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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
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Paragon unable to uphold PPI - Help please!


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Hi,

 

Wonder if someone can point me in the right direction.

 

Back in December 2004 (Paragon have quoted Feb incorrect below copy of their letter) my wife and I took out a £20k loan, and this loan had the mandatory PPI of £7k on the paperwork.

 

With news of the Plevin judgement I approached Paragon and they have said the are unable to uphold my complaint and if unsatisfied to approach the Ombudsman.

 

Is there anything I can do?

 

can I even ask for the commission rate of the PPI?

 

any help much appreciated :-(

 

Many thanks,

Dusty

 

Our investiqation

ln the case of Plevin v Paragon Personal Finance [2014], the Supreme Court indicated that commission in some circumstances could result in an unfair relationship between the lender and the consumer, under the Consumer Credit Act 1974 (Act).

 

However, for the unfair relationship provision of the Act to apply, the Credit Agreement had to have been taken out on or after 6 April 20A7 or, for an agreement taken out before 6 April 2007 and be ongoing as at 6 April 2008.

 

As your loan was taken out on 13 February 2004 and was redeemed on 23 January 2006, your complaint is considered ineligible under the Plevin judgement.

 

Our decision.

 

Based on the above information.

I am unable to uphold your complaint.

 

Whilst I appreciate this may not be the response you had hoped for,

under the terms of our complaints procedure this is our final response.

 

You may have the right to refer your complaint to the Financial Ombudsman Service, free of charge

- but you must do so within six months of the date of this letter.

Paragon PPI letter 250118.pdf

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why did you go plevin and not reclaim the ppi itself?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you, so do you think a straight forward request for PPI refund is the way to go? and do you think I’ve muddied the pitch by going the Plevin route first?

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Two diff things not related

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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use the FOS Customer questionnaire

not some silly speculative letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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