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

[stephen7]

cb,

basically yes, their main points are outlined in post 214 of this thread

[citizenB]

Ok, I can see where you are going now. It is my understanding that a Witness statement is a beefed up defence, expanding on some issues and pulling apart the other side's. I dont seem to be able to find a suitable one at the moment.

 

Cashins, andyorch and pt seem to be helping you out, hopefully they will be along soon to give you a hand.

[stephen7]

that was my understanding too, and what i was aiming at, i'm sure someone will set me straight if i'm wrong and lead me down the correct road

[MARTIN3030]

Will just move the earlier post down again for ease of the refs.

 

 

 

here's where i am at the moment regarding their witness statement:

it says:

the defendant entered into a personel loan agreement with UC dated november 1996. a true copy of the agreemnt is attached.

true, but as it says, the agreement is with UC, not arrow

can i use this in my statement reply?

the defendant breached the T & C of the agreement in november 1997. the defendant has failed to remedy the default and the defendant's conduct amounts to a repudiation of the agreement. as a result of the defendant's repudiation, the agreement was terminated accordingly.

the agreement was only terminated by arrow when they commenced these procedings, after i refused to take out a new loan to pay this off, and disputed the amount of the balance.

if, as they say, i was in default, surely a DF notice would have been sent?

i believe i should have been notified way back in 1997/98 if the agreement had been terminated, if the above is correct.

subsequently, the agreement was assigned to the claimant and a letter of assignment dated dec 2006 which is reproduced and exhibited, which was duly served on the defendant, notifying the defendant of the assignment.

this is the one from arrow only

as i understand it, i should have had a NOA from UC assigning the account to paragon, and then one from paragon assigning it to arrow.

 

can anyone advise me where i stand with this, and if i can use any of the above in my own witness statement

[r&b]

subbing... gd luck stephen7

[stephen7]

thanks r&b, going by the last time with the judge, i'm going to need all the luck i can get

[stephen7]

have to get this sent off asap, so, will have to hope for the best, fingers crossed

[stephen7]

any last recommendations/advice before posting?

[stephen7]

hi all,

an update, in case anyone is interested,

basically........................ i lost.

without the written proof of the agreement to freeze the account and interest, i, as far as the judge was concerned, didn't have a leg to stand on and awarded arrow the judgement. they are now applying for a charging order against me, so waiting to hear about that now, guess it will all be over in about another 10 years.

[postggj]

hi stephen

 

with out going over the whole thread

 

what was the defence

 

why did you lose

[stephen7]

original claim by arrow was struck out,(as showing little sign of success) about 6 months later they tried again,this time i applied for it to be struck out again as an abuse of the system( same claim as before) the judge, this time let them win and rejected my application. this last time the judge would only allow me to defend the amount owed and not their application ( no DN, no NOA from universal or paragon)i had to prove that the account and interest was frozen back in 1998 ( as it was, by UCL ) unfortunately, 11 years later, i did not have the written proof, whilst he agreed that the statement of account seemed to back this up, without the letter, he could only legaly assume that this was all as i was paying and not that it had been agreed, he dismissed my arguement that if it had not been agreed surely a DN, ( at least) would have been issued, if not a County court claim.

mind you, he did reduce the costs they applied for ( felt sorry for me, i think.)

[postggj]

1998

 

Was The Account Not Statute Barred

 

They Need To Show The Default Notice In Court To Prove The Account Has Been Terminated

 

How Can A Judge Let Them Try Again On The Same Poc

 

This Is Not Right

[underdog13]

I'm so sorry to hear this Stephen - couldn't you appeal?

[stephen7]

1998

 

Was The Account Not Statute Barred

 

They Need To Show The Default Notice In Court To Prove The Account Has Been Terminated

 

How Can A Judge Let Them Try Again On The Same Poc

 

This Is Not Right

as i was still paying the original account, it was not statute barred.

they argued that as the orignal terms of the agreement for paying the account, ie 120 months, had expired no DN needed to be issued and the judge agreed.

the judge decided that as the orignal claim was struck out by another judge, without a hearing, that they would be allowed to reclaim.

[stephen7]

I'm so sorry to hear this Stephen - couldn't you appeal?

not too sure, but i don't think so

[The GodMother]

I would ask one of the Mods about this as i am sure something is wrong they had no evidence of anything like a DN/NOA so how could they claim in there owned name. They have to have issued a DN b4 court action.

[postggj]

Ditto On This One

[stephen7]

I would ask one of the Mods about this as i am sure something is wrong they had no evidence of anything like a DN/NOA so how could they claim in there owned name. They have to have issued a DN b4 court action.

they did have a NOA,.............. issued by themselves, none from paragon or universal. the judge accepted this.

they said that no DN had to be issued as the prescribed term time had expired........... the judge accepted that also.

and as far as i know, there is nothing i can do about it............. unless someone here knows different.

[postggj]

they said that no DN had to be issued as the prescribed term time had expired........... the judge accepted that also.

 

 

WHAT PERSCRIBED TERM TIME

 

A DEFAULT NOTICE HAS TO BE ISSUED TO TERMINATE AN ACCOUNT,

THE FIRST STEP IN LITIGATION AND TO GIVE THE ACCOUNT HOLDER A CHANCE TO RECTIFY THE DEFAULT

 

 

I FEEL PT NEEDS TO LOOK AT THIS

 

THIS IS WRONG

[stephen7]

the original loan was over 120 months, the 120 months had expired ( obviously an outstanding balance as i was paying an agreed reduced amount,)so no DN needed to be issued

[dinozoff]

My understanding of a CCA 1974 regulated agreement is

 

Interest cannot be added to a debt where

1) The judgment is under £5,000

2) The debt is CCA regulated

You could invite Paragon to take you to the county court, i dont think they will risk it. If they lose then they open all their agreements to be challenged.

You should also consider applying for a Time Order if they are continuing to add interest while you are disputing the debt, which can be done at the county court.

[dinozoff]

opps did not notice the date.

 

How did you get on

[sequenci]

opps did not notice the date.

 

How did you get on

 

Some good advice there (allbeit a little late) - welcome to the forums

[stephen7]

to let you all know,

i wrote to paragon and they replied they were quite entitled to add interest ( the balance is almost £17,000 now) and are still adding it, by the way.

thay also stated that, " due to my circumstances" the account would be closed as soon as the judgement is paid off.

very generous of them eh?

nothing to do with the judgement being under £5000 and the ccj stating interest is not allowed to be added. looking forward to the day when i make the last payment and some DCA turns up demanding the outstanding blance!

[sequenci]

Did you CCA them? Have you a copy of the original agreement?