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    • Yes the next step I think is a letter of claim. If you are not familiar with them already then please read up on this forum the steps involve taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance so that you will be confident. Draft a particulars of claim and post it here. Keep it short and sweet
    • Last one for the night, do I send the Statue Barred letter recorded to the PO Box address on Overdales correspondence or to this address 2a, 606 Business Park, Staithgate Lane, Bradford, West Yorkshire, England, BD6 1YA for Overdales?  I found the second one on the Gov.uk company search engine. Thanks PM
    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
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Payment Protection Insurance - Paragon


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Hi All,

 

I have a situation with Paragon and it's in the General Debt forum,

 

But for PPI information I've been told to post here ...

 

I took out a loan with Paragon some 10 years ago and believe that I was mis-sold the PPI at the time. How do I work out how much I should be looking to claim back or have I got the wrong idea?

 

Thanks

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Hello alex,

 

But for PPI information I've been told to post here ...

 

I took out a loan with Paragon some 10 years ago and believe that I was mis-sold the PPI at the time. How do I work out how much I should be looking to claim back or have I got the wrong idea?

 

You are in the correct forum.

 

You will need to post more information dates, reason for mis-selling, etc.

 

Please do not post names, account numbers or personal details.

 

I am not sure if there would be a limitation on the claim but as PPI is currently a huge or about to be mega huge I would suggest a claim (if you have valid reason) is in order.

 

Hope this helps you get a start

 

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 :mad:

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

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

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.

 

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Hi alanalana

 

 

I've sent a SAR today to get more info but I've been paying £25.06 since Nov 07.

 

I was informed that the payments were optional, but not that I could go elsewhere for the protection. They made me feel I had to take their protection plan in order to get the loan.

 

Quick question ... The loan that the plan is attached to was in joint names, although I am the only one insured on it, can I amend the protection without the other signature of the other person as we are no longer in communication with each other

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Hello alex,

 

I've sent a S.A.R - (Subject Access Request) today to get more info (Good) but I've been paying £25.06 since Nov 07. Why are the payments of £25.06 (I assume this is PPI?) only from Nov 07 if the Loan is 10 years old? Or can you enlighten me further?

 

I was informed that the payments were optional, but not that I could go elsewhere for the protection. They made me feel I had to take their protection plan in order to get the loan. This may be an issue you could use since the preliminary findings by the Competition Commission...see this...

http://www.competition-commission.or.../pdf/18-08.pdf

 

Quick question ... The loan that the plan is attached to was in joint names, although I am the only one insured on it, can I amend the protection without the other signature of the other person as we are no longer in communication with each other. Not to sure about this one, but if the protection covered you only why would you wish to change?

 

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 :mad:

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

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

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.

 

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Hi

Q1 - the £25.06 payment are for PPI it has been since nov 07 as this was when the loan began. I'm still paying because ... I'm not sure why. Paragon say I still have £9,700 odd left to pay (see this link if you'd like http://www.consumeractiongroup.co.uk/forum/general-debt-issues/148293-paragon-finance-enough-enough.html)

 

Q2 - what I'd like to change about it is to cancel it.

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Hello alex,

 

Hi

Q1 - the £25.06 payment are for PPI it has been since nov 07 (is this 2007 as the thread you have included states loan in 1997?):???: as this was when the loan began. I'm still paying because ... I'm not sure why. Paragon say I still have £9,700 odd left to pay (see this link if you'd like http://www.consumeractiongroup.co.uk...gh-enough.html)

 

Q2 - what I'd like to change about it is to cancel it.

 

All you have to do then is to write a letter explaining that you no longer require the PPI request them to cancel the PPI.

 

They should comply and give you a rebate on the PPI. You can then decide if you want to claim for mis-selling......

Payment protection | Were you mis-sold PPI? | PPI - rules before 2005

Payment protection | Were you mis-sold PPI? | PPI - the rules

 

If you have a valid mis-selling claim and want to reclaim all the payments back to when the PPI started. Then you will need a valid case with all of the relevant documentation hence the cca and sar requests. Once you get the documentation you can check it over post it on your thread removing all personal details, names, account numbers, addresses etc and get feedback on the legality of the document.

 

It may be worth checking out the stickies and a few other threads to get examples of letters you could use for your own case.

 

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 :mad:

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

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

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.

 

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aa

 

Sorry, I have been paying the PPI since Nov97.

 

It seems that I have to wait for the CCA & SAR. Still not sure about changing the PPI without the signature of the other person though ...

 

Thanks ...

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hello alex,

 

aa

 

Sorry, I have been paying the PPI since Nov97.

 

It seems that I have to wait for the CCA & S.A.R - (Subject Access Request). Still not sure about changing (are you wanting to change or cancel the ppi) the PPI without the signature of the other person though ...

 

Thanks ...

 

as you were the only named person on the insurance I do not believe there should be any problem in trying to cancel it.

 

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 :mad:

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

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

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.

 

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  • 3 months later...

Hello Alex,

 

Got you pm and as I have stated you need to send them a non-compliance letter immediately, giving them 7 days to respond.

 

Report the non-compliance to the Information Commissioners Office as well asking for their investigation. I am aware that the ICO is overwhelmed with complaints, so this will not happen overnight.

 

Your other option if they don/t comply is to issue a court summons for a breach of the dpa.

 

But give them another ten days:rolleyes:

 

I have had a look at you other thread and the credit agreement looks kosher, is that the one that you have or have they sent it to you with a section 77/78 request.

 

Have you now cancelled the ppi and do you have written confirmation of the breakdown of the refund.

 

Can you please type up the loan details, so we can work out the first calculations of the ppi and the interest they applied.

 

Need the amount borrowed

cost of ppi

total charge for credit

interest rate

 

amount payable each month and the lenght of the term ie years months

 

This would be helpful:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hellhasnofury,

 

To answer your questions, I'm using the copy of their copy of the agreement that's on photobucket.

 

Need the amount borrowed - £7,000

cost of ppi - £25.06 per month

total charge for credit - sorry no idea, was never told

interest rate - 22.9

 

amount payable each month and the lenght of the term ie years months -

164.32 for 120 months

I'm not at home at the moment, I work away from home, so don't have access to my documents, but I'm sure that the copy of the agreement they sent me is dated BEFORE the copy I have. To try and explain, when we took the loan out I think we changed the amount from £7,000 to £7,500 and this needed a new loan agreement to be drawn up. I have the agreement for £7,500 and they have the agreement for £7,000 which was not the latest agreement that we signed.

 

I do hope this helps.

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  • 2 years later...

hi there, im new to this site and looking for some advice. i took out a £30000 loan from paragon, but within a year of taking out the loan i sold my house and repaid the loan. however they added £10000 ontop of what i owed and said it was ppi. i rang them yesterday as a friend told me i would be entitled to a rebate. i phoned them and the girl said that the ppi was still valid and she would put it to the team and they would get back to me with a figure. she wasnt able to tell me how much it was. i really dont understand any of it. but am i right in thinking i paid 10yrs ppi but only used a year of it. the loan was took out over 10yrs.

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