Paragon chasing

[tomcat75]

Hello, and can i say what a great site this is!! In 1996 i took out a personal loan with Universal credit and ended up defaulting on it. Ultimately cost me my job in the army as they dont like people with debts. They eventually caught up with me in 2003 and i have been paying this off for the past five years as i foolishly gave them my debit card details.

 

Three months ago my debit card details changed and they were unable to take payment. Having phoned my current work to get hold of me they claim i no owe £380 of the remainding balance and £11000 in interest!!!! I have paid £8000 to these people and they still want more. They claim they have a CCJ for this, which i have never seen. I have followed the advice from the site and sent off a SAR. But i have had more harrassing phone calls trying to get me to pay with my debit card. I dont really want to do that as they then just take money every month without a direct debit agreement. I told them i want to deal with this in writing but they say as my account is in arrears they will keep phoning me everyday until i make a payment. They even said they would call my workplace.

 

Any advise to sort out this matter would really help as i dont want calls every day to my mobile or work.

[IdaInFife]

Send the following letter:

 

Harassment by telephone - Consumer Wiki

 

Send it by recorded delviery and after you have confirmed they have received it, keep a log off any calls so you can make a complaint.

 

 

When did you send the SAR?

 

If they phone you again, do not confirm your details and tell them 'in writing' and hang up.

 

 

 

 

Idax

Edited June 26, 2008 by IdaInFife

[tomcat75]

I sent it out on Tuesday. Can they still contact my present employer like they have been doing???

[IdaInFife]

Have you gave them your workplace telephone number? If you haven;t then I would not be worried.

 

They should not divulge any info to anyone about you anyway. They try these things as they think this will push you for payment etc.

 

Sooner you get the harrassment letter sent off the better.

 

 

ida x

[IdaInFife]

And never give debit/credit card details or agree to set up a direct debit via bank account. I always insisit on their details so i can pay by online banking - it's free and you are in control.

[tomcat75]

Thanks for the advise. They got my work number from somewhere.. dont know where. They called it three times now. Problem all inbound calls into the office are recorded and i am worried they will be picked up by one of the bosses.

 

Any thoughts on what to do about the interest???? I mean £11000. it will take me years to pay that off!

[IdaInFife]

Tom,

 

As you already have sent off the S.A.R - (Subject Access Request) then you can see exaclty what has been paid and any extra charges etc. to see if any reclaimable.

 

Just have to wait on what they send you in response

 

 

Idax

Edited June 26, 2008 by IdaInFife
taking out as quick action by mods

[tomcat75]

I have now had a letter from R D Shelton solicitors expressing how dissappointed they are that i havent contacted Universal credit as i have stopped my payments.

 

Obvious lie as i told Paragon last week that i wasnt going to pay anymore until i had full details of the debt in writing. I sent off my SAR last week, but they have threatened legal action if no payment is made in seven days. I am reluctant to give them my card details over the phone as they can do what they want with them.

 

They say is they go to court it will result in either baliffs, attachment of earnings order, charging order, bankruptct or third party debt order. Can i drag this out until i get the info from the SAR. Or will i have to make a payment to stop them from doing this???

[ScarletPimpernel]

The very first thing to do is stop speaking to them on the phone - keep everything in writing. This is for two reasons: firstly, they will say whatever it takes to get money on the phone, so letters make them more circumspect and provide an evidence trail, and secondly, letters give you time to think.

 

The threats of imminent legal action, bailiffs and attachment of earnings orders are the usual template letter bluffs. Such letters may breach the new Consumer Protection from Unfair Trading Regulations, so it would be really useful if you could scan them (details removed for PERSEC), or type the exact wording.

 

You have sent a SAR, which is good, but can take 40 days.

 

I think you now need to formally dispute the debt, which will have the effect of forcing them to suspend collection activity until it is resolved.

 

I am happy to draft a suitable letter.

 

It would also be useful to know Shelton's and Paragon's addresses so I can check the Information Commissioner and Law Society sites, since time spent in reconnaissance is never wasted!

 

Lastly, you mention that they are in touch with your employer. Is this with your consent?

[paulwlton]

If they have a judgment on you, then, to force you to pay the interest they will have to take you back to court.

[ScarletPimpernel]

If they have a judgment on you, then, to force you to pay the interest they will have to take you back to court.

