Jump to content

nino1

Registered Users

Change your profile picture
  • Posts

    26
  • Joined

  • Last visited

Reputation

1 Neutral
  1. I have been making token repayments to CBS in the same way as I was to Paragon, should I stop these? pending their compliance with the CCA request. Have got a batch of figures back from paragon now, showing that they did not freeze interest when I went to reduced payments. Which is why the debt that CBS are trying to collect is greater than the amount originally borrowed. Bear in mind I sent Paragon the standard letter at the time(which was sent to several other institutions all of whom stopped interest!) Any further thoughts
  2. Had a loan with Paragon, paid OK for about three years, then had problems. Wrote to them using FCL template, and offered a token payment(part of the letter called for a interest to be frozen). I've maintained this agreement for a couple of years, keeping them informed of my circumstances. Recently got correspondence from Arrow saying they were collecting the debt, then from Global and from CBS. I sent my details to CBS and carried on as normal, they even sent me a paying in book. Having read your site, I sent a SAR to Paragon and a CCA to both CBS and Arrow. Got the stuff from Paragon - shows that they haven't ever stopped charging interest! However they say they have sold the debt on to Arrow/CBS. Still not had a reply from them so they are now over their 14 days. Had a call at work today from Arrow, trying to get me to tie up with Black & White debt management. The caller didn't even try to go through DPA with me just launched into his pitch. I asked a couple of times about the missing reply to my letter,Zip. I suggested I only wanted to deal in writing, Zip apart from a veiled threat about legal process. In the end I just cut him off. Any suggestions??
  3. Paragon provided a joint loan to myself and my former partner about 1997. It went bad about 2002 when I lost my job and she left. I contacted Paragon and set up token repayment plan. Been keeping that going since. Never had anything from them except monthly letters reminding me my payment was coming due. Sent them six monthly copies of my I&E so they could see there wasn't anything more they could get. They still keep my former partners name on all correspondence despite me informing them, I don't know where she is! Got a letter from Arrow last December telling me they've been assigned my debt by Paragon. Got a letter from CBS Transcom in January telling me that they had been instructed by Arrow to collect the debt immediately. Another letter from Arrow in March offering help by partnering me up with blackandwhite.co.uk Another letter from Arrow in April telling me again that Paragon have assigned my debt to them. A letter from Transcom in May acknowledging my letter and I&E account enclosing a paying in book for future payments. Letter from Cope's solicitors June, saying I haven't responded to their previous letters???, that I had been given the opportunity to contact them to commence monthly payments, or increase monthly payments to the rate set by their client. Must contact them immediately to arrange repayment. Legal proceedings in 10 days if no immediate contact. Letter from cope's August -formal notice of intent to issue legal proceedings - want the full sum - seems to include all interest which should have been frozen back when my problems started. They want it in cleared funds by 16.00 on 13th August or they will issue legal proceedings. I'm going to send a CCA request to Arrow today(copy to Copes*CBS), with a SAR to Paragon any other suggestions??
  4. Got a bit of legal advice that says I have to effectively make a case for appeal against the origional judgement that set the charging ordr in place. No guarantee that it will be allowed! and costs against me if it's not! What sort of legal system is this?? Plus I've got 21 days since the final order was put in place to get all this together. Any bright ideas out there, any chance of bumping this up the lists to see if it attracts more attention???
  5. Really hacked off, just got back from court, judge didn't want to know. All he was prepared to do was listen to the motion in front of him, viz:to grant a final charging order or not! - why do they make the law so complicated? It seems that if I was to argue anything today I needed to have made a counter submission! Any advice out there? I really feel that there should be some way that I can get this all overturned and get something back for the effort! Plus Restons really do need taking to the cleaners, surely a group of solicitors should be aware that it is at least morally wrong to be chasing debts when they can clearly see that they dont have a properly completed CCA. All they seem to be doing is chasing money for themselves.
  6. additional thought on this, is that all court documents in this chain of events have been signed by HFC and Restons representatives as true and accurate records - shouldn't they have been declaring that they knew the document was legally unenforceable???
  7. Thanks for the quick reply, as this horrible mob have already got an interrim charging order against me on this account, am I likely to get away with arguing that since the thing is clearly not legally constructed then their efforts to get a final charging order and infact any repayment should fall, and then offer to negotiate settlement as a gesture of good faith???
  8. Urgent help please as I'm due in court in the morning to face my friends 'Restons' acting for HFC. Got a CCA from Restons which has no signature from HFC/Beneficial or any date, says its under the 1974 Consumer crdit act. am I right to assert that this is unenforceable?
  9. Really interested in this last bit, as I've just had a response to my CCA from Restons solicitors on behalf of HFC and they have sent the top copy of my application form with NO terms and conditions attached. Have a similar thing from HFC themselves on another account again with part of the document referring to a number of sections that are not attached- how do we stand???
