CCA 'Vs' CCJ

[spuddly]

Hi all,
Paragon finally replied today,

Brief history...CCa req march 07 none compliance
S.A.R - (Subject Access Request) request may 07 recieved today.

everything seems in order as far as i am aware, however it does contain a CCA without signatures and no date.
This account has been running since 1997. Failed to meet payments so
2001-Joined DMP
2002-defaulted
CCJ summons allegedly served 03/04/02

The creditors cannot provide me with a PROPERLY EXECUTED CCA.
How do i stand in relation to the CCJ i appear to have been issued...

[sequenci]

are you sure they don't have a copy which is properly executed?

with regards to a request under s77/78 of the act, it doesn't have to include signatures.

[ncf355]

Also Spuddly,

you've scanned that in way too low a resolution, cant view it im afraid?

If you can get a high res scan put up, we might be able to help, the list that makes it 'improperly executed' (as opposed to 'unenforceable) is endless, and whilst it MAY not wipe the debt it would most likely be a BIG help

Example, if they have failed to send you a copy of the executed agreement with each new card you may be able to get all interest charged since then back (thats Section 85)

[spuddly]

Originally Posted by sequenci

it doesn't have to include signatures.

Surely a True "properly executed credit agreement"
must contain signatures from both parties, T&C ,% rate and dated otherwise
Whats the point of signing credit agreements .

[spuddly]

can i pm you ncf35 for a better look ?

[ncf355]

no probs

wont get to it until tonight though m8

[dx100uk]

check with a cra that you do have a CCJ or not
if a ccj exists, then i see little point in a CCA request?

dx100uk

[sequenci]

Originally Posted by spuddly

Surely a True "properly executed credit agreement"
must contain signatures from both parties, T&C ,% rate and dated otherwise
Whats the point of signing credit agreements .

that is true, however, when you request a copy agreement under s77/78 the "copy" agreement doesn't have to inlude them.

on occasion a perfectly adhered to request for this info wouldn't prove whether or not an agreement is unforceable or not.

[spuddly]

I have looked into the CCJ with PARAGON and the courts set the payment to £103 back in june 2002 .


Can they make me pay anymore, do i offer a payment i consider to be reasonable.


How can i get them to stop adding interest..!!

[dx100uk]

i was under the impression that if a ccj had been issued, then interest must stop.

dx100uk

[campari2]

Hi there - been reading this thread with interest as I have a problem with Paragon, however, re CCJs, my understanding is that whatever was agreed in that judgement is the existing condition/agreement, no change can be made to the payment amount, interest or not, without going back into court with it. Hope this helps.

[paulwlton]

Originally Posted by dx100uk

check with a cra that you do have a CCJ or not
if a ccj exists, then i see little point in a CCA request?

dx100uk

A CCA request is still legally binding even if the credit agreement as been subjected to a CCJ.

Paul

[dx100uk]

true, take that the otherway around then.
if latterly a cca request cannot be not met,
could not the earlier ccj be overturned then?
or do i remember reading somewhere that if the defaulter does not appear, nothing is checked [as such] on the creditors side as it is deemed sucessful by default?

dx100uk

[spuddly]

these are the documents i am referring to

paragon sent this


i already had this from the start

[spuddly]

I spoke to the courts yesterday and they told me that the CCj is still applicable but that Paragon have not entered details on it since 2002, so i need to send them a strong letter asking for clarification of my CCj .
My rough accounts from the Subject Access Request request works out at$almost£16k an they took me to court for £10k.
I wonder if they will be genuine in there reply seeing as the CCA was hand written???

portion of T&C (having problems scanning)


CCJ from 2002 (Subject Access Request )

[spuddly]

could someone point me in the right direction as to what to put in my assertive but polite letter?..plesase

also seeing as the CCJ is still active and i have come out of my DMP should i still send payment for this month or do my actions still make the matter in dispute!!!

[spuddly]

ooopps double post sorry...