 

 

Indeed, but there are two points to note:

 

- if OP has never seen the CCJ, it is likely that it was obtained by default, and so could be set aside

- the credit agreement would have to include an 'interest after judgment' clause

 

It strikes me that the first thing to do in this case is to stop Paragon/Shelton in their tracks, and then get to the bottom of what happened in the past and then act acording to what is found.

[paulwlton]

Indeed, but there are two points to note:

 

- if OP has never seen the CCJ, it is likely that it was obtained by default, and so could be set aside

- the credit agreement would have to include an 'interest after judgment' clause

 

It strikes me that the first thing to do in this case is to stop Paragon/Shelton in their tracks, and then get to the bottom of what happened in the past and then act acording to what is found.

 

A CCA sec 77 request would reveal if there's an interest after judgment clause.

[tomcat75]

Thanks for your replies on this... here is how the letter is worded.

 

We are dissappointed to note that you have defaulted upon the arrangement made with universal credit. We are further concerned that you have not made contact to advise them of any difficulties you are experiencing.

 

In the absence of contact with universal credit limited on tel number, within 7 days of the date of this letter, they will be left with no alternative other than to instruct us in the commencement of legal proceedings to enforce the judgement. This will result in one of the following courses of action:

 

instruction of baliffs

attachment of earning order

charging order

bankruptcy

third party debt order.

 

We trust you will now act to avoid such consequences.

 

With regards to the CCJ i never saw it as i just had a phone call out of the blue several years ago. The arrangement i made with them was verbal over the phone. nothing in writing. I have been in contact saying that i only want to deal in writing now as the interest on the account is huge despite the fact i have paid off everything else. With regards to work i never gave them my work number or authority to call me there.

 

Scarlett pimpernell if you are able to help with a letter in this case i would be very grateful.

[IdaInFife]

Send RD Sheltons a CCA request

 

Consumer Credit Act template - Consumer Wiki

 

 

And at No.5 copy of the default notice

 

 

Ida x

[ScarletPimpernel]

Do you have Paragon's and Shelton's addresses, Tomcat? I want to check a couple of things.

[IdaInFife]

Paragon Advance Ltd

Registered and

Correspondance address:

4-5 The Briars

Waterberry Drive

Hampshire

PO7 7YH

 

 

R D Shelton

47, Queen Street,

Wolverhampton,

West Midlands

WV1 3BJ

[tomcat75]

paragons address is Paragon personal finance, St catherines court, herbert road, West Midlands, B91 3QE.

 

Sheltons is as above on the letter.. same address

[ScarletPimpernel]

Send this to Sheltons:

 

Dear Sirs

 

I refer to your letter dated xxxx, the content of which is noted.

 

I require your clients to stop telephoning me, and to communicate only in writing. You will be aware that failing to respect a debtor's wishes on where and when to make contact is considered an unfair practice under the Office of Fair Trading Guidance on Debt Collection.

 

I would be grateful if you would send me full details of the County Court Judgment you say your clients obtained, as I have no record of receiving a claim and thus having an opportunity to defend it. I do not recognise the amount your clients claim is owed.

 

Please also send me a detailed statement of account; you will know that the OFT Guidance requires you to do this upon request.

 

This letter is also a formal request pursuant to s.77 of the Consumer Credit Act 1974 for a true copy of the original credit agreement and other documents as required by the Act. I enclose a postal order for £1.00, which is the statutory fee; this fee is not to be used for any other purpose. You will be aware of the statutory time limit for compliance.

 

In the meantime, as a gesture of good faith, I am able to make payment of £(what you can comfortably afford) per month, by standing order. You should let me have your client's bank details so I can set this up.

 

Yours etc.

 

They won't like this - their aim is to scare you into phoning Paragon so they can scare you into paying as much as possible. However, they can't ignore it - though the reply may come from Paragon.

 

It may be expedient to contact the Registry Trust and get them to do a search for the CCJ, in case Shelton's won't play nicely. It costs about £8, but is quick. If you genuinely didn't receive the claim, you can get the CCJ set aside (costs £75) - they'll probably go for another, but you will be able to defend/counterclaim, and even if you lose you'll be able to set up instalments you can afford. Of course, if they can't produce a credit agreement, they are fecked.

 

Given the amount they claim is owed, they may try some form of enforcement, so you should act quickly.