Universal Credit Loan CCJ - Now Paragon - Paid 19k Still owe 6k

[spuddly]

Hi all,

I sent a request for a copy of my credit agreement 14/03/07 recorded delivery, tracked it, signed for on the 16/03/07 unfortunatley dozey me forgot to add £1 cheque.

Resent 17/03/07 with cheque to same address returned to me a few days later " GONE AWAY" telephoned their offices spoke to helen david who assured me they were still there and told me to re-post it and address it to her, and heres the rub "the letter has gone missing".

Tracked it as before but it has not been signed for and it also has not been returned to me also the cheque has not been cashed!!

So now they now know what i am requesting but seeing as i did not enclose payment are choosing to ignore me.

I am going to send another leter as before this time SPECIAL DELIVERY 30 /04/07. see what they do now ?

 

Ill keep ya posted :?

Spuddly

[spuddly]

Hi all,

Cheers for the suggestions but all is well, pargon have finally collected my letter requesting my Credit agreeent sent by special next day delivery and i removed my return address from the envelope.Will print off digital signature to go in my flile so no comebacks when it ends up in court.

spuddly

[spuddly]

we took out a loan with Universal credit originally back in 1998 and eventually fell into financial problems we have looked back into what files we have and found out roughly what we have paid from the start.In OCTOBER 1998 universal changed over to PARAGON who took me to court in 2002, but on the court papers it was UNIVERSAL V SPUDDLY & SPUDDLY although no one turned up from there side and i was left on my own to discuss the matter with the county court.

After going over my financial situation i was strongly advised not to take on any further debt as i was on the brink of bankruptcy therefore as the other side were not present they ruled in my favour and reduced the monthly repayment to £103 .

Does this constitute a CCJ against me , should i have recieved a legal document explaining that i had been issued a CCJ.:-?

On both my EQUIFAX AND EXPERIAN credit searches this PARAGON account DOES NOT SHOW on either search which i find VERY strange as all my other financial history does:confused:

 

nitial advance £10000

01/01/1998

£255x44 =11,220

B&E

37x103=£3,811

CCCS

£4,500 total from statement may 07

TOTAL £19,531

 

balance on invoice May 2007 CCCS states £6,272 and probably still adding interest:mad:

 

TOTAL + CCCS=£25,803

112 MONTHS BEEN PAYING ACCOUNT

 

this one is awkward...

PARAGON

( R D SHELTON)

sent 15/03/07 forgot to add £1 cheque but recieved by them on 16/03/07

sent second letter+£1 cheque 17/03/07 sent back "GONE AWAY"??

Contacted for confirmation of address then sent 3rd letter to HELEN DAVID...no reply to that letter either

sent 4th letter 01/05/07 SPECIAL DELIVERY finally recieved 02/05/07

sent S.A.R - (Subject Access Request) 08/05/07

[spuddly]

yes sent a sar 08/05/07

but why are there no records of Paragon on my credit files

and is this a CCJ..??

any advice would be appreciated.

spuddly

[spuddly]

I recently downloaded two credit serches (experian & equifax) Please can any one explain why a company with which i have 3 accounts (paragon) only shows the same 2 on both searches but the third is not mentioned anywhere.

I am still waiting for CCA and SARS from PARAGON. :???:

[spuddly]

As my DMP take the money on the 1st of each month and issue it on the 25th i will be contacting my DMP today and cancelling payment to PARAGON and BARCLAYCARD as they have not replied to my CCA request from 02/05/07 . The cash used here can go to those who are actually following the letter of the law AND SENT ME A TRUE SIGNED COPY OF THE AGREEMENT . They still have a 30 days to produce the CCA which i doubt but seeing as they are in default i am taking control from here.

[spuddly]

YES powell i am with CCCS since 2004 .... Last week i rang them to remove three creditors from my plan who had not complied with my CCA request after the 12/ 30 day wait there was no problem removing them

 

I rang today to remove two more who had also not complied and was told it cannot be done YOU EITHER PAY THEM ALL OR COME OFF THE D M P ALTOGETHER.

 

Any advice at this point would be helpfull

[spuddly]

HI sequenci..just paid £8 for CCJ search with RTL HOME

QUESTION....Do they post the results or e-mail or should i see a report straight away on the web site.

Spuddly:)

[spuddly]

solid advice diskmandave .

 

I felt, that when i talked to CCCS that as far as sending CCA's and SAR's to my creditors and initiating control in some form that they didn't understand what i was trying to achieve.

For instance as i explained everything to the woman she put me on hold whilst she asked for further advice then transferred me to a second department within. Only after explaining again my situation and telling them briefly i was recieving advice from CAG did they attempt to transfer me back to customer services.

It was at That point where it should of made me realise that what they weren't telling me is that CCCS did not fully understand what i was doing...!!

