Creation Finance

shannon321

We have had three loans with Creation Finance and two have beeen paid off early. However, hubby's work as fallen off the planet and we were forced to go to MABS (great people by the way). I duely wrote to all concerned and got a very reasonable response from all - except Creation Finance.

Here is the full story:-

9th July - Wrote to Creation Finance, standard MABS letter (couldn't find my original contract, but having had three loans with them before, it wasn't rocket science, I knew I had a customer number, no change of address etc).

27th July (12.20) - Got a phone call from CF, I explained everything and the lady gave me my contract numbers etc. She told me that charges and interest would be charged until they received the confirmation from MABS

30th July (11.20) - Got another phone call from CF, I repeated the conversation that I had on the 27th and the lady wasn't too polite, not rude, but not polite especially when I explained that I couldn't get an appointment with MABS until the second week of August as the lady at MABS was on a well deserved holiday

31st Jult (09.28) - Got another phone call from CF, this time mechanical, I went through the motions of pressing various numbers until I got to the end when the mechanical voice asked me to make a payment, at which point I hung up.

I then checked my rights as a consumer regarding MABS and debt situations and found that I did not need to answer any further phone calls for a month, as it is then classed as harrassment.

This is the list of calls I received but did not answer.

1st August 11.32: 11.50: 11.55: 12.15: 12.16: 13.00: 13.02

2nd August 08.50: 18.40:18.50:19.05: 19.15

3rd August 09.50: 10.00: 10.12: 19.55

4th August 09.10: 09.20: 09.30 (BANK HOLIDAY)

5th August 08.48: 09.00: 09.10: 17.27:17.37: 17.47

In the meantime, I wrote to them on the 31st July, with the account details FULLY explaining AGAIN my position and quoting them the dates and times of the 1st three phone calls.

I then received a letter from the on the 2nd August, again demanding money. I wrote by return explaining everything and listed all the phone calls they had made upto and including 2nd August. I also pointed out that I will be contacting the Office of Fair Trading and that I would pursue them for harrassment as doggedly as they were pursuing me and my actions would be legal.

I then received another letter stating they would send someone round to my house to collect the money, if I hadn't paid within 10 days. This was the 6th August.

I can only assume that the letter I sent on the 2nd August got to the right department as you can see the phone calls stopped by the 6th August.

I am writing this to support anyone in a similar situation

DON'T KNUCKLE UNDER TO THEIR BULLYING TACTICS.

They are operating outside of so many rules and laws its scary.

I have reported them to the Office of Fair Trading in the UK as that is where they are based and received a letter back today.

Basically CF are governed by the rules of their consumer licence and my complaint has been recorded and OFT will consider this along with any others they have with regards to taking action.

They also view that my documentation should be sent to the Financial Ombudsman Service as well - next letter I will be posting!!!!

7th August - In between all of this I have also had a letter from Creation Finance and they are "investigating this matter".

I know how hard it can be to stand up for yourself when you are scared, this company had me in tears and dread of the phone ringing. In the end I got p**d off - best thing I ever did, it brought my confidence levels right back up and now feel I can face almost anything now.

If you have been or are in in a similar situation - write letters, or even better email, it won't cost you the stamp and the good thing is - there are people out there who will support you and maybe even get this malpractise stopped for good.

Apologies for the length of this post but it needed to be.:)

Procrastastudy

There's a very interesting couple of threads going on in the Legal Discussions forum at the moment - purely hypothetical of course!

Continued harassment of this kind is a criminal offence under section 11 of the Non-Fatal Offences Against The Person Act 1997 - you may want to remind them of that fact next time the contact you.

Melendez

This post has been deleted.

Procrastastudy

Melendez wrote: »

This post has been deleted.

Could be phoning to offer Penelope Cruz for the day - I'd like to see a finance company create reasonable doubt as to them phoning repeatedly for any other reason than to chase payment. Then I'm not a lawyer

shannon321

The mechanical calls were from a different number than the people calls, hence when the barage started I knew there would be no point in answering. I apologise I should have stated this in the post;)

Thanks to Procrastastudy regarding the criminal aspect - will check that out too:cool:

"If" I hear anymore I will keep you up todate.

Clauric

First things first. Forget anything about the Non-Fatal Offences Against the Persons Act (for the time being, at least).

OP, under the Consumer Protection Code, as issued by the Central Bank, this company should be a regulated entity. As such, they must comply fully the rules and regulations as laid down by the Central Bank.

I would write a letter, titled "Formal Complaint", to the company, and send by registered post. Also send a copy of the letter to both the Central Bank and the Financial Services Ombudsman (put a cc at the bottom of the letter to the company so that they see where else the letter has been sent).

In the letter, explain in full, your circumstances, as well as your efforts to resolve the issue of arrears. Explain clearly the number of times that you have been contacted by the company, and that you believe that the companies approach is a breach of the Code, specifically section 8.14

Each calendar month, a regulated entity, and/or any third party acting on its behalf, must not initiate more than three unsolicited communications, by whatever means, to a personal consumer in respect of arrears.
The three unsolicited communications include any communication where contact is attempted but not made with the personal consumer but do not include:
a) any communication that has been requested by, or agreed in advance with, the personal consumer; and
b) any communication to the personal consumer the sole purpose of which is to comply with the requirements of this Code or other regulatory requirements.

Also you should explain that the company has not fulfilled its obligations under section 8.3:

Where an account is in arrears, a regulated entity must seek to agree an approach (whether with a personal consumer or through a third party nominated by the personal consumer in accordance with Provision 8.5) that will assist the personal consumer in resolving the arrears.

This should get the ball rolling.

In the mean time, keep a record of each and every call (missed or accepted), as well as voicemails, and texts that you receive. Also, if anybody calls to your door, ask them to produce ID, take down their name, and any other details on their ID, and then ask them to leave your property. Keep all other material, letters, or flyers that they send you (the CB and FSO might want copies of these at a later date).

Hope this helps.

Procrastastudy

Clauric wrote: »

First things first. Forget anything about the Non-Fatal Offences Against the Persons Act (for the time being, at least).

Id say remember it and if this happens -

Clauric wrote: »

Also, if anybody calls to your door, ask them to produce ID, take down their name, and any other details on their ID, and then ask them to leave your property.

call the guards.

shannon321

wow guys - great info - really appreciate this, my fingers are already chomping on the bit to get started on the letters!!!!!!!!!!!

shannon321

Wrote all the letters and got my first reply.

The Financial Ombudsman (Ireland) is unable to take up the case as Creation Finance are a member of the Financial Ombudsman Service UK.

Luckily I have already written to them - but for anyone who needs to complain to a Financial Ombudsman, best check first to see who they are registered with.