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My partner took out a loan with Paragon in 2000 and I was the guarantor.
We went through a broker namely Midland and General LTD.
The loan was paid off in 28/07/2004 through an early settlement.
But looking at this we feel that the PPI was miss sold. I wrote to Paragon as they where the company that we had the agreement with and the PPI also taken our money.
I wrote to Paragon asking for this to be refunded they have said no as you took the loan through a broker and they are adamant about this.
I have copies of the agreement no mention of Midland and General LTD, the CCA is Paragon with the insurance on this document.
We have no knowledge of signing any thing agreeing to PPI.
My partner took out a loan with Paragon in 2000 and I was the guarantor.
We went through a broker namely Midland and General LTD.
The loan was paid off in 28/07/2004 through an early settlement.
But looking at this we feel that the PPI was miss sold. I wrote to Paragon as they where the company that we has the agreement with and the PPI also taken our money.
I wrote to Paragon asking for this to be refunded they have said no as you took the loan through a broker and they are adamant about this.
I have copies of the agreement no mention of Midland and General LTD, the CCA is Paragon with the insurance on this document.
We have no knowledge of signing any thing agreeing to PPI.
Who is the claim to?
Regards
I am already helping on two paragon claims here are the links to save me reposting all the information please read through these threads to gather information on you own claim.
I think you can see from this that paragon have been using a number of brokers and when people claim mis-selling they pass the buck to the brokers yet it is apparent all the Consumer Credit Agreements are in fact with Paragon and not the brokers and paragon are being repaid all of the monthly premiums.
Hope this helps once you have read through the threads any questions just post and someone will be there to advise I am sure
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
My partner took out a loan with Paragon in 2000 and I was the guarantor.
We went through a broker namely Midland and General LTD.
The loan was paid off in 28/07/2004 through an early settlement.
I wrote to Paragon asking for this to be refunded they have said no as you took the loan through a broker and they are adamant about this also they said it was over 6 years ago.
I argued the fact is that they where taking money and the PPI was still live until 2004, also that Paragon where the people taking the premium, so I sent them another letter informing them of this, I received the following.
I have had a look at all of your photobucket docuements in your previous post. The Consumer Credit Agreement is on Paragon headed paper it lists the PPI on the Agreement with the payment details. The PPI may have been brokered elsewhere but IMO Paragon are the ones to chase.
I am assuming you have not signed any PPI agreement with Midland and General Ltd? All they have done is act as brokers to supply the PPI to Paragon to go on your Agreement. Paragon may have paid Midland and General Ltd an amount to obtain the PPI cover and it will allegedly not have cost Paragaon the amount that is reflected on your Agreement.
You have two options here Complain to the Financial Ombudsman Service and Go through the small claims court.
If you go to Court first and lose your case you may be liable to costs and you would not then be able to go to the fos. If you go to the FOS first (This will be a long wait to get a result) and they do not uphold your complaint you then still have the option to proceed to Court.
The other point is that the Loan amount and PPI amount are listed on one Consumer Credit Agreement but there are arguments that these are two separate issues ie 1 is the The Loan and 2 is the PPI so there should in fact have been two Consumer Credit Agreements.
You have only one signature on the Agreement covering the Loan and the PPI.
IMO if you complain to the FOS I believe Paragon will ultimately have some explaining to do especially when you send copies of everything you have posted in your photobucket links.
If you need advice on the FOS or any other issues just post but have a look in here there are links to the whole universe just about
Hope this keeps you on track whatever happens keep the bit between the teeth the new tactic in the light of huge mis-selling of PPI is to delay as much as possible and blame everybody else.
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
Having looked at those Letters and in particular the last one you can count that as a deadlock letter.
So now you have two options open to you escalate to (1) Court or (2) fos.
Have you checked the Limitations act to see if what they are saying is correct ?
A quote from limitations act
32 Postponement of limitation period in case of fraud, concealment or mistake
(1) Subject to [F1subsection (3)][F1subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—
(a)the action is based upon the fraud of the defendant; or
(b)any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or
(c)the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.
References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.
(2)For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.
(3)Nothing in this section shall enable any action—
(a)to recover, or recover the value of, any property; or
(b)to enforce any charge against, or set aside any transaction affecting, any property;
to be brought against the purchaser of the property or any person claiming through him in any case where the property has been purchased for valuable consideration by an innocent third party since the fraud or concealment or (as the case may be) the transaction in which the mistake was made took place.
(4)A purchaser is an innocent third party for the purposes of this section—
(a)in the case of fraud or concealment of any fact relevant to the plaintiff’s right of action, if he was not a party to the fraud or (as the case may be) to the concealment of that fact and did not at the time of the purchase know or have reason to believe that the fraud or concealment had taken place; and
(b)in the case of mistake, if he did not at that time of the purchase know or have reason to believe that the mistake had been made.
So you see the limitation act does not start until you have discovered the mistake which in your case is mis-sold PPI.
Please can any one advise me of my next line of action?