 

Do i contact the remaining GOOD creditors and offer the balance i have available as payment untill each separate account is cleared ..

 

any advice would be helpfull.

[spuddly]

Thanks..

spuddly

[spuddly]

I am too late to stop my DMP for this month but as regards the JUNE payment , well that may be a diffrent matter.

 

I need to discuss fully with my wife so that we both agree on the next course of action.

 

Since i initiaed these requests back in march i have only had 1 letter from PARAGON 14/05/07, that was after i sent them my trading standard letter telling them i wont't be sending any money to there account.

 

I do believe NO NEWS IS GOOD NEWS!!

[spuddly]

DISKMANDAVE you are an inspiration to us.

 

 

 

I discussed with my wife and decided the best course of action is to CANCEL DMP and take full control in dealing with my creditors.

 

Fist course of action, send letters to creditors who played ball and sent correct signed agreement and see if they are willing to settle !!

 

second course of action, the ignorant ones will suffer...see you in court with my CCA that i requested back in March (should they find it!!)

 

does anyone DISAGREE with this course of action.

 

is there a template letter asking for settlement .

[spuddly]

can someone please help me...!

 

I am contacting three creditors with a view to a settlement as they have compiled with my CCA requests.

 

Do i offer the full amount owing or discounted amount and hope they will accept my offer.

 

is there a temlplate letter for offering to settle.?

[spuddly]

sent offers today using template from nationaldebtline website to

 

Halifax loan owe £234 offered £140

Halifax overdraft owe £198 offered £120

customer solutions. owe £477 offered £290

[spuddly]

hi, sorry for the delay in replying been working... the address i have sent my CCA recored letter to,

PARAGON PERSONAL FINANCE

ST CATHERINE'S COURT

HERBERT ROAD

SOLIHULL

WEST MIDLANDS

B91 QUE

hope this helps.

 

spuddly:)

[spuddly]

sent paragon CCA 20/03/07 no reply

 

sent this letter on 5/05/07

 

Dear sir

 

I refer to my letter dated 17/03/2007 which was delivered via Recorded Delivery to your offices on 20/03/2007.. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 14/03/2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time PARAGON purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 04/04/2007 and 04/05/2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 04/05/2007 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to PARAGON

 

I require the following action from PARAGON:

1. All payments made to date to PARAGON for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by PARAGON. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force PARAGON or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

Yours sincerely

 

 

ME:D

also reported them to FOS..

 

RECEIVED REPLY 14/05/07

 

Dear Mr XXXXXXXXXX

 

ACCOUNT NUMBER XXXXXXXXX

 

Thank you for your letter dated 4 May 2007

 

I am presently investigating the comments you have raised and will forward a full response shortly.

If, in the meantime i can be of any further assistance, please do not hesitate to contact me

 

Yours sincerely

MRS CAROLINE WORTON

CUSTOMER SERVICING MANAGER

 

Spuddly:)

[spuddly]

Well its been a week now since i paid for a CCJ search still no results...!!

[spuddly]

I do not hold any such documents from the outcome of the court ruling...

how does that apply in this case.

any input would be appreciated.

Spuddly:)

[spuddly]

received a response from RTL from the CCJ search i did on myself and there were NONE RECORDED.

 

I still have had no response from paragon and Barclay card regarding CCA or S.A.R - (Subject Access Request) requests, Do i now wait for 6 years as it has well passed the 12/30 day limitation.

 

 

 

WON####http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html#post769723###WON

[spuddly]

OK received SAR from paragon today included was a copy of the alleged agreement.

plus some details of CCJ placed on this account back in 2002.

 

However there are inconsistencies... (don't wish to disclose too much about this bit on an open forum never know who's reading these !!).

 

how do i upload alleged credit agreement sent to me ?

[spuddly]

no T&C

[spuddly]

Hi all,

Paragon finally replied today,

 

Brief history...CCa req march 07 none compliance

S.A.R - (Subject Access Request) request may 07 recieved today.

 

everything seems in order as far as i am aware, however it does contain a CCA without signatures and no date.

This account has been running since 1997. Failed to meet payments so

2001-Joined DMP

2002-defaulted

CCJ summons allegedly served 03/04/02

 

The creditors cannot provide me with a PROPERLY EXECUTED CCA.

How do i stand in relation to the CCJ i appear to have been issued...

[spuddly]

it doesn't have to include signatures.

 

Surely a True "properly executed credit agreement"

must contain signatures from both parties, T&C ,% rate and dated otherwise

Whats the point of signing credit agreements .

[spuddly]

can i pm you ncf35 for a better look ?

[spuddly]

Received SAR request today from Paragon

 

They have judgment details for the CCJ

guess the CCA does not apply now (even though there is no visible signature and date on the copy)

full log of everything said and done since opening the account back in 1997.