SCS & Creation Loan

[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

[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

[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?

[Never-In-Doubt]

Re: SCS & Creation Loan

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?

I think this would be the best starter point however due to the months of hassle etc I would also be demanding compensation - this does ring a lot of bells in relation to the case paul mentioned earlier, regards harassment etc ---> Collections Direct Help Needed for Mum - allaboutFORUMS

[Flossy]

Re: SCS & Creation Loan

Hi,

Just to clarify (as just got yet another letter) some of the figures I said earlier. I am being charged £25 per letter when they have to write to me about outstanding arrears and £30 per letter for statements! Considering that they are called Annual Statements I have been charges £30 at least 5 times and I have only had the agreement for a year!

So, the best course of action would be??? Obviously, I need to send a letter first to Creation and as Paul said there is no template as every customer is different. I will read what Niddy sent a link above about the other case.

I didn't think they could charge over £12 for these things or am I wrong and thinking about just the banks and catalogues, etc?

[Never-In-Doubt]

Re: SCS & Creation Loan

No the same applies, £12 is the maximum charge as guidance via OFT.

[Flossy]

Re: SCS & Creation Loan

I presume that includes everything. Statements, etc.

Creation are calling my home phone nearly every half and hour starting at 8am till 8pm everyday now. I have have told them its harassment, ignored the calls, gave them the number that was supplied and they are still calling my number.

I have read the link you send Niddy which was very interesting. I think I should now send another letter to Creation. As I am writing this they are calling me again.... This is now getting to be every 10 minutes!

[Flossy]

Re: SCS & Creation Loan

Is there anyone who can give me an idea what to say in my letter to Creation please? I will use section 75 as Paul says, harassment, charges of £25 & £30 unreasonable OFT.

Thanks

[Flossy]

Re: SCS & Creation Loan

Hi FP,

I have done that. I have told them the new number. I have ignored them, I have told them its the wrong number. They just keep ringing my number and its now every 10-30 mins from 8am-8pm.

[Flossy]

Re: SCS & Creation Loan

Have done that in French and some kind of Chinese and told them the wrong number. I have given the other number and they still call my house number...

Its definitely harassment now. Every 10-30 minutes of calling me every day from 8-8....

[garlok]

Re: SCS & Creation Loan

If that is the case then it is harrassment and falls foul of the guidelines and the Protection from Harassment Act section one.

Get used to the calls, be as impolite as you wish, discuss nothing and keep a log, an accurate log, it will be very useful later. In the meantime have a read of Harrison v Link in our case law database.

Garlok

[Flossy]

Re: SCS & Creation Loan

Thanks Garlok. Where do I find the link for the Harrison case? Sorry but I am a bit useless at finding things on here.

I am now down to only 5 calls a day to which I just now put the phone down... They are very determined to harass me!

Really need to try and sort this out as the charges are getting silly. Will read what you have pointed out and take it from there. I will then try and get a letter together to send to them.

[garlok]

Re: SCS & Creation Loan

Thanks FP, been scratching around this morning to find this thread as I remembered I had not answered PlanB, sorry PB, and had forgotten you had already posted.

regards
Garlok

[Flossy]

Re: SCS & Creation Loan

Hi.

I have read the Harrison V Link case and it was hard for me to take in but, got the gist of it... Well, some bits

Received another letter from Creation dated 34th January. This one is the £25 per letter which says basically the amount remains unpaid.

I really need help with a letter for Creation.. Has anyone any ideas?

Should I write to SCS as well as Creation re the faulty goods? Creation are chasing for their money due to the incompetence of SCS. But, Creation are just a pain in the butt and have just been adding charges when they feel like it.

Really stuck on this one.

Have tried letters to SCS and Creation and reported them both but, nothing!

The have just stopped the phone calls!!!!

Help!!!!

[CleverClogs (RIP)]

Re: SCS & Creation Loan

At least they have stopped the telephone calls.

SCS Sofas is a trading name of A. Share & Sons Limited. From Companies House:
Name & Registered Office:
A. SHARE & SONS LIMITED
45-49 VILLIERS STREET
SUNDERLAND
SR1 1HA
Company No. 00323778

From CEO e-mail addresses - CEO email address - chief executive officer - managing director list - UK - USA - US - America - EU - Asia we can see that their Chief Muppet Executive is David Knight: David.Knight@scs.co.uk

As for Creation, there's a choice of two:

UK Est. Number: BR006615
Name, Address: SYGMA BANK UK
CHADWICK HOUSE
BLENHEIM COURT
SOLIHULL
B91 2AA
Date Open: 21/03/2002
Closed(Y):
Type of Business: CONSUMER CREDIT GRANTING-MASTERCARD AND/OR VISA
(The parent company is French. )

CREATION FINANCIAL SERVICES LIMITED
CHADWICK HOUSE
BLENHEIM COURT
SOLIHULL
WEST MIDLANDS
B91 2AA
Company No. 01091883

CREATION MARKETING SERVICES LIMITED
CHADWICK HOUSE
BLENHEIM COURT
SOLIHULL
WEST MIDLANDS
B91 2AA
Company No. 04358400

CREATION CONSUMER FINANCE LIMITED
6TH FLOOR ROYSTON HOUSE
34 UPPER QUEEN STREET
BELFAST
BT1 6FD
Company No. NI032565

The Chief Scumbag Executive of this corporate farrago is Stephen Hunt: stephen.hunt@laseruk.com