Thanks for the information and your very quick replies. Feel a little happier now I will sit tight for now and file the letters and see what happens. Thanks again

Thanks again for the reply. If they pass this debt onto a debt collection agency can they turn up looking to remove goods or is there a process they have to follow. Just makes me a little nervous Regards

Thanks for the reply dx. So just sit tight for now and file the letters with the others. Could debt collectors just turn up at my door wanting to take away goods ? thanks

Hi, Thought I had put this one to bed last year but now it seem its come back to haunt me again.. Towards the end of 2012 I put in a SAR as advised and didn't get anything back. I then made a complaint to the ICO and eventually received a letter back. This was a photo copy of a standard agreement with my details written on but details where incorrect such as the address when the load was taken out, plus my x-wifes surname was wrong. More importantly it was unsigned by meself, my x-wife or anyone from paragon.. I was then advised to send a Letter Before Action explaining that this limit has expired which included the below As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become currently unenforceable at law. Since then I have heard nothing. Fast forward to July 2014 and I get a letter "Notice to Terminate your Agreement" Balance £0.00. Excellent I thought 2 weeks later I get another letter telling me that an error had been made and I did owe them money still and that if I did not pay in 5 days it would be handed over to a debt collection agency I have not heard from them in 16 months. Can anyone offer advice. Should I be writing to them letting them know that this is now harassment and they are breaking the law ? Any advice would be very welcome. Regards

This is what they have sent Thanks

Hi, I have received yet another letter from Paragon. This one is titled "This is a default noticed served under section 87(1) of the consumer credit act 1974. Basically they are saying that I am now in breach of my credit agreement because I have not paid the monthly instalments. If I take no action then they will be writing notice, terminate the agreement and demand that I pay the whole balance outstanding. After terminating the agreement they may instruct a debt collection agency to recover the debt. Should I just file this with the other or should I be writing back saying that as they have not provided me with a true signed copy of the agreement I now see these letter as harassment or is there an other letter I can send. Thanks again

Hi, Thanks for the reply. I am happy I owe the money. This was the short fall between the mortgage and the sale of the house. Just a little annoyed that while I have played ball with them they have been a little less than honest with me. Which is why I want to tell them I wont be filling in the I&E form but will increase my payment but £10 Thanks

Hi This is just a very quick question and I think I already know the answer but just want to check. A while a go I (and my x wife) had a voluntary repossession and as a result owed some money back to B&B Each year around this time they contact me to fill out a income and expenditure form which I fill in and offer an extra £10 per month on what I already pay which keeps them happy. About 4 years ago I had a charging order put on my new property which I own with my new partner. Last year I found out that my x was no longer paying toward this debt because B&B where not able to contact her for a number of years. I ask what they did to find her new address and they replied "everything we could think off" When I asked why they did not contact me they went a little quiet. It would appear that the charging order I have now could be a result of them no longer having contact with my x and they want to ensure they get there money back. I have played fair in trying to pay this debt off so this year while I am happy to offer my annual £10 increase I am not happy to fill out the I&E form. What I want to double check that I am within my rights to refuse to fill in the I&E form and also can a charging order be removed before the debt is paid off ? Thanks in advance for any help J

Thanks. Think I will send them this letter. Sounds a very strong letter, but worth it I think to let them know my intentions Thanks again

Hi I was hoping you would say that. I have stopped payment a few months back and all that seems to be happening is that they send a letter asking me to call in and make arrangements to pay.. Thanks you very much for your help and advice in this matter.

Hi, Just thought I would update this thread. I have finally received a reply to my letter dated the 10th October 2012 on the 1st Feb The letter start with "Unfortunately, we do not hold the original agreement. We are however able to provide you with a reconstituted copy in accordance with the Consumer Credit Act Regulations 3 (2) with expressly states that a copy need not be an exact copy" however there are some inaccuracies with what they have produced which are all hand written with no signatures from myself, x wife or from a Universal Credit agent 1. surname of the 2nd person for this loan (my x wife) is wrong 2. The address is wrong 3. The reference number ends with a zero now - extra digit 4. APR is also wrong

Hi Now that my Letter Before Action has also been ignored and I am writing to the ICO to complain should I be doing anything else now. I have now received a few letters saying that I am now in breach of my credit agreement and to contact them. I am surprised that I have not had anything worded stronger than this so far and while I have asked them not to call me I am surprised they have kept there word and not called, Should I just be filing all the letters they send to me now ? Or is there something I should send back saying please dont contact me again as they have failed to provide my with any proof and as such see this as null and void ? Thanks

Thanks You have been a big help

Thanks Bazooka, Should I just modify the above letter saying that they have 7 days to fulfil my SAR and if they fail to do so I will report them to the ICO? Once thats been done I take it I then do nothing and keep the letters they send in a safe place ? Cheers again

Hi. Sorry to come back with more questions. I have not yet sent this letter as I have been away with work but will be sending this tomorrow. Dear Sir/Madam Account: xxxxxxxx You have failed to comply with my Data Protection Act Subject access request dated (Insert Date). If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. Question 1: will I be following this up with court action ? Question 2: Now that I have stopped paying and they have not sent information back where do I stand regarding this debt. Do I just file everything and keep it safe for the time when they try it on again ? Should I be following anything else up ? Many thanks again for your continued help JS