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    • Please see my comments on your post in red
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    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Help and Advice with Universal Credit Now Paragon


johnrs101
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Hi

 

Thanks for taking a look.

 

Back in 1994 I took out a loan with my then partner for £5000 over 84 months with Universal Credit.

 

A few years later I was made unemployed and also got divorced and as a result fell behind with the loan.

 

From what I can remember both myself and my X made separate agreements to pay this back at a reduced amount.

 

I also remember that interest would be frozen.

 

Years passed then all of a sudden I get a letter and to my shock the debt is now over £17,000

 

I have always been making reduced payments on this account and I have written to them asking for a copy of the agreement and also a break down of all payments made to the account since it started. I have included any payment for this information so not sure if they will reply to me.

 

I do have a one sided photocopy of the Flexiloan (no sure where I got this from) and have attached this (personal info has been removed)

 

There is a Paycare insurance box which has my name in it. Is this PPI ?

 

I am waiting for the break down on payments to I can work out how much has been repaid and will post that when I get it back.

 

How long can Paragon keep chasing this debt ? can what I do to reduce this ridiculous amount as this is now a loan I would never be able to pay back. Are there ways to have this debt sorted so I am paying back a sensible amount with reflect the original loan amount. This debt is 18 years now and I would like to resolve it

 

Many thanks for looking and any advice you can offer.

 

J

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18yrs

 

you are kidding.

 

so what was the reduced payment>

 

dx

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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you ll have to attach a pdf .

 

dx

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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18yrs

 

you are kidding.

 

so what was the reduced payment>

 

dx

 

I wish I was. I have been paying £30 and not sure what my x has been paying.

 

They have recently asked me for a income and expenditure form which they said it was a legal requirement. This is what has finally prompted me to take some action. Something I should have done a while ago.

 

Thanks

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there is NO legal requirement to tell them ANY of your pers fin det!!

 

only a judge can order that.

 

god this smells.

 

i take it there is no sign of this debt on your cra file?

 

see below.

 

£30 PCM equates to £6480

 

stop paying now!

 

send them an SAR

 

dx

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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oh and that CCA is unenforceable

 

dx

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

ao this is the second of these to crop up in a couple of weeks, musy be a new boy at paragon trying to make a name for themselves by looking through people paying a reduced sum with the interest frozen and then tryingg the it on by backdating the interest - make an official complain to them and see what transpires, and STOP PAYING

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oh and that CCA is unenforceable

 

dx

 

Hi, Thanks for your really quick replies. Didnt expect anyone to respond this quickly.

 

Can you explain a little more why the CCA is unenforceable (i guessing CCA means Consumer Credit Act)

 

If I stop paying and send them a SAR will that not make matters worse as I have stopped paying or does a SAR mean I am not officially disputing this

 

Just want to be clear on where I stand so I dont go and mess this up

 

Many thanks again

J

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sar does not dispute a debt.

 

your consumer credit agreement is def not enforceable.

 

 

no canellation rights

no total cost of loan

no details of cost of PPI.

 

etc etc

 

dx

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

where did that cca come from?

 

you could CCA them

 

see if they've got the agreement

 

if not then in 14days you could LEGALLY cease payment.

 

dx

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

where did that cca come from?

 

you could CCA them

 

see if they've got the agreement

 

if not then in 14days you could LEGALLY cease payment.

 

dx

 

I did ask for a copy of my agreement from them a few years back and this is what they sent me.

 

I sent a letter via recorded post on the 13/09/2012 asking for a copy of the original agreement + all payments made.

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sorry you sent an official CCA request ... yes?

 

if so then thats failed now

 

sent the failure to comply letter and you can safely stop payments.

 

dx

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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This is what I sent them. Dont know if this counts or not

 

Dear Sir/Madam,

 

 

With reference to the above account. Could you please provide a copy of the original loan agreement and a full comprehensive statement of payments and balances from when the loan commenced in April 1994.

 

 

On your recent letter I have noticed that the balance is still significantly increasing and far exceeding the original loan agreement. After 18 year I don’t see the current outstanding balance of £17,156.55 being a fair and justified sum when the original loan was £5000 over 7 years.

 

 

I wish to have the matter resolved and will be seeking further financial advice as I feel that after 18 years the sum of money to clear this debt is unreasonable.

 

 

I look forward to your reply

 

 

Regards

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Likely to be ignored, there is a statutory fee of £1 payable for this request, take a look at the CCA request letter from the Cag Library.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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working days

 

dx

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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