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  • EwanG 112 posts

    Highly doubtful that is in any way relevant for the definition of the account being “not closed”.

    If the account has a debit or credit balance it’s not going to be closed!

    You can validate this by checking your Credit Reference Agency report.

    NorthernLass 7,591 posts

    Would @tw33ty be able to share more details of their outcome, especially in terms of how long it took from submitting to the FOS and resolution?

    Crafty 150 posts

    Nothing on here for two weeks – nobody had any progress at all?

    I’ll be finally getting around to doing my ombudsman referral next week, though it seems I shouldn’t hold my breath…

    memesweeper 1,256 posts

    Nothing on here for two weeks – nobody had any progress at all?

    I’ll be finally getting around to doing my ombudsman referral next week, though it seems I shouldn’t hold my breath…

    No news because Creation are stalling on all cases as long as possible.

    My take: In the background it’s dawning on Creation staff they have a large and growing number of unwinnable cases on their hands. Their lawyers can find no basis on which to defend them, but no-one will stand up to the executive(s) that hastily ordered the intemperate backlash on their own customers to cover up corporate incompetence, so they bluster and delay. Internally, those close to the issue know the game is up, they’d spend and loose a fortune fighting the cases they already have on their hands, more will surely follow, but they can’t cave in.

    The delay forever tactic can work at FOS but eventually they’ll run out of time/loose after a hearing in sufficient numbers at MCOL that complainants will be citing these County Court cases at FOS and demanding immediate recompense. MMSE and/or the Mail will run a piece on a mini-scandal, and the regulator will tell them to pay out everyone who was affected, which they will grudgingly do, plus compensation.

    Their reputation in tatters, another lender will buy them for value of debt + £ 1, minus a substantial sum for possible compensation liabilities. First to leave thereafter will be the executives and compliance team.

    If you can’t be bothered with putting together a very solid case, I’d drop a letter of complaint to FOS. Creation can’t even adequately handle these, and the more cases there are the more pressure they are under, and (ironically) I think the quicker this gets resolved for everyone. If you do want to get a payout more quickly, and help other victims of corporate malpractice even more, put together a solid case and move directly to MCOL. The information required should be in this thread — take note, you should be prepared to provide a solid justification for not going to FOS.

    IANAL

    • This reply was modified 54 years, 4 months ago by .
    Jon 268 posts

    @memesweeper I’m inclined to agree with your assessment.

    My main observation from my ongoing MCOL case is that Creation’s solicitors appear to be doing everything they can to delay and extend, and to avoid having to actually defend the claim… As yet they’ve given no sign of actually having a defence.

    Out of interest, how many others here are MCOLing? (and are willing to say 😉

    kwho 62 posts

    We have MCOL-ed. They asked the court for delay after delay, eventually filing a défense talking about a different card account!!!!! You couldn’t make it up.

    Froggee 897 posts

    It is nuts. I’m holding off FOSing my black card until Creation reply to my complaint on the white card. I’m unclear whether this would be one FOS or two given that they were separate accounts and the complaints are about different issues but I’ll work that out in the next few weeks well before the six months cut-off.

    But I did make a point of screen grabbing various booking options for the IHG free night voucher I had to use before it expired. I’m actually going for a cheap night at £310 but there were many at near to £500 that would have been realistic options. I also would like IHG to stop offering to sell me points with an 80% bonus so the monetary value on the points equivalent to the free night cert is higher.

    NorthernLass 7,591 posts

    BARCLAYCARD AVIOS CREDIT CARD

    What is the defence? Have you got a hearing date?


    @Froggee
    – the value of the free night cert is whatever you would redeem it for. There’s no limit to this in the Ts and Cs so I can’t see how a “reasonable” figure can be put on it. My chosen redemption is currently selling for £1300 per night next April when I have my next visit booked.

    Froggee 897 posts

    I agree @NothernLass. But I intend putting a monetary value on it and believe I’ll have more chance of success being awarded this if it is reasonable i.e. a redemption I could evidence that I would choose. Sadly the real aspirational awards are just that for me currently as hotel choice is driven by our kids.

    For your £1,300 reward, if points booking could also be used I would flag the number of points and the cost of buying them to be reasonable. Of course I believe that you can book some rooms with the free night vouchers that points can’t access?

