Unviversal Credit CCJ, Sold to paragon , now Arrows and restons

[stephen7]

docman, hi,

my reference to the ccj was to the upcoming hearing, which i anticipated losing, hence the ccj.

they had no evidence in the oiginal application. that's why it was struck out.

in this one, the brief details of claim is for monies due from the defendant under an agreement made between the parties in 1996.

( the agreement was not with arrow)

they have now provided a copy of the NOA and the original Credit agreement.

there is no DN, as the account has never been in default.( they now say they don't need one.

hope this clears it up

[The GodMother]

they cant take u to court without a DN i thought

[Docman]

They may not need a DN if the agreement ended naturally ( I am willing to be corrected) but if the OC took any action, they would have to issue a DN.

 

Arrow need to produce an ENFORCEABLE credit agreement, possibly a valid DN and a valid NOA.

 

Stephen, can you type up the POC as they appear and also post up the CCA, and NOA. I know you posted them earlier but the link doesn't work.

[stephen7]

godmother,

i thought that also, but they agree with docman, as the term has naturally expired, they say they don't need one.

docman,

will try to post them up

[stephen7]

lets see if this works.

the POC ( of this 2nd claim)

[stephen7]

and the CCA and NOA

[stephen7]

for some reason, they have automatically been reduced to thumbnails, so unsure if you can read them

[stephen7]

can anyone confirm something regarding the NOA. on reading other threads, i understand that the NOA should be issued, in this case, by paragon, not arrow. is this correct?

i have checked through my paperwork and there is no communication about this from paragon.I sent paragon a SAR to which they replied. so a copy of the NOA should be included with that, shouldn't it?

[Docman]

for some reason, they have automatically been reduced to thumbnails, so unsure if you can read them

 

Stephen

 

Can you use photobucket to repost as a larger image. The thumbnails are a bit small,

[stephen7]

lets see.

the POC

http://i729.photobucket.com/albums/ww298/sjrw1/arrow1.jpg

[stephen7]

and the NOA

http://i729.photobucket.com/albums/ww298/sjrw1/arrow3.jpg

and the CCA

http://i729.photobucket.com/albums/ww298/sjrw1/arrrow2.jpg

hope these are ok

Edited February 28, 2009 by stephen7
typo

[stephen7]

have just received arrow's witness statement, to which i have now two weeks to retuen to them and the court my own.

for once they were on the ball

[pt2537]

id like to know what drugs hes been smoking

 

How the hell does he come to that figure?

 

120 x £28.53 = £3423.60

 

so unless there has been no payment ever, and a huge amount of penalty charges, which are unlawful and irrecoverable by the claimant in any event, their claim is defective and therefore their pleadings are wrong and should be struck out or atleast amended

 

How many payments did you make steve towards this debt? clearly the figures are wrong, however they are right about no needing a default notice for this as they are not suing for future monies if they were due at the point which their claim says

[pt2537]

Also, does the break down of the account shed any light on the matter?

[pt2537]

oh and lets not forget this is their second bite of the cherry too as they stuffed it up first time around and now seem to have done the same here

 

im not surprised though as i have had dealings with copes before and i must say the words "not the sharpest tools in the box" springs to mind, especially when the facts of my clients case is taken into consideration;)

[stephen7]

pt, hi,

i made 11 payments at the full amount (£28.53), oct 1997. then i started hitting difficulties. then, according to their breakdown, nothing until may 98 ( £15.00) and then again, nothing till jan 01. (£15.00).i will have to check my own payment record to refute/verify this.

it then shows minimum payments each month of £15.00, Sometimes more until jan 06 then... nothing.

there are a couple of " sundry debits " amounting to £100.00 and some "third party charges" amounting to just over £200.00. the remainder is made up of interest charges, varying amounts each month from around £20,00 to over £70.00.

so their figures show i have only paid £1313.83p

[pt2537]

pt, hi,

i made 11 payments at the full amount (£28.53), oct 1997. then i started hitting difficulties. then, according to their breakdown, nothing until may 98 ( £15.00) and then again, nothing till jan 01. (£15.00).i will have to check my own payment record to refute/verify this.

it then shows minimum payments each month of £15.00, Sometimes more until jan 06 then... nothing.

there are a couple of " sundry debits " amounting to £100.00 and some "third party charges" amounting to just over £200.00. the remainder is made up of interest charges, varying amounts each month from around £20,00 to over £70.00.

so their figures show i have only paid £1313.83p

so are their figures correct?

 

do you agree with them

 

i cant see any terms and conditions which set out the charging structure which is required by schedule 1 para 22 of SI1983/1553

[stephen7]

so are their figures correct?

no, i don't believe so

 

do you agree with them

i most certainly do not

 

i cant see any terms and conditions which set out the charging structure which is required by schedule 1 para 22 of SI1983/1553

 

my missus has " put away" for safe keeping, my receipt books, and am unsure as of my figures till i add them up. unfortunately she is at work for the next few hours, so cannot compare them till she comes home

[stephen7]

have just spoken to my OH on the phone,snd i sm sfrsid to say that as the case had been struck out last year,and was over and done with, ( so we thought) she thought we no longer needed the books and has disposed of them,so it looks like i cannot argue over the amounts paid

[stephen7]

 

i cant see any terms and conditions which set out the charging structure which is required by schedule 1 para 22 of SI1983/1553

 

the T&C are set out on the rear of the CCA

[stephen7]

there is also no mention of the £330.00 paid to them since 4 dec 2006

(THIS I DO HAVE PROOF OF)( the date they are baing the amount of claim on)

[pt2537]

the T&C are set out on the rear of the CCA

Does it set out the default charges?

 

that was my point, without the charges set out in the CCA they cant charge you as the terms would be immediately unfair

[pt2537]

So how do they come to the figure they claim then, it is actually more than you would have to repay and thats not taking into account that you have paid them over £1300

[stephen7]

on the rear, it says:

default charges

a) additional interest shall be payable by the customer on any overdue monthly payment or part thereof by virtue ofcompounding of interest.

b)at the company's discretion a charge in accordance with the company's tariff shall be made for each and every monthly payment or part thereof not paid on the due date ( whether previously demanded or not)

c) any reasonable disbursements incurred in locating the customer as a result of thetheir failing to comply with clause 6 ( change of address) and shall be debited to the account.

d)any payments received from the solicitors or collection agents shall be credoted to the account net of charges

e) any reasonable disbursments incurred in collecting any overdue payments shall be debited to the account.

that is everything regarding default charges on the rear. looks like they have covered most of their bases

[stephen7]

So how do they come to the figure they claim then, it is actually more than you would have to repay and thats not taking into account that you have paid them over £1300

approximately £4000 in interest