar month for 6 months to commence at the end of September or sooner if at all possible.

2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments. As the court will note from the attached N245 financial statement Section 8 Priority Debts will be cleared within the initial six months and I will then be in a position to increase payments of this debt to £500 per month and our intention is that within a further six months we will be in a position to increase payments to £1,000 per calendar month until the debt is paid in full.

3. I would like to request respectfully that the court permit the claimant to apply for a charge to be placed on my property to secure the debt.

Thank you for your consideration.

Yours sincerely

Les Lawnmower Man

[Amethyst]

Re: Greenhalghs and Creation Financial Services

and this

Claim No XXXXXX

Dear Sir

Claim No XXXXXX

Dear Sir

As defendent in the above claim I respectfully ask the court to consider my request to redetermine the payment period applicable.

I would like to make it clear that it was never my intention to renege on this debt and by way of explanation I would like to point out that there have been a number of extenuating circumstances that I have endured which have placed a colossal financial burden on me, which include the collapse of xxxxxxxxxxxxxxxx Ltd and the subsequent loss of revenue that I suffered as a consequence of this.

The order (copy attached) asks that payment in full be made to the claimant by 20th September 2007 - the full sum payable is £XXXXXXXXX.

I am unable to make full payment of the debt within such a short time frame and would like the court to consider redetermining the period over which I repay the debt, for the following reasons:-

1. I would be forced to sell my current home at below market value. The income from the sale after repaying the mortgagee (Capstone Mortgages £125,000) and fulfilling my obligations under second charge already secured on the property (HFC Bank and Lloyds TSB inclusive) is liable to be less than the amount due under the order. I also would not be able to complete the sale within the timescale given.

2. The property is also the main residence of my long term partner, xxxxxxx.

3. I run a business from the property in partnership with xxxxxxxxxx. To move the business at this time would be a logistical nightmare and we would lose our customers and the goodwill that we have built up if we were not fully operational even for a few days. If we lost the business, we would both be out of work and at our age we would have little or no chance of getting another job with a decent wage. 4. During the last few years I have suffered with heart problems and have had three angioplasties, also I have had two strokes and had to learn to walk and talk again. My partner xxxxxxxxxxxx has had two heart scares, an eight and a half pound tumour which resulted in her having major surgery and most recently a breast cancer scare. To make us sell our home could induce further health problems.

I would like to make the following offer of payment towards the debt.

1. £250 per calendar month for 6 months to commence at the end of September or sooner if at all possible.

2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments. As the court will note from the attached N245 financial statement Section 8 Priority Debts will be cleared within the initial six months and I will then be in a position to increase payments of this debt to £500 per month and our intention is that within a further six months we will be in a position to increase payments to £1,000 per calendar month until the debt is paid in full.

3. I would like to request respectfully that the court permit the claimant to apply for a charge to be placed on my property to secure the debt.

Thank you for your consideration.

Yours sincerely

Les Lawnmower Man

[Amethyst]

Re: Greenhalghs and Creation Financial Services

That give you an idea of the kind of thing to write ? If you have a go - as you know her circumstances - then we can pull it about a bit.