Bang in a claim against GE they are responsible for many store cards.
You open a store card spend money on it and you have to repay GE. Store cards such as debenhams and a few more it could be worth you while trying to bang in a claim. GE have already been fined by the FSA see these links...
now although the timescales on this are after your paragon claim you should IMO still proceed to write to GE and make a claim for mis-sold PPI and see what result you get.
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
Do you have an appropriate letter to send to them please.
Chris
Cobble up a letter that you think will fit the situation and post it on this thread I will have a look through and advise and then it is up to you to send , revise and send, I really should not write on your behalf. I will help where I can but the letter must be from you.
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
I really wanted a good strong letter, but what about this
--------
Dear Sir,
Re: Account number:
I am writing in relation to the above payment protection (PPI) policy which I believe was mis-sold to me.
I believe you have not treated me fairly for the following reasons;
· The PPI was added without my knowledge.
· I was not asked about any pre-existing medical conditions I suffered from/warned that pre-existing medical conditions could affect my insurance.
· I was not asked whether I already had any existing insurance or employer benefits that would cover my repayments.
· You have been punished by the Financial Services Authority for failing to treat customers fairly and I do not believe that the PPI I bought was sold in my best interest.
· I was sold a single premium policy that was not fully explained to me as the whole cost of the insurance was not made clear to me/it was not explained what would be refunded if I cancelled the insurance or if I repaid the loan early.
· It was not explained that the PPI would not run for the full term of my loan.
Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the insurance, I demand a full refund of all premiums, and subsequent interest on these payments, that I have paid in relation to this policy. I also expect 8% interest to be added to each payment I have made as this is the statutory amount a court would pay.
I look forward to your full and prompt response to this letter. If this matter is not settled within eight weeks of this letter I shall be contacting the Financial Ombudsman to investigate my complaint.
That would fit the bill send it but also have a look at this, it is my complaint and perhaps you could use some of it to boost up your own.
I am now convinced that I was mis-sold these PPI policies for the following 7 reasons:
1.Responsibilities When Underwriting a Policy of Insurance: On each occasion, when the details of a loan were discussed Your sales advisors failed to check my personal circumstances at the time of the sale, which they are under obligation to do when underwriting a Policy of Insurance. If they had done so, they would have realised that the PPI policies were useless to me. At no time was any attempt made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it was required at all.
2.Alternative Insurance Cover: Your sales advisors in each case failed to ask me if I had any alternative arrangements for insurance cover. My employer has a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancy package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the loan).
3.Failure to Supply Important Information with Regard to Significant Policy Exclusions: I was most definitely not informed that the PPI policies could contain certain exclusions which could affect me and my ability to claim on the policies if I should need to. Additionally I was never told that Pre Existing Medical Conditions could invalidate my policy and I was never asked if I had any Pre Existing Medical Conditions. Indeed your Loan Customer Duty of Care Checklist and the Loanguard Certificate of Insurance to which the Customer Duty of Care Checklist refers (forwarded under cover of Reference N) contain no reference to any Pre Existing Medical Conditions or includes any questions to me on the subject. I am in fact in receipt of a 40% War Disablement Pension from Her Majesty’s Government (HMG) since 1991. One element of this pension includes back injury which I now know is an exclusion in your PPI Policies. I also believe that I would also be excluded on at least one other existing condition.
4. Widespread PPI Mis-Selling: I cancelled the PPI policy on xxxAccountNo xxx on 7 Jan 2007 after becoming aware of the widespread mis-selling of PPI by some financial institutions, following recent media coverage and recent OFT and FSA investigations regarding the mis-selling of PPI. I believe this is borne out by Point 3 above. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner.
5.Wholly Inappropriate PPI Selling Bonuses: I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with loans. How can the best interests of the customer possibly be met, if there is a clear conflict of interest between your responsibilities to me, and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses?
6.PPI Loan Interest payments miscalculated: Since I cancelled the policy, I have actually received a smaller reduction in the PPI loan interest payments than the figure stated on the agreement. The explanatory letter sent to me has, I believe, confirmed that I have paid for single premium PPI policies on each loan taken with your establishment.
7. True Nature of Single Premium PPI Not Explained: No explanation was forthcoming from any advisor on any occasion on the full extent of single premium PPI policies or the fact that they would offer little or no refund if the loan was settled early or if the insurance was cancelled. The statements you have forwarded on accounts xxx and xxx, show no element of any refund of PPI or PPI interest when the accounts were settled on refinancing. There was also no explanation that the cost of the PPI premium would be added to the total cost of credit and interest added for the full term of the agreement. I believe this practice is unlawful.
I now believe that the single premium PPI policies attached to the loan accounts were both extremely unfair and totally unreasonable and offered me very little, if any protection value whatsoever. I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the payments, that I have paid to date.
Hope this helps
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
Chris V Paragon PPI
was miss sold. I wrote to Paragon as they where the company that we had the agreement with and the PPI also taken our money.
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Originally Posted by chris5664
