Creation Loan Agreement for carpets - Changing Dates Without Informing me

CammyFace

Hi,

I took out a loan agreement with Creation to pay for carpets a couple of years ago.

The agreement was for 24 monthly payments starting on the 5th of March 2013, ending on the 5th of February 2015.

Got a phone call yesterday from them saying I owed them a payment for March 2015.

Told them that my contract stated the payment period ended on the 5th of February 2015 and it turned out their contract details were one month out from mines. They said theres said it started on the 5th of April 2013 instead of the 5th of March 2013.

As the discussion progressed it seems they may have changed the contract dates at some point because according to them there was a delay in the delivery of good (which I dont recall).

So basically I have only paid 23 of the 24 payments, althought had they taken the payment in March 2013 as it states in my contract then the 24 payments would have been complete.

I have never been informed of the change of contract dates and have never recieved an updated copy.

I have asked for a copy of the contract before I agree to pay, to which I have been told I need to pay £1 to recieve.

I've told them I'm not paying anything until I see a copy of the contract they hold and I am not willing to pay for a copy of it as they seem to have changed it without informing me at the time. I dont think I'm being unreasonable here!

Can they change the contract without informing me?!?!

[Deleted User]

If you agree you still owe one more payment, I would simply pay it and protect your credit file.

happy_bunny_2

Pay it. Then complain, in writing, stating what you gave said.

See what comes back.

You can send a quid and CCA request, which will get a copy of your agreement and a statement.

Not paying it will screw your credit file, so best play safe in case you made a mistake.

JPD86

If you have only made 23 payments and not 24 as agreed I would just pay it.

I wouldn't have thought you would have any legal grounds to avoid paying the agreed total sum.

If anything you are flagging up that you have been in arrears for 23 months?

CammyFace

JPD86 wrote: »

If you have only made 23 payments and not 24 as agreed I would just pay it.

I wouldn't have thought you would have any legal grounds to avoid paying the agreed total sum.

If anything you are flagging up that you have been in arrears for 23 months?

According to the company I am in arrears for one month as the March 2015 payment was not made.

I'm not disputing that I owe a payment but should I not have been informed of the change of contract when it occured?

And is it fair to expect an instant payment when it was them that changed the dates and didnt tell me?

The money was there in March 2013 to be taken by them, as stated in my contract, but they didnt apparently and moved the first payment to April 2013 without explaining the reason or telling me.

happy_bunny_2

Complain, see what they say

CammyFace

happy_bunny wrote: »

Complain, see what they say

2 email complaints have been sent with no reply!

The attitude and disrespectful way the company employees have spoken to me has been shocking too!

Actually asked to speak to one guys manager and was told no, the manager was on lunch! lol.

JPD86

CammyFace wrote: »

According to the company I am in arrears for one month as the March 2015 payment was not made.

I'm not disputing that I owe a payment but should I not have been informed of the change of contract when it occured?

And is it fair to expect an instant payment when it was them that changed the dates and didnt tell me?

The money was there in March 2013 to be taken by them, as stated in my contract, but they didnt apparently and moved the first payment to April 2013 without explaining the reason or telling me.

I suppose they could - possibly should - have informed you of the change of date, but you must have been aware that no payment was taken in March 2013?

I would agree with them that you are one month in arrears.

However, I personally would be careful of pushing the point that a payment should have been taken in March 2013 but was not, as it could be extrapolated from that admission that you have been in arrears for 23 months.

What is it that you are seeking from your complaint?

- Some grace time to make the final payment?
- Or for them to waive the money you owe them?
- Something else?

CammyFace

JPD86 wrote: »

I suppose they could - possibly should - have informed you of the change of date, but you must have been aware that no payment was taken in March 2013?

I would agree with them that you are one month in arrears.

However, I personally would be careful of pushing the point that a payment should have been taken in March 2013 but was not, as it could be extrapolated from that admission that you have been in arrears for 23 months.

What is it that you are seeking from your complaint?

- Some grace time to make the final payment?
- Or for them to waive the money you owe them?
- Something else?

We moved house in Feb/March 2013 so several amounts of money were being spent and I honestly never noticed that the first payment never took place.

I'm willing to pay the month owed but do I not have a right to see the amended contract before I pay it? As I said, I dont dispute I owe it but I'd like the paper work infront of me before I do so.

I'm not looking for them to waive the payment or anything. Just clarification of why the contract was changed or why they never took the money in March 2013 when they were meant to.

happy_bunny_2

CammyFace wrote: »

2 email complaints have been sent with no reply!

The attitude and disrespectful way the company employees have spoken to me has been shocking too!

Actually asked to speak to one guys manager and was told no, the manager was on lunch! lol.

Irrespective of anything else, one way to get them to do something is to call the FOS and tell them you have complained twice but they are ignoring you. They can and will complain on your behalf:
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Seriously, pay it. If they screwed up, you could get any late payment markers removed, but much easier not to go through that.

Apples2

I don't see why you don't just stop being difficult and pay the final payment.
trying to use an excuse to avoid making a payment may work, but if it doesn't it wont be worth the extra hassle regarding interest and credit files.

I take it you are one of those who races to cancel a direct debit the minute the last payment is made, which often leads to drama.