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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Paragon + Loan Line Ltd


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  • 3 months later...

I wrote to Paragon stating that I felt I had been misold a PPI they advised me that it was LoanLine who arranged everything so I needed to contact them. I did and they have responded with the standard ' you signed the forms type of letter' they have also stated that as the loan was taken out in 2003 it was before any changes in the rules and the letter kind of reads even if we did misell to you its tough because it is pre 2004. Can anyone advise if this is right.

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Not my area of expertise, ( if there is such a thing :) ). I'm sure others will be along shortly to answer your query.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 3 months later...
  • 3 years later...

Hi

can anyone advise if the rules have changed on claiming PPI from finance companies

 

 

I took out a secured loan in 2004 with Paragon after being told I would have a better change of getting the loan,

 

I was at the time desperate to sort my finances and so thought I was doing the right thing.

 

I have been paying for PPI since but the cover ended in 2009

 

(I hadnt realised at the time of taking the loan out that it didnt cover the full period)

 

I contacted Paragon a few years ago and stated that I felt the PPI had been missold

 

they told me that as the loan was made through a broker who is now bust LoanLIne

 

if I remember rightly it has nothing to do with them.

 

Can anyone advise if this is true as I will be paying this PPI for another 6 years

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Rule change?

 

Go for Paragon

 

Get a new claim put in...Work out what you are due using a sopreadsheet and complete a fos questionnaire.

 

If you read No.1 in my signature, the spreadsheet is at the end.

 

The questionnaire is available from the fos website.

 

Do you have all of your statements and the loan agreement?

If not send a SAR (Subject Access Request) to Paragon.

..template in the CAG library, the link to which is at the top of every CAG page in green.

 

ims

 

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Apologies for breaking in on the thread, so its doesnt matter then if it was done through a broker the original company is the one to reclaim from? I had a paragon loan and they said the same thing to me.

If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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Thats why I was unsure as I tried to claim this back a few year ago and got no where with them but I will certainly go for it again, nothing to lose and everything to gain

 

Well Paragon have told me to take a running jump

Loanline were brokers and dont exist anymore and it seems that the loan was an unregulated loan so I have no comeback to claim and will have to keep on paying until the bitter end :evil:

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  • 1 month later...

I have an unregulated loan with Paragon and I am paying a fortune for an insurance that ran out after 5 years even though the loan was for 17 years, I have sent in a PPI claim and they have told me that Loan Line were the brokers and anyway it was an unrgulated loan so tough, it does seem very unfair though that they get away with this

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i took out a loan with universal credit in 1993,with ppi,which turned out to be useless.a few years later paragon took them over and reinstated previously suspended interest.my arrears are now 3 times the original amount and im still paying.i will never be able to repay.anyone any ideas?

cheers.

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I think the problem is greater with unregulated loans.

 

It will be really interesting to get the Harrison final verdict but how soon that will be is anyone's guess.

 

Those who have regulated agreements should be able to rely on the CCA provisions of S56 and S75 IMHO of course

 

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.......Those who have regulated agreements should be able to rely on the CCA provisions of S56 and S75 IMHO of course

 

can you elaborate/explain this? :)

 

yes, no doubting that 'they' can be beaten depending on the particular circumstances. was just posting up info for general reference, and so caggers are aware that the often cited harrison, which the creds/courts have recently used against the borrower, may no longer be, hopefully

Edited by Ford
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can you elaborate/explain this for me? :)

 

yes, no doubting that 'they' can be beaten depending on the particular circumstances. was just posting up info for general reference, with the hope that the often cited harrison in their 'defence', which the courts have recently relied on against the borrower, may no longer be.

 

Hi

 

Yes appreciate you were posting for general reference and I agree that there is hope from the SC.

 

As regards regulated agreements under the CCA 1974, the Act provides protection for the borrower in respect of negotiations carried out by a third party. Particularly the Act states that a broker is regarded as an agent for the lender.

 

ims

 

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how do those provisions work re a separate ppi policy provided for by a broker. ie not a credit agreement? have those provisions you mention been pleaded successfully in court re ppi?

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Hi

 

They will not be relevant on stand alone product which say runs alongside a loan but is a separate payment. But for single premium policies added to the loan and featuring on the agreement then they would be relevant.

 

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hi

ie s56/75 relates to credit agreements only. ppi policies do not form part of a cred agreement, even if a single payment up front.

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then that could be a 'mistake' by the broker/creditor which may affect the agreement amount itself, but would that be re s56/75 as such re ppi policy? a ppi policy is not a cred agreement. wasn't there a recent case re this single premium being part of the 'amount'? don't recall it atm. perhaps that case can clarify?

Edited by Ford
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How are you doing with this claim I have a loan with paragon also and they are charging an arm and a leg for PPI which ended 5 years into the loan which I wasnt aware of before hand. They say that it is the brokers fault and they no longer exist. Are you still paying the loan or have you suspeneded payments to them?

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