    NorthernLass 7,591 posts

    @Froggee – I get your point but IHG “dynamic pricing” makes it very difficult to know how many points are going to be required on a particular night, it changes from day to day! I guess you could buy some points, make the booking at the price on that day then claim the amount you spent on the points.
    I’m sure your kids would love a trip to Bora Bora or the Maldives though!

    memesweeper 1,256 posts

    @Froggee – I get your point but IHG “dynamic pricing” makes it very difficult to know how many points are going to be required on a particular night

    I’d base my MCOL on the cash price for the free night I was planning to have taken/would like to take. It may or may not be cheaper to buy the points and then use these to redeem the room, but buying points to immediately redeem is an ‘advanced’ mileage game technique. I don’t want to be calling @Rob as an expert witness to be explaining why it is cheaper to buy points than just buy the room direct. I’d make it easy for the judge.

    … Which raises an interesting question, do civil judges travel a lot for work? Are they likely to be points collectors and status holders? How much of a clue can we expect them to have?

    kwho 62 posts

    BARCLAYCARD AVIOS CREDIT CARD

    What is the defence? Have you got a hearing date?

    No hearing date, and with the Courts workload, I wouldn’t expect one soon. Their defence is purely written, but referring me to T & C basically, including a copy of it. And they needed 6 weeks extension to file that! Happy to chat privately about it, but not something i would detail on a public forum

    kwho 62 posts

    Correction: poorly written

    Carlos 758 posts

    37 pages of people still complaining about a free night from creation when clearly they have played by the book well?

    kwho 62 posts

    let a judge decide if they played by the book, shall we?

    JerrySignfield 101 posts

    Creation are a disgrace, it took them 6 months asking for more time to then replay the same as what other people received after a month, a clear delaying tactic as they didn’t think about anything or investigate anything. I think they should provide evidence to what they actually investigated as I received what looks like a generic letter, I might as well include this in the FOS complaint as well.

    Crafty 150 posts

    Here’s an amusing update, Creation’s customer service number 0121 712 5703 has “now ceased to function”. It’s still being actively pushed to me as the number to call when I log into my online account.

    An utterly disgraceful outfit indeed.

    There does still seem to be an alternative, working phone number which is 0371 512 1967.

    • This reply was modified 54 years, 4 months ago by .
    Lady London 2,054 posts

    Surely Creation is now in breach of various Finance industry regulation for their refusal to interact with customers and provide processes for substantive resolution?

    Not just unfairness being reported to the FOS or restitution of contractual entitlements being sued for at MCOL, but breaches of actual FCA or other requirements that let them live?

    LostAntipod 14 posts

    Creation are a disgrace, it took them 6 months asking for more time to then replay the same as what other people received after a month, a clear delaying tactic as they didn’t think about anything or investigate anything. I think they should provide evidence to what they actually investigated as I received what looks like a generic letter, I might as well include this in the FOS complaint as well.

    When i took a car insurer to the FOS, it appeared the Ombudsman was able to obtain internal documents related to how they processed my claim. The FOS staffer , in reply to my complaint, referred to the insurer not doing some of the things they were supposed to do in assessing my claim. As the FOS had no obligation to tell me this, I suspect this lack of diligence clearly helped land the FOS on my side in terms of what they recommended the insurer give me as a settlement. I agree with you – make your point abou the generic letter in your FOS complaint. I have a similar issue with Creation’s replies.

    Benilyn 150 posts

    Any updates from anyone?

    NorthernLass 7,591 posts

    No x 2. FOS had asked Creation for a(nother) final response to my OH’s complaint but the 8 weeks they gave them have just passed and we’ve had no communication whatsoever.

    PeteM 709 posts

    My case handler has changed – when I again enquired about why they are giving CFS so much leeway I was told “our timescales as well as other financial institutions timescales aren’t where we would like them to be at the moment as we and they are experiencing high volumes of complaints being referred.”

    Paul B 224 posts

    In the same boat as most, card cancelled at their end last year, never received a refund or the annual fee, free night award due and points accrued on my last two statements. Reached out to Creation where it’s been ignored and didn’t go down the next step to the FOS, am I too late to do so? It seems like there hasn’t been any developments, although I appreciate there is a process.

    Froggee 897 posts

    @Paul B – My understanding is you have three years from becoming aware that Creation have wronged you to complain. You need to go to FOS within six months of Creation telling you to take a hike.

    Clearly you haven’t formally complained to Creation so you should now do that.

    You can lodge your complaint by calling, writing or emailing (customercare@creation.co.uk).

    Make sure you ensure they know you are complaining rather than reaching out!

    stevenhp1987 331 posts

    Those with a case handler… when did you complain to FOS?

    I submitted my complaint to FOS on 7th February and have not even been assigned a case handler yet!

    Tempted to just MCOL…

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