SCS & Creation Loan

[CleverClogs (RIP)]

Re: SCS & Creation Loan

section 75 allows you to attack the creditor as well as the supplier.

The relevant wording in s75 is

Thus the creditor is jointly & severally liable for the defective goods,

I dont have a template for these cases sadly, i tend to write specific letters depending on the case

In this case, would not a just and fair outcome for the customer be that the sale and linked credit agreement be rescinded ab initio, as if the sale had never happened?

[Paul.]

Re: SCS & Creation Loan

section 75 allows you to attack the creditor as well as the supplier.

The relevant wording in s75 is

75 Liability of creditor for breaches by supplier.

(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

Thus the creditor is jointly & severally liable for the defective goods,

I dont have a template for these cases sadly, i tend to write specific letters depending on the case

[Flossy]

Re: SCS & Creation Loan

The first letter from Creaton dated 12/12/11 Date of agreement 10/12/10 YOUR ANNUAL STATEMENT annual statement with a charge of £30 (letter) from 13/12/10 - 12/12/11 Quoting £768.12 over the agreed amount payable! They have then showed this £30 refunded.

The next letter dated 26/12/11 Date of agreement 10/12/10 (baring in mind this has been on hold since 2010 due to SCS and Creation looking into everything and still not been sorted out.

I have been in touch so many times they keep saying they will hold the account until things have been sorted with SCS. They now believe they have and that I have refused to have a new sofa used maybe once to be recovered at least 1/2 of the sofa!

The next letter date 26/12/11 Agreement date 10/12/10. YOUR ANNUAL STATEMENT. Letter £30 (just says Letter) £768.12 over the agreed price of the sofa!!!! Interest charged at 28.9% PA.

Next letter dated 9/1/12 says that they are writing re the outstanding arrears. Arrears of £105.92

So, sorry its £30 per letter.

I have got all the letters Creation have written and even up to October 2011 and on the phone recently they have said it is under investigation but SCS have now said they cant get hold of me to arrange an upholsterer to fix the sofa.

Yet, all the time they have said they they will not make any charges to my account they have been making £30 charges and obviously for quite some time to make me owe an additional £768.12!!!!! Im going to be paying for two sofa's soon when they get the charges up a bit more...

The sofa was only £326.88 over the charges they have added!

So, I guess a letter is in order?

CC you say about reminding them about section 75 of the consumer act 1974... Maybe I can get a letter to them re this? Any ideas of wording? I would guess you have a template maybe?

Thanks

[CleverClogs (RIP)]

Re: SCS & Creation Loan

But it would be Creation that takes me to court. SCS sold it with the finance of Creation and them walk away and ignore the problem as they have been paid... ????

So take SCS and Creation to court first!

[CleverClogs (RIP)]

Re: SCS & Creation Loan

Oh.. and another thing. Creation are now charging me £25 per letter they send to me.

Are they indeed?

That just shews how "sympathetic" they really are ... NOT!

Perhaps the time has come to remind Creation of their responsibilities under section 75 of the Consumer Credit Act 1974 (link) whereby they are jointly and severally liable along with Shitty Couches and Sofas for that company's performance - or inadequate performance - of the sales contract.

Under what contract term(s) are Creation imposing that charge? It seems to me that it may be held to be an unfair contract term.

[Never-In-Doubt]

Re: SCS & Creation Loan

By the way have you seen the article from 2008?

Please pm me

[pompeyfaith]

Re: SCS & Creation Loan

Sorry yes Creation would take you to court, but you could call SCS to court as a witness

[Flossy]

Re: SCS & Creation Loan

Sorry I didn't say Hi POP...

[Flossy]

Re: SCS & Creation Loan

But it would be Creation that takes me to court. SCS sold it with the finance of Creation and them walk away and ignore the problem as they have been paid... ????

[pompeyfaith]

Re: SCS & Creation Loan

Flossy,

This would only go to a small claims court and thus the burden of proof is on SCS, no judge in there right mind after the shite they have given you would give them judgment.

[Flossy]

Re: SCS & Creation Loan

Oh.. and another thing. Creation are now charging me £25 per letter they send to me.

[Flossy]

Re: SCS & Creation Loan

By the way have you seen the article on XxxxxxX from 2008?

[Flossy]

Re: SCS & Creation Loan

Hi Niddy,

I haven't paid anything yet due to them having to change the finance dates around with Creation. I am inclined to do what you have just said.

I cant believe why TS are even there! They are not interested in anything and do not help you at all. I had a run in with TS last year about a very bad plumber and they said I hadn't even called them when I had all the details of the person I spoke to and incident number or whatever it is they give you....

[Never-In-Doubt]

Re: SCS & Creation Loan

Hmm I'd be inclined to let them pursue it via court if they wanted to then you get to tell the judge the whole story and hope he understands your argument. Let's be honest, you've bloody tried.

This is a mess. If it was me I'd just stop paying and say fuckoff. Seriously, I would.

[Flossy]

Re: SCS & Creation Loan

Jen ... What happened with you and SCS? (if you dont mind me asking?)