Hello?

Hi Are DCA's allowed to legally re-register a default? I have a default that is OVER 6 years old, so it should of been SB'd but I have just checked my Credit Report and it has been re-registered by the DCA as of March this year. I have not made contact or acknowledged the debt with the DCA. I have also seen another one that was re-registered last year despite the fact that I was made an offer to clear the debt 4 years ago and made the payment requested. I have made mistakes in the past due to a marriage breakdown, but surely this is not fair? Paul

Hi I purchased a power supply for my PC from an online retailer in the UK. 8 months later the PSU just died, the warranty is 3 years "Power Swap" with a company called OCZTechnology. I know that as it is past 6 months it is not the retailers responsibility so I set about getting the item repaired/replaced with the manufacturer. They promptly gave me an RMA number but insisted that I had to pay costs of returning the item to them. Today my wife went to the post office to send it off. it cost £29.40 to send it to them in the Netherlands. They are insisting that it is my responsibility to pay this fee as they will pay for the cost of returning the repaired/replacment unit to me. The cost of sending the item is almost 50% of the value of the item. Do I have any area for redress? Paul

Yet again they have called. They are insisting on doing a full review. I even took the guys name and told him that if they continued to call I would contact the police and pursue a criminal harrasment case against them and the guy simply said "Whatever" His name is Paul Watts, they are using different numbers to call me on.

Hi, dragging this up from the depths again. I have been making regular payments of £35 to these parasites as the ORIGINAL CCJ stated, even though UC were happy for me to pay £25. Now I am getting phone calls from these people saying that as I have been paying £35 for a while they want to review my case. They started asking for things like "your mobile number" "your employers details" I quite rightly told them that they were not entitled to these details as under the Data Protection Act they only need enough data to carry out the job. They told me that they are entitled to review the agreement even though I have a CCJ. What reapply gripes me is that a company can "buy" a debt that is already being paid in accordance with a CCJ, then add interest etc and attempt to demand a greater monthly payment. I also notice that the Subject Access Requests are useless as they simply reply with: "As there is no obligation on us to produce a copy of the actual agreement executed by you, please find detailed below, the financial particulars relating to the loan." They also state: "Section 77 of the Consumer Credit Act imposes an obligation to supply a 'copy of the executed agreement'. Section 180 of the act provides for the making of regulations governing the form and content of copy agreements and, pursuant to that section, the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations were introduced in 1983. Regulation 3 (2) expressly provides that a copy need not be an exact copy of the agreement signed in that we are permitted to exclude from the copy:- (a) any details furnished by the customer (for example, any information required to underwrite the case and included in the agreement); (b) any signature boxes, signature or date of signature; and © in certain cases, the customer's name and address." When I made my SAR I got the following: There was an obviously doctored agreement form that did not bear my signature (or any signature in fact). The form was a badly photocopied document but my details had been written in using fresh Biro ink. A covering letter that was supposedly to show how the debt had been transferred from Universal Credit to Paragon was in its best form, useless. The letter was a document template without my name, address, or even a letterhead from universal credit. The document looked like a mail merge document with the field names included. Under scrutiny this would appear to be an attempt to falsely represent an actual debt to the company. I really need to get these parasites off my back. Any advice, is as always, greatly appreciated. Paul

I now have had a reply from the letter I sent dated 7th April. They have stated the following: "As there is no obligation on us to produce a copy of the actual agreement executed by you, please find detailed below, the financial particulars relating to the loan." They also state: "Section 77 of the Consumer Credit Act imposes an obligation to supply a 'copy of the executed agreement'. Section 180 of the act provides for the making of regulations governing the form and content of copy agreements and, pursuant to that section, the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations were introduced in 1983. Regulation 3 (2) expressly provides that a copy need not be an exact copy of the agreement signed in that we are permitted to exclude from the copy:- (a) any details furnished by the customer (for example, any information required to underwrite the case and included in the agreement); (b) any signature boxes, signature or date of signature; and © in certain cases, the customer's name and address." They provided details of the original loan ammount that was taken out with Alliance and Leicester. They then produced an extremely dodgy copy of a loan agreement where all the printed text is badly reproduced, and yet all the figures are obviously written in fresh and there is NO signature. They then provided what appears to be a template letter that says that they took over from Universal Credit. The letter still has the mail merge field names in rather than the actual data and is not signed, dated or addressed to me. They also produced a copy of the original CCJ that clearly shows that the payment is not £134 a month as suggested by Nicky Richards. The agreement through the courts was for £35 a month. I am prepared to continue making regular payments as agreed by both parties as per the CCJ. What should I do now? I feel that this really stinks and I may seek legal advice regarding any possible false representations. I simply can not believe that there is a loophole in the CCA that allows a company to claim a debt without producing Legible documents that include signatures and dates.

Thank you all for some excellent advice. I have just printed of the letter and it will be on its way this evening. I feel that this entire business needs urgent reform and legislation. My friend has just been chased for a debt for a loan he was paying yet the company folded. Now a debt collector has knocked on his door 8 years later. He is determined that the debt collector has nothing on him and is taking them to court.

There has not been a gap of 6 years. I have made a regular payment.

Yes the PPI was taken while in the forces. I (as were many soldiers) was sold insurance that was heavily loaded even though in some cases we were not covered. I was sold Life insurance prior to Operation Granby that was heavily loaded. Only to find that they would not pay up any claims due to it being a war. The insurance guy actually came to my house and we signed the papers there. He knew I was going to the Gulf. PPI is the biggest con ever. Even my mortgage insurance would not cover me when I broke my leg and then also tried it again when I had an operation (to fix the original break) 3 years later. They tried to argue that the operation was as a result of the original injury and as such was covered by the fact that I had not been in employment for 6 months. Even though I have only been out of work for 1 week in my entire life (I am now 40!). I am awaiting a statement from Paragon. Unfortunately Moving home and having a wife that sees anything resembling clutter as rubbish means I do not have the details of the original judgment. I will look at the links though.

I have spoken to them to day, albeit a little heated. I spoke to Nicky Richards. (Pagagon Collections Manager) telling them that I was considering reporting them to the FSO. She insisted that as they had thousands of agreements that they knew the law. I asked them to provide me with a statement of account and a CCA with PARAGON FINANCE. She believes that they do have one, I know for sure that they do not have anything signed by me that would resemble any form of contract. Is it me or do these people seem to think that anybody with a debt must also be stupid and will not challenge anything they say?

The judgement was not with Paragon, it was with Universal Credit. I believe that UC went bust in 1999 and Paragon bought the debt from them. Is the advice still valid? I know that interest was frozen as part of the judgment.

I had a loan from Alliance & Leicester in 1993. The loan was for £5000. I broke by leg and due to circumstances beyond my control could not make the payments. I was told I could not claim on the insurance because I was not in employment for more than 6 months (Although I had only just left the military after 9 years service and started work for the new company 1 week later). A judgement was made against me to Universal Credit. The judgement was for £25 a month. These payments have been met constantly. I am now being harrassed by Paragon Finance who say that they own the debt and that my payment of £25 a month is not meeting the "Contracted Terms" of £134 a month. Paragon have been running this account since 1999 and have never had a contract with me for anything. I have never signed a credit agreement with them. Are they acting unlawfully? Is this something that should be reported to either the OFT of FOS? I feel that I am not alone with Paragon as a search on google reveals many more people seemingly being harrassed by them.