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    • Thought I'd let you know. Despite not needing to, Parcel2Go have very kindly authorised a refund to cover the speakers. I am very impressed and surprised given the contract didn't require this. Thanks for all the advice - I thought it only fair to make sure they got some credit for doing the right thing. I will be using them again.  
    • Weatherford describes "unprecedented challenges" amid Covid but says Aberdeen will remain the centre of UK operations. View the full article
    • Please can you put up in PDF format – simply the documents that you are relying on as proof of payment. Redact them for account numbers et cetera. We don't need to see images of the damage et cetera. I understand that you are trying to recover £150 plus the delivery costs including the insurance cover – is this correct? What is the total value of this?
    • By the way, have sweatband.com actually refused to take responsibility for this now? Are they standing by the manufacturers position that it should not have been kept in a garage?
    • Sweatband.com like many of these online retailers – and also retail shops – which sell their goods, make all sorts of claims for their customer service et cetera – but when things go wrong they refer you to the manufacturer. Of course this can be a very sensible arrangement because the manufacturer is better placed to deal with the problem – but we tend to find that very often the manufacturer is pretty reluctant and of course because they are not the retailer, there really not too bothered about their customer-facing reputation. So as has been suggested by my site team colleague above, you are being fobbed off. Secondly, any attempt now to start saying that the treadmill should not be used in the garage – when this has not been referred to at all when it was being sold to you, is in effect introducing a new term into an existing contract. This means that it has no effect whatsoever and is not binding. Sweatband.com are bound by the law of contract and also by the Consumer Rights Act 2015. You are entitled to purchase a treadmill which is of satisfactory quality and remains that way for a reasonable period of time – and you are quite right, it hasn't matched up to those standards and so sweatband.com are in breach of contract. It has nothing to do with the manufacturer. If the manufacturer really wants to say that it should be kept in a garage then that's between them and sweatband. It's especially telling that according to you sweatband have actually said that this is a great thing to keep in your garage. I would suggest that you go around the Internet – trust pilot et cetera putting up reviews about sweatband – who as I have said after fobbing you off and letting you down – but also you should put up separate reviews about this particular brand of treadmill and make sure everybody sees that even the manufacturer is saying that it should be kept in a garage and that they won't stand by their product when it breaks down after three months. I can imagine that the person who said this to you from the manufacturer will get a bit of a talking to. Maybe you can tell us the make and model number of this treadmill so that references to it will come up in Google hits in the future. The situation as advised by my site team colleague is that as it has failed within the first six months, the retailer is entitled to one single opportunity to carry out a repair and failing that they are obliged either to replace the item or to give your refund at your option. These are rights which have been created by the Consumer Rights Act 2015. These rights should be asserted in writing You should write to the retailer immediately and put them on notice that you are asserting your rights under the 2015 act and you are giving them a single opportunity to repair the treadmill. Tell them that given its size and its weight, it will have to be repaired at your home unless sweatband.com want to take responsibility for picking it up and selling it to whoever they want to get it repaired by. I can imagine sweatband won't be happy about this and you are going to find everybody's going to start dragging their feet. I can imagine also that sweatband would try to up the ante by saying that it is your responsibility to return the treadmill to them. That would be wrong. The treadmill is defective. Sweatband are in breach – and it is up to them to deal with the problem. I think you will need to be quite assertive and I would suggest that your letter to them should give them a seven day window to let you know what the arrangements are and that the treadmill should be repaired or replaced in any event within 14 days. Please keep us informed as to what happens. Just so you know what we will advise if sweatband don't step up to the mark – if they don't let you have a satisfactory response within the first seven days then we will be suggesting that you begin the claims process by sending them a letter of claim – which then leads to a small claim in the County Court. This is not something you should worry about. Your chances of success are much better than 95% and I can imagine that at the end of the day sweatband.com don't want this kind of trouble and once they realise that you are happy to confront them, they will buckle down. Of course you never know – maybe they are going to act brilliantly and respond correctly immediately – in which case it will be kudos to them. Let's see  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Paragon Finance


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Hi. I hope someone can guide me in the right direction here.

 

In 1997 I took out a personal loan with Universal Credit for £10,000. I maintained the payments without any problems for a couple of years, but then got into financial difficulties as a result of my business collapsing and the breakdown of my marriage.

 

In this period, the debt was purchased by Paragon Finance, who I was led to believe bought the entire loan book of Universal Credit.

 

I agreed with Paragon to make reduced payments at a level that I could afford after a meeting with an external representative that Paragon out-sourced, who I visited at their house. He agreed that, due to my financial circumstances, interest would be frozen. This surprised me as I believed that my original agreement had been a fixed personal loan and not a monthly charge account.

 

Last November, having first found this site, I sent a Data Protection Act letter to Paragon asking for a breakdown of my account. I was disturbed to find that interest had continued to be charged on my account at the full rate. Despite having paid back in excess of £13k to Paragon/Universal, my balance now stood in excess of £14k.

 

I phoned to complain about the interest charges (I haven't moved forward yet on looking to reclaim collection charges of £600 plus £500 for the out-sourced collection services) and was advised that as I had nothing in writing, I was still liable for the interest that I had been charged over the preceding years and that as the agent was not an employee of Paragon, he had no right to offer this to me in any case.

 

As my circumstances have not improved sufficiently for me to increase my payments to Paragon, I have requested from them a copy of the agreement.

