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  1. Hi all Firstly thank you to all those who have posted here. My wife took a £50k secured loan from Paragon on 8 September 2004 and was told she had to take their PPI - additional cost £9500 added up front - otherwise she would not get the loan. Not advised of the full cost of the PPI. Needless to say they are trying to fob us off to a responsible broker who is in administration. FOS can't help (not that we've asked) but they were only regulated post November 2004. So it's off to the court. There are a huge number of fees for returned direct debits, phone calls and letters. These resulted from financial difficulty that we got into fairly quickly after the loan was taken out (not covered by the PPI). It is our intention to claim these as well on the basis that if the costs of the loan and thus the payments were less, these direct debits would not have been returned. We are going to claim these plus interest on the ratio of [balance if no PPI:statement balance] at the time of the charge. We are also looking to get the cost of the bank charges for the returned items where the shortfall on the current account was small enough to argue that payment without the PPI would have been met, however, this may lead to evidence that the payments would have been returned on other occasions and negate her claim for some of the other charges so we may just run the proportionate lenders costs and leave her bank charges out of it. We'll also go for costs for my wife's own time on the phone and reading their letters. Any comments before drafting the POC would be welcome.
  2. Other half recieved letter today stating that her mbna debt (religiously paid for the past 3 years) has now been sold to these and that she needs do nothing as her payments will continue - oops sorry idem servicing (Paragon) dont think so. On the letters from both of these people not a hint of the balance outstanding, so me thinks the payments will stop and a SAR is off to MBNA asp for the pre 2007 agreement and all statements. Happy days
  3. Can anyone share any advice or how best to deal with the situation I'm in at the mo? It's causing me so much stress and so many sleepless nights! I had a car on finance in 1999 with this company. In 2002, I struggled to make the payments and after having the contract checked by CAB, called to hand the car back on the understanding that as I had paid more than half the amount, the debt would be clear. I was advised the request would need to be made in writing, which I did, three times. The car was eventually collected from my parent's, by the time they collected it, I was in arrears. I heard nothing from Paragon, and naively not kept any paperwork as I assumed the account was closed. Debt collector letters starting arriving more than two years later and I buried my head in the sand. Now in 2012, I want to get a mortgage and Paragon are still showing as active on Equifax and Ex[erian and that my account is in the red with 6 years worth of late payments in addition to a CCJ. Any attempts I make to the company have just resulted in demands for payment and a debt collector to my home, for which a charge has been added to my account. I've spoken to a number of places such as CAB, National Debt Advice and ICO. Advice is basically that what they're doing is within the law. At the time I gave the car back, approx £700 was left owing, possibly up to £1000 by the time the car was collected. I dispute that I even owe this but they have asked for almost £4000. Any help will be greatly appreciated!
  4. Hi All, Not posted for some time. I have had many successes v Firstplus but am stuck with Paragon, hitting brick wall. Took a loan out in 2003 with them via LPC, Loan Processing Centre. Used the loan as deposit for house, took over 20 years to keep repayment down but only kepy for 5 months as house rocketed and Barclays offered cracking deal on remortgage. Was charged 7k for PPI on 35k loan, 2.5k refund as goodwill, leaving 4.5k charge for 5 months PPI....... Tried 4/5 times to claim this back 3-4 years ago, but was told unregulated at the time and not their fault, brokers fault. LPC have since disappeared. Just wondered if anybody has pursued a successful case with similar scenario or am I wasting my time as age of loan and LPC acting as the broker. Any response greatfully received. Regards,
  5. Hi, I'm looking to re-claim the letter and telephone call charges from Paragon on a secured loan I have with them. Can anyone give me any advice please? I don't expect them to pay them back easiif anyone had any tips? Any ideas what template letter to use? Is the bank charges template suitable. Many thanks in advance
  6. I have just submitted a questionnaire for PPI to Paragon in light of the Judicial Review on PPI. The PPI itself was sold by Midland and General however it was part of a regualted agreement with Paragon. Paragon have predictably wrote back saying not their problem, go to Midland and General. I have read something about secion 56 of the Credit Consumer Act and would appreciate some key advice on how to word a reponse regarding this?
