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Creation Loan Agreement for carpets - Changing Dates Without Informing me
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Are you sure your agreement doesn't explain late delivery?
Mine States 'we won't take payment until you receive the goods and if you receive your goods up to 10 days before your first payment is due, or anytime after, your DD will be collected on the same day the next calendar month'
'For example, if the first payment is shown as 20 July and you take delivery on 15 July, your first DD will be collected on 20 August'
If your agreement says the same they haven't changed your contract.0 -
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?!?!0 -
Never know the MSE Forum members could be so quick to judge.
I have not been trying to not pay or anything!
My contract was changed without informing me so was looking for advice on wither or not the company should have done this before I made a payment and ended the deal!
The good were delivered well before the first payment date. So that isnt the reason for the change.
Also, is there a problem with cancelling a DD which I presumed was finished and had not been cancelled by the company?!?0 -
I didn't judge you, I asked a reasonable question about your contract.
If you believe the contract has been changed without your agreement you have the right to dispute it. What most people are trying to explain is that if you don't pay then your credit file will be ruined until the matter is resolved.
Even if you're right and they agree they've made a mistake it could take months to reach that stage, in the meantime they'll register the missed payment on your credit file.
If you refuse to pay while you wait for them to send you a copy of the contract they'll also start to charge interest, this will increase the overall payment due. If it's proved that you're in the wrong sometime down the line, then you're going to owe a heck of a lot more than you do now.
The majority of people would recommend you make the requested payment if you can and then dispute it. However, it's ultimately your choice how you handle this dispute.
In relation to your question about the DD, there's an issue if you haven't made the agreed 24 payments and your contract specifically mentions 24 payments must be paid by DD.0 -
I honestly don't think it is that unusual for a finance agreement to suffer the odd delay. Certainly happened for me on a car PCP where someone in the link forgot to do something.
In this case (and mine) the 1st payment has simply gone back a month.
Surely better than them just changing the payment date.
The poster above is correct that I expect the contract to clearly state 24 payments of which you paying 23 is as much a breech.
Others will disagree but for me it's hardly much of a contract change.0 -
There will only be one loser here, you know you owe the money so pay it or see it as a default on your credit file. Throw away a pound if you want but you still have to pay regardless of what your contract says.
By all means make a complaint, you might even get an apology but don't hold your breath.0
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