I've been stung with this too. I wrote to Littlewoods today, along the lines suggested by mcuth and installspark (thanks guys). I also copied the letter to Kent Trading Standards office. Fingers crossed the charges will be cancelled. Good luck everyone!

Richard, I'm very sorry you've come up against this. I can't go into detail, but I suggest you refer Lester Aldridge to my letter to them of 5th February, in which I said (among other things): "I have reached a stage in this case where the continuing proceedings have started to have an adverse effect on my health. " Hopefully that will be enough to stop them flannelling any more. Good luck.

Thanks everyone. I'm afraid I'm stuck with this, because if I don't sign the consent order I think Paragon's solicitors will apply to have the case struck out anyway. I've now received the amended version of the order and it says: "By consent it is ordered that- 1. The claim be and is hereby struck out as revealing no realistic prospect of success. 2. There will be no Order as to Costs with each party bearing their own incurred to date. 3. The parties accept such strike-out of the Claimants claim in full and final settlement of each and every cause of action howsoever arising whether now known or not of or in connection with the subject matter of these proceedings and in particular but not limited to the early redemption clause of the Defendant's mortgaged products." Crispdust, I don't think I have the slightest chance of getting Paragon to agree to confidentiality. They've made it very clear that they're using my case as an example. Zoot, I don't think I can wait, because we're supposed to have exchanged disclosure by now (I did write to offer to withdraw before the due date but it's passed now). And the other cases are on stay, so I don't think anything will happen with them unless I do something. I'm afraid I don't know exactly what the other claims are for. I did have a claim for admin fees, but Paragon paid up those straight away. It was only the ERC they wouldn't agree to. That may be the case for others too. Karnevil, THANK YOU! I will do what is right for me, but if there's a way to do it without messing up other people's cases, I'd obviously prefer that. Unfortunately, there may not be one

Paragon wanted to use my case as an example because it was the "most typical," so they offered me no costs up to the end of the first instance hearing. That's why they're especially ****ed off that I have to drop it; they wanted it to go to court. I don't think anyone else has been offered no costs; I know KJBoutcher wasn't. The judge stayed his action to avoid him running up costs, though his case is rather different to mine (he has a document naming the charge as a penalty). I don't really know what to do now. I'm too ill to carry on, but I don't want to mess things up for everyone else. Will it be a case of Paragon applying to strike out the other cases, holding up my consent order as some kind of evidence? Will people be able to defend against that? I know that KJBoutcher wants to carry on, and I think he has a good case with his statement showing the ERC as a penalty. I hope he'll be able to distinguish his case from mine and continue, but I don't really know what kind of status my consent order will have. Help!

That's what I was asking. I wanted to know whether I'd be messing up anyone else's claim by signing the order. Zoot says not, so I'm going to do it.

Thank you Zoot, I was really hoping that would be the answer! I shall do as you suggest

Thanks, Gizmo. I know that KJBoutcher and Susanmom are also claiming from Paragon. There are at least two others, as I was told there are four claims on stay waiting the outcome of mine.

Oh, and when this is all sorted out, I am seriously contemplating sending my file to the Law Society and making a complaint against Lester Aldridge. They've sent me several really nasty letters, one of which was substantially incorrect as to the facts (they realised that and apologised later, but it doesn't change the tone of their original correspondence), and I don't want them to be allowed to get away with it. The solicitor who turned up at the allocation hearing was actually OK, and I don't think he was the one who was writing the letters, but before the judge he did emphasise the duty of his firm to act properly towards a litigant in person (in his capacity as officer of the court). I don't think Lester Aldridge have been doing that, even if you just take the correspondence after the hearing. Does anyone have a more informed view on this please?

Many thanks everyone for your support. You'll never guess what Paragon's solicitors are up to now. They're trying to pressure me into amending the consent order to say that the claim should be struck out as revealing no realistic prospect of success. If I don't sign it, they say they'll seek costs from me. I don't give a stuff about their silly point-scoring, but if I sign a consent order on that basis ,will I mess things up for other claimants? I would have thought not, but I'd like to check. The order they've sent me actually makes no sense, because they haven't typed or proof-read it properly, so I've sent it back with a snotty letter. But they're going to want me to sign a re-drafted one, and I'd like to know whether that will affect anyone else's case if I do so. thanks! ladymoonray

Thanks Dolly, you've made me feel a lot better.

I'm really sorry about this, but ill health is forcing me to give up my case. I'm just not well enough to go on with representing myself, and I can't afford a solicitor, so I have written to ask whether Paragon will agree to my withdrawing without any costs (I think they should, as it was agreed at the allocation hearing that they wouldn't pursue costs against me up to the end of the first instance hearing). Thank you everyone for all your help, and good luck to those going on. I firmly believe that someone will win this argument once we've worked out all the hoops to jump through; and I'm sorry it isn't going to be me.

Thanks, Zoot. I'm not going to take a final decision whether to go on until I've got everything together for the bundle, but I shall definitely go that far

Thank you Zoot. Bearing in mind that I have a no costs order against me for the next hearing, do you think it's worth my carrying on? http://www.consumeractiongroup.co.uk/forum/mortgage-companies/17607-ladymoonray-paragon-personal-finance.html I don't want to waste my/the court/paragon's time, but this might be a chance to get a decision in our favour. I have until a week tomorrow to get the bundle in, if I'm going ahead.