  7. My sons company bought a house through Paragons buy to let mortgage. The house was not in a good state and the idea was to do it up and then let it. Unfortunately my son ran into problems in his life and could not afford to do any work on the house. I moved in and pay the company rent. The house is in desperate need of rewiring, a new boiler, shower doesn't work, sink in bathroom can't be used....but I manage OK with how it is. My son has no money and is struggling to get by and I have no spare money either. Two weeks ago the bank did not pay the mortgage as I had changed the date my rent money went in. Paragon got in touch with my son and he could not pay them but I could....so I did.This is when they found out I was living at the house. They have now written to him saying he must pay mortgage in full or they will repossess as he can't rent to me as I'm his family. As it wasn't my sons property but belonged to his business we thought we were doing nothing wrong. They have given him 14 days to sort it or face repossession. 7 of these days have already passed as he was away from home and only picked up this letter yesterday. I suffer with depression and anxiety and panic attacks and since getting this news last night I can't rest, can't sleep and I'm in full on panic mode and can't think straight. I have nowhere I can stay and as I have a dog little chance of finding somewhere willing to take me and my dog. I am on benefits due to my health so that limits how much I could pay for somewhere The truth is I don't want to move. I'm happy here and feel safe. I have lovely neighbours and I'm near enough to my family but far enough away from my violent ex. I'm hoping that there is some way round this but is there? Any help would be very welcome Thanks for reading
  8. Hi, Please can someone help me, I really cannot cope anymore and if I don't get help soon I think I'll have a nervous breakdown but I don't know which way to go or who to turn to for advice. Here's a quick idea of my situation. I'm married with 3 kids, both myself and husband work, my job is not very well paid though as I have no qualifications to get a decent paid job. My husband and I have unsecured debts of £41K between us. We also have a mortgage for £118K and a secured loan on top of that which was for £46K. Total debts around £200K. We are paying all our unsecured debts off very slowly. The interest is frozen on them but as it's such a huge amount the balance isn't going down very quickly. Just this alone stresses me out, I know it's being paid but I can't see any end to it and that makes me feel ill. I don't want to live the rest of my life in so much debt. My other worry is the mortgage of £118K and secured loan of £46K that we took out for refurb in 2005. The loan was for double glazing, loft conversion and drive. The secured loan is basically like a second mortgage and it is crippling us. So far I have paid them £38K in repayments over the 7 years but my balance is still £43K. I've basicall paid £35K in interest. I can't ever see this going down or being paid off ??? I just don't understand why the balance won't go down. I had my house valued yesterday, I was hoping that we could sell, pay off mortgage and secured loan and then either one fo these two options: a) be mortgage and secured loan free and rent somewhere saving us a few hundred pounds per month and not having to worry about property maintenance (things like heating, plumbing, roof tiles etc) b) pay off secured loan and buy a small 1 bed flat as rental property to keep us on property ladder and rent somewhere for our family to live. The risk here being that we would need to ensure the flat was rented 12/12 to cover mortgage payments and also costs to maintain a rental investment. c) see if any lender would be foolish enough to give us a higher mortgage to pay of secured loan and buy another house (I really can't stay in this house anymore so would definately need to move instead of remortgaging this one - I am too unhappy here. The area is getting rougher and rougher. We have prostitutes and drug addicts using the woodland area to do their deeds and there is nowhere safe for my kids to play, there aren't een any other children around for them to play with anymore) I was devastated to be told that my house is worth £145K so I can't even sell up and pay off the mortgage and secured loan! I really don't know what to do. I just feel like I want to let them take the lot from me and go bankrupt becasue I see no toher way out! Please someone can you advise me how I can get out of this mess? If I didn't have the secured loan I could pay more off my unsecured debts to lower them. The secured loan is hundreds of puonds a month of pure interest! at least my unsecured creditors have all frozen interest so my balance does go down (although it is slow at moment) I know I need to take responsibility for my debt but I feel like debt is ruining my life and I just wish I had been more aware of how quickly interest and charges can accumulate. I really feel like there is no way out of this mess. Any advice would be greatly appreciated thank you.
  9. Hi, I thought I had opened a new thread but I can see it so starting another one.. I had a paragon mortgage, I took it out in October 2000. I had the mortgage until 6 yrs ago. I was going through some old documents looking for something and I realised that I had been paying PPI on the mortgage. So I phoned them up and asked them if this was the case, the person I talked to went onto my account on his computer and said yes you did have PPI you need to write to us, he then gave me the address and told me to write to their PPI complaints department. So I did that on the3rd of July. today I got a letter from them saying that Thank you for your letter dated 3rd July regarding the alleged mis-selling of PPI appertaining to the above account. I would add that the policy was taken out in excess of six years ago. As such, any allegation relating to the mis-selling of the poiicy would be statute barred under the Limitation Act 1980 whether such claim were brought in contract or as an allegation of negligent mis-statement. I trust this clarifies the position. I know they still have all of my information, the guy on the phone went back through it while i was talking to him. Is there anything I can do, I though that anything to do with a mortgage was not statue barred for 12 years?
  10. Hi all I hope someone can help. I had my house repossessed in March 2006 and had a personal loan secured against the property. Once the house was reposssesed and sold (which upset me greatly, I was in hospital at the time) I thought, well at least I don't owe anything now even though I have no house. Anyhow, one month after, on April 11th 2006 I received a letter stating "I refer to your request for a redemption statement" and subsequently recieved a demand for over £30,000 pounds. I can vaguely recall Paragon calling me asking for money and I guess I must have requested a redemption statement as I was under the impression that everything was settled. My concern is that, they have now (January 2012) sent a letter asking stating "upon receipt of this