 

I just want to understand my rights so that I can look to get the interest and charges waived that I was initially promised.

 

If I do not receive the information from Paragon within 40 days, am I right in understanding that they have committed a criminal act and that I can then use this as leverage to correct some of the wrongs that they have committed?

 

For the record, the letter that I sent was as follows:

 

10 November 2006

 

Dear xxxxxxx

Account Number xxxxxxxxxx

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement

I understand that this is my right under your obligation to supply a copy of the agreement under Section 78 (1) of the Consumer Credit Act 1974 (section 77 (1) for fixed sum credit). I also understand that your obligation extends to providing a statement of account. I enclose a payment of £1 in payment of the statutory fee.

I understand that a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if the fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

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I received a letter today from Paragon Finance. Basically saying "here is the information that you requested" and providing me with a statement of all activity on my account. No sign of the agreement.

 

Can anyone guide me on my rights here, assuming that they are not going to pass me a copy of the agreement?

 

Should I write to them again saying that they have not passed me the information that I requested, or is it their responsibility to respoind correctly to my original request?

 

I just feel that I have been lied to and taken for a mug by this company and I want to know how strong my position is.

 

Would I be correct in thinking that my next course of action would be to wait until the 12 working days is up (next Wednesday) and then write to Paragon advising them that they are in default and that the debt is unenforceable and interest should be frozen until they comply with my CCA request?

 

After that, and if nothing is received within the calendar month, should I write to tell them that they have committed a criminal act in not providing me with a copy of the orginal signed agreement?

 

Thanks for any help.....

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  • 5 months later...

Hi

Can anyone tell me how you go about getting the fees from paragon finance refunded.

Basically I have just discovered a loan i took out in 1997 for £17000 and basically couldnt keep up with the repayments a couple of years later due to redundancy.

Anyway they have now added charges on throughout the years ( am currently under a repayment programme with a debt company helping me and have been since I was made redundant ) my debt originally was £17000 is now £35000!!!!

Surely they are not allowed to add all these charges on and from reading reviews on different forums it is ridiculous these charges. There must be some financial law over them to stop this.

Can someone advise how I would get all these charges taken off the account since I have tried the best in my situation to keep up with the agreement with them.

Thanks

Very worried

Ruth

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  • 3 months later...

First visit to this site. I also took out a loan from Universal credit for £6000 in 1995 got into financial difficulty and arranged a reduced sum. Then Paragon wrote to me and said they were now in control of the debt.

 

I received no statements regarding my account and they did not make me aware of the charges and compound interest. In 1999 I tried to pay off the debt. They said it was 22,000 if I wanted to settle the debt there and then. Alternatively, if I paid £140 for 8 1/2 years (£14,280) that would settle the debt. That meant the debt would be finished in Jun 08.(I havent missed a payment for 8 years) 3 weeks ago I received a letter from Paragon saying I owe £10,000. I phoned them and they said it was a mistake and my debt finished in june 08. I said that in view of the letter I wanted a letter confirming that the debt finished in June 08. I received a letter yesterday that the debt has been settled. Now I should be jumping for joy, but part of this deal I entered into in 1999 was I wouldnt miss a payment for 8 1/2 years. As this is Paragon is this letter legally binding as it is from an officer of paragon. Why have they done this now? I did mention that I thought the amount I had paid was excessive and I would be requesting a statement of account. Could this be the reason for the settlement letter? I have been reading threads regarding Paragon. Does anyone win against Paragon?

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you all look to be at different stages, it might help your individual cases if you all started your own threads but for now here is the outline of what you should do.

 

Regardless of what type of account/loan you have you should write a Data Protection Act Subject Access Request letter (template in the letter template library) to whoever is administering your loan and ask for a statement of your account to enable you to isolate exactly what has been added to the initial figure and what you can claim back. They have 40 days to supply you with this information.

 

You should also write a Consumer Credit Act section 78 request letter to obtain a "true" copy of your loan agreement. they have 12 days to supply this and if they don't your account is in dispute and is not recoverable by them. If they continue for a further 30 days they are committing a statutory criminal offense. see here (sorry its a huge thread but load of info on it)

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

pete

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I also took out a loan for £5000 with Universal Creditin 1997 This then changed to Paragon at some point, When one of my children was diagnosed with a terminal illness in 1999. I did not work for two years in a period of five, my child recovered following a bone marrow transplant. At this time when money was extremely short Paragon agreed to freeze the interest as long as I paid them a reduced amount. Other creditors also agreed to this arrangement. When all of the other creditors had been paid off I requested a balance from Paragon I discovered none of the interest had been frozen and the debt had risen to £13000. I stopped paying at that point as I refused to make agreement by telephone after they had lied to me the previous time just to get me to continue paying something

 

I have never admitted this debt and now it is with Arrow Global for £17000 whom I received a statement off this week, I have fended off Copes, UK Debt by telling them the debt was disputed. I have never received any communication from Paragon saying the debt was being assigned nor did I receive any statement/ invoices or notification of charges and naievely assumed the debt was coming down, as had been the case with the more reputable companies and in all honesty had more important things on my mind when Paragon made a verbal agreement with me.

 

Now I have received a statement from them I am expecting the next round of DCA s. If anyone can help or suggest possible strategies I would be grateful.

 

Only just getting back on feet following the total of five years my child was battling for life and this is getting me down

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