Paragon loanline fscs

[reklaw]

phew, started at about 10.00pm and finally got here to post after reading through all the threads.

 

I took out a secured loan with Paragon that was signed off by a Paragon underwriter on 17/01/05

and was to consolidate credit debt that my wife and I had stacked up across a few years and due to a variety of reasons.

 

The principle loan was £35k gbp and the ppi was £8.7k gbp and being of the front loaded type where the policy was valid for the first five years.

I had initially made enquiries via a search engine the previous year, round about October 2004.

 

I responded to a marketing call by Loanline who said that they could get me a loan and after taking details came back with an offer from Paragon round about mid December.

 

I completed a loanline application form (07/12/04) but this was not a credit agreement and was where we could provide income and expenditure details.

 

A subsequent Paragon credit application was completed and returned just before Xmas 04 however the loan was declined as it was actually insufficient to clear our credit debts.

 

A second application was submitted 12/01/05 and this was followed by a call from Paragon on the 17/01/05 and the loan was agreed and signed off on this date.

 

Last year I became aware of the PPI issue and wrote to Paragon who denied liability for the PPI element and referred me to Loanline.

I found out from FOS that Loanline had ceased trading and was redirected to FSCS.

 

Forms were duly completed and submitted to the FSCS via Deloitte in September 2012 who verified and agreed that we met all eligibility including the effective date of 17/01/05.

 

The FSCS cover for this type of PPI came into effect on 14/01/05 so two days after I signed my application form but three days before the credit agreement came into effect.

 

The FSCS rejected the claim citing the date of advice as being effective from the 07/12/04 when the Loanline application form was completed.

 

My argument is that the effective date should be 17/01/05 as this is when Paragon completed the credit application as is effectively incomplete until they counter signed.

I have one opportunity to appeal and I want to ensure that I get this right and protest correctly.

 

I have anonymously contacted the FSCS by phone and e-mail and been advised that the credit agreement date would be the effective date for the claim

and that this would be the date that the credit agreement came into effect.

 

I wonder if anyone else out there has had this kind of rejection and successfuly appealed the first decision or otherwise?

Having also read the many threads about Paragon, wonder whether I should in fact be pursuing Paragon still?

 

Currently there is a balance of £12k gbp including about £3.5k gbp arrears

and Paragon have a suspended possession order as second mortgagee on the house.

there should be 24 payments left to make.

 

Circumstances are such that I need to get this resolved sooner rather than later as the last couple of payments have been withheld out of principle

and Paragon are chasing hard for a new payment arrangement.

 

Apologies this is so long but any help would be greatly appreciated.

 

If I knew then what I know now I would not have taken out the loan as the last eight years have been purgatory and casued so much hardship and distress.

 

yours humbly, Reklaw. :-x

Edited March 2, 2013 by citizenB
formatting

[reklaw]

Anyone able to assist? Very worried and don't know what to do for the best!

[citizenB]

Responding to your email.. just give me a few moments to read what you have posted and will see if we can help

[citizenB]

I will try and find someone on the site team to help you.

[ims21]

Hi

 

Dropping in as requested by CB.

 

I have to say I think you are right with the dates. The contract was eventually signed by both you and the lender on 17th and in my view this is the important date. Anything up to that time is just discussion and negotiation and nothing to do with the final contract that was signed.

 

I would stick to your guns on the 17th being the crucial date.

 

On another note, I think it unwise to withhold payment on the basis of principles. The courts would say that you have a contractual obligation to make your monthly repayments under the contract despite the fact that there may be a windfall due to the mis-sale of the PPI.

[dx100uk]

looks like you got stitched by on the possession order as well i bet

paragon are buggers for doing that

 

p'haps you need to also look at PENALTY charges

 

have you all the statements?

dx

[reklaw]

Thanks ever so much for the replies

 

Yes, I have full statement covering the eight years so far and all the original copy credit agreement/Paragon insurance certificatere the possession hearing

 

- I did mention about ppi to the duty solicitor at the time and she did mention it but I have a very clear recollection that the judge was not impressed

and skirted round it by saying that it was about time that the PPi stuff got sorted but then gave a suspended possession order in the next breath

 

I have reconciled in my mind that I need to prepare for worse case scenario and will contact Paragon to reinstate the direct debit and resume payments If the FSCS reject my claim,

 

do you think I still have a chance of claiming direct from Paragon on the basis that Loanline acted as their agent?

 

The credit application was on Paragon headed paper and some of the time it was not clear who was phoning me

and my ovrall impression was that it was Paragon requesting information via Loanline?

 

Thanks

[ims21]

Is your loan a regulated loan under the Consumer Credit Act?

 

If so then S56 of that Act may help you but it may take a court action to get that accepted by the other side. You can of course try it with Paragon.

 

As dx says, If there are penalty charges on the account you can reclaim those as well (as a separate issue). Have they put charges on for being late with payment, collection fees etc etc?

[reklaw]

It was an "Unregulated Credit Agreement" with a type relating to a legal chargecopy attached on pdf

 

 

 

 

[ATTACH=CONFIG]42079[/ATTACH]

Edited March 2, 2013 by citizenB

[reklaw]

just logging out as leaving work to go home - will check back later - thanks again!

[ims21]

Have unapproved the attachment as all of your personal details are showing.

[citizenB]

I have edited the document and restored it for you.

[reklaw]

Sorry and thank you! I never thought!

[reklaw]

Dear IMS21 and dx100uk -how do I click your star! sorry if sound like I am being a bit thick!

 

Also wondered waht the difference between the regulated and unregulated means? is it interms of whcih body regulates the complsints process?

[dx100uk]

below mine or ims21 msg boxes in the grey bar.

 

ok so its not CCA regulated so we cant use sec 56.

 

i find it strange the paragon are not coughing as they have before under these time limits/dates.

 

dx

[dx100uk]

i also find it strange that they say they will give cashback on the PPI at 10yrs

yet will not refund under a reclaim.

 

something VERY strange there.

 

fob off me thinks.

 

dx

[reklaw]

Thanks all, I have a phone appointment Thursday 07/03/13 with a Paragon bod about the ppi - I am sure it will be fun but will feedback in due course!

[reklaw]

Sadly not long after I wrote my last update I suffered a bereavement and I lost Interest in pursuing this but

 

coming into a new year I Felt I needed closure on this.

 

Paragon have not budged nor any success with the FSCS.

 

Has anyone any ideas or advice on how I could force Paragon's hands on this please?