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

[tomterm8]

I am no longer welcome on CAG

[tomterm8]

I am no longer welcome on CAG

[tomterm8]

i am not even sure if the papers they sent me for the CCJ actually are legal.there are no official stamps from the court on the duplicate copys they sent.

 

 

we have paid actually over £103 asked for by CCJ terms since june 2002

and a quick calculation would be

 

12X 66mnths @£103 = £6789.

 

need to show CCJ papers for scrutiny on this site..

 

if there are no court stamps, they are not legal copies. Call Trading Standards, and ask them to look into the case.

[tomterm8]

Their copy from SAR request...

 

Did you sign the second form?

[tomterm8]

NO i only used XXXX's where my personal details were, i did not touch the signature box that is how it was sent...

 

So we've got two different forms, one from the cca and one from the S.A.R. which have different information (look at the APR), neither of which was signed, and therefore it seems clear that they haven't actually got an executed Credit Agreement.

 

Hm, i smell a rat, and so will the judge:) Remember, the CCA must be a true copy of the executed agreement.

[tomterm8]

that does not appear to be a valid Claim form, for the reason that it does not have the court seal or claim number. i would suggest calling the court and asking them about this.

[tomterm8]

I would suggest phoning up the court and asking for a copy of the judgement with the claim number. Don't forget, the judge might have stayed or struck out the case, as no-one from their side turned up.

[tomterm8]

DMP at the time offered £103 pro rata which they accepted for a while probably knowing that it would end up in court.

Fortunatley for me it did not go there way and my DMP carried on paying the pro rata payment.

If it was stayed or struck out would this mean that thier is no CCJ against me, as i am unsure what these terms "stayed & struck out" mean...!

 

Just because it goes to court doesn't mean they got a judgement. A judge might, for example, not be satisfied that the debt is payable, or might chose to refer the matter back to the parties for negotiation.

[tomterm8]

Does the S.A.R. show the payments made on the CCJ? How much have you paid so far according to their records?

[tomterm8]

And you have proof of payment (e.g. bank statements etc?)

[tomterm8]

I will look for bank statements but i do have a record history from the S.A.R - (Subject Access Request) ,also i have been with DMP since 03/08/04 and records of all payments from then till now..

Spuddly:)

 

By record history, I take it you mean they've sent you a list of all payments you have made? Or that you paid it through a third party company, who will provide proof you paid?

 

A couple of things that are interesting me are:

 

1. So far they have sent you two different credit agreements, both of which have different APR's and BOTH OF WHICH are unsigned.

 

2. They have sent you a CCJ form which states different amounts than there computer records.

 

3. Assuming you have proof of payment, then you have manifestly repaid more than necessary to clear this CCJ AND

 

4. yet they are still demanding money, based on a contractual interest clause without explaining why this is due.

 

I would suggest that for the moment you continue repaying at the rate on the CCJ... but you send the letter asking them to confirm the CCJ has been paid.

 

This is very interesting... once they've sent you the "no" letter, they may be in a great deal of trouble.

[tomterm8]

Oh, i would go softly softly. remember, you want them to say that there is still money due; it'll work to your eventual advantage if they do say this.

 

"Dear Mr X,

 

RE: Account no XXX.

 

My records indicate that I have repaid all money due under the above account, and that I have satisfied the county court judgement (claim number XXX).

 

If this correct, i would ask you to confirm this in writing.

 

If not, I would ask you the amount outstanding.

 

Yours Sincerly,

 

XXX"

[tomterm8]

When they CCJ'd me am i right in assuming that the payments up till then can be included in my total and not from there judgement date..?

 

I have sent my letter by R/D 20/06/07 with CCJ payment waiting for a reply....

 

I would keep on paying as normal... makes you look good to any judge:rolleyes: It should be for only a couple of months:)