Willowb, I'm afraid so. The Civil Procedure Rules set out a list of factors the judge must take into account when allocating the case to a track, and the amount of the claim is only one of them. Where the interests of other parties etc. come into it, as with a test-type case, that can be outweighed.

Thank you very much. I didn't manage to contact the court today, so I'm not sure what's happening, but once I work it out I'll be in touch

Barracad, be careful, and don't assume you'll be allocated to the small claims track. You'll be OK if GMAC want to keep this low-profile, but they might decide to take yours as a test case (as Paragon have done with mine). If they say they're going to fight it, and they want a decisive answer, they may well persuade the judge to multi-track your case. I tried really hard to get mine into small claims, and I used all the right arguments, but the DJ was very clear that the importance for the industry and other consumers outweighed my arguments.

Zoot, you are an angel. That's exactly the information I'm going to need. I know I said I was taking the evening off, but it appears I just can't stay away!

Thank you Zoot, I will call the court tomorrow.

I've got myself in a pickle over this one. I'm claiming £140 in admin charges from Kensington Mortgages. I had to issue a claim against them, and it was allocated to the small claims court. The problem is that I received a letter over Christmas saying that we had to exchange bundles 14 days before the hearing, which is set for 5 February. Stupidly (and because I was distracted by my much larger case against Paragon) I filed the letter and forgot all about it. Have I messed up my chances entirely by not sending off the bundle in time? Kensington haven't sent me anything either. The other problem is that if we somehow sort out the mess about the bundles, and the hearing goes ahead, I just can't take time off work to be there. I'll already be taking at least a day off work (probably several) for the case against Paragon, when I'll be representing myself on the multi-track. It seems to me that if I advise the court 7 days beforehand, the small claims hearing could go ahead without me. But do I have a hope in hell of winning, given Kensington's record of sending barristers out at the drop of a hat? Note that I'm only claiming admin charges, not an ERC. I still have my remortgage with Kensington at the moment, but I have a better offer and am in the course of moving it. If anyone can see a way to fix the mess over missing the deadline for the bundle, I'll go on with this and let the hearing go ahead on documents. Otherwise I'll have to drop it, which pains me, but I think two court battles, a full time job, a part time degree and writing a novel might be getting a bit much for me! Thank you all in advance

Unfortunately, they're taking the position that the ERC is payment for exercising an option under the contract, rather than a penalty. So we have to get over that, before we even start on the actual cost thing. I had all the arguments with me about it, but the allocation hearing wasn't really the place for those, so I just made it clear that I don't agree. I'll start reading up about the bundle tomorrow. I have awarded myself the evening off worrying about it

Just back from the allocation hearing. It went to the multi-track. *sigh* Paragon are determined to take one case all the way and get a final decision. They have chosen mine, because it is the most "typical" of the actions against mortgage companies (no quirky features) and they've had their three other cases stayed pending the outcome of mine. I tried ever so hard to get it into small claims, using all the arguments put together by the wonderful Zoot. We went through the factors the judge has to consider, and he listened to what both sides said. I reminded him of the overriding obligation to place the parties on an equal footing, and there was much discussion of costs. Paragon offered not to seek costs from me for the action up to and including the decision at first instance, whether I win or lose and whether or not I am represented (I won't be, I can't afford it). In the end, the judge said I was quite capable of representing myself before a circuit judge, and put it on the multi track with no costs against me. So the directions are multi-track, with standard disclosure by 4pm 7 Feb, and exchange of witness statements by 4pm 7 March, followed by a further case management conference (probably before the circuit judge). There was also talk of doing as much as possible on written submissions, because I'm just not happy or confident arguing case law in court. It wasn't as daunting as I feared, but I didn't get the outcome I wanted. A big, big thank you to KJBoutcher for being there as well. He didn't get to say much, because Paragon distinguished his case from mine very early on (he has a different, hopefully more favourable document), and he ended up with a stay, but it was nice to have someone there vaguely on my side! Anyway, HELP!

Thanks, Zoot. We'll go in with those arguments tomorrow and see what happens. Do you think we should take copies of the draft order with us? I didn't attach it to my AQ, as I filled it in ages ago. I'll post on my thread when I get back! Kate

I'm definitely in with my £20. I understand that there can't be an official CAG fighting fund. But there really isn't anything to stop us supporting jamorgan ourselves, is there? I'd set up an escrow account myself if I could, but I just don't have the knowledge or the time to acquire it at the moment. Does anyone else have some of either to spare? Kate

Zoot, thanks for bringing this to our attention. I have an allocation hearing against Paragon on Wednesday afternoon for a refund of my ERC (around £1500), and KJ Boutcher is scheduled in at the same time. I'd appreciate any advice you might have about what we should/shouldn't do there. In view of jamorgan's decision, is it even worth trying for allocation to the small claims track? Should we offer to concede to fast track if they'll stop pressing for multi track? Will we have to pay the costs of the allocation hearing if we do this? Sorry to bother you, you probably have better things to be doing, but I see that we need to tread rather carefully now and I don't know what to do. thanks Kate

Hello KJBoutcher! It's quite fab that you have a hearing on the same day as me. At least there will be moral support. What time are you down for? I think mine is 2pm. I'm rushed off my feet until the weekend with my psych degree and work, but I'm planning to seriously sort out all the papers and my arguments on Sunday. I'll be posting if I get stuck