  10. I'm sure this lot will have done some homework but equally as sure that they are not used to being challenged. Similarly their lines of communication with HFC must be pretty grim or they'd have already passed on the information I was asking for a SAR. The judge has put the case back a month, and today I collected the court letter telling me the date and time of the next hearing, and it was sent to my old address, despite me telling the judge that previous information had gone to an incorrect address and Restons and the court having my current address. I had kept HFC informed every step of the way, but once Restons got involved it was rushed into court. They ignored my request to discuss the suggestion from HFC that there could be a chance of a settlement that could be beneficial(HFC had already offered a settlement at about 30%) and instead just whacked their charges on and run to court- thats why I feel so grieved- I just don't see that kind of behaviour as helping sort out debt problems at all.
  11. I had two accounts with HFC, one was a credit card(Sky/beneficial visa) the other a loan(beneficial finance). I had agreed token payments on both accounts with HFC pending my affairs getting back to some sort of order following a job loss. This went on no problem for about three years with a small increase in the repayment. 2006 I provided them with a change of address and an updated I&E account. They responded with a default notice to my old address.(6 months after I notified them). I was contacted by Restons on 25/8/06 by letter asking for immediate repayment plus a collection charge of £1800(but also suggesting that HFC wanted to draw my attention to an opportunity for me to clear at a specially discounted figure).I finally got to speak to someone 19/9/06 the person was very rude and had no intention of negotiating at all(HFC had already offered me a reduced settlement on both accounts) despite me trying to get him to expand on the letter. He also said he was not in possession of any details from HFC. Restons filed for a charging order on 22/09/06.I moved again(notified them) the court stuff was sent to the old address, when I got it, it was too late the date had passed.I sent the stuff back to the court anyway(as the second account had also now been started in this way by Restons). Initial charging order was granted on account 1, I went to court when they applied for a final and I lost. It now appears that a judgement was obtained in February on the second account(didn't know it took place unless it was to do with the forms I sent back with the 1st lot) which resulted in me going to court to defend an interim order to stop it becoming final. Before going I'd lucked onto this site so sent of CCA to Restons and SAR to HFC. Judge listened and agreed to postpone case for 28 days?? I haven't heard any more from either the court or Restons. I pointed out in court that part of the Restons submission was that as a result of the hearing I didn't know about I had been asked to pay a bit more. I hadn't done this and how could I be expected to if no one informed me. I was able to show recipts for the regular payments I had been making. I've now had a reply from Restons showing the CCA for account 2. It doesn't seem to make any reference to DPA(dated 11/97) DO YOU THINK RESTONS HAVE ANY RIGHT TO BE PROCESSING MY DATA? I've also got a load of stuff back from HFC about account1. All undecipherable jargon(although they sent me a list of codes) no copies of letters as they 'don't keep copies of letters generated automatically' and no copies of statements. So little help in locating any sums that have been incorrectly charged. and no help in defending the outstanding action - they have passed that bit on to their credit card section. SO ANY ADVICE IS WELCOMED. and also I believe that Restons and I'm sure they're not alone in the land of solicitors, seem to be working a nice little business with the banks such that people already in financial difficulty are dragged further down to enable this greedy group to prosper at our expense.
  12. I'm another that's being taken to the cleaners by HFC Restons. They've already got one CO on me and are tryuing for another on a second loan that I was talked into taking out to sort out the first debt. Requested CCA from Restons and they've produced, did a SAR on both accounts at HFC and have got stuff from 1st account, but nothing on the second as yet, about 25 days gone. The 1st bunch of stuff is a right mess about 7 pages of codes to decipher their sheets and still hard to make any sense from it. Also said that they didn't keep records of automatically generated letters??? and I seem to have taken out unemployment protection on the account, which surely must have been actioned when I lost my job(I did tell them)? Any ideas how to check this out?
  13. My first account was rushed into court by the solicitors Restons, who got a charging order against my house before I had a clue what was going on. They've gone down the same path with a second account and obtained an initial charging order, but I appeared at the hearing to make that a final order and explained to the judge that i had concerns about the amount being asked for and she has put the hearing back a month to enable me to gather more information(help), Restons have come up with the copy of the credit agreement but I've heard zip from HFC about my SAR! Post confirms delivery of request. It occurs to me that surely there should be some sort of legislation stat prevents solicitors like Restons making fat profits by charging £1000+ for serving a bit of computer generated process to the bulk debt service??? Any thoughts???
  14. Something that occurred to me as I was talking to the judge about the rights and wrongs of the charges. When HFC send my stuff to Restons for action, all this actually achieves is for Restons to add about £1500 charges to my bill. Surely this can't be right? Surely what we're all trying to do is get the debt cleared not add to it??? Any thoughts
  15. I'll have a look at that idea. Been to court today and argued that I had found unfair charges (unknown full amount) and thus had put a SAR on HFC. Also found that the judgement from the interim charging order had never reached me. Judge agreed to postpone for a month and told me I had to return with a strong case to strike out the original application. So I guess this round is about a draw, any advice out there??
×
×
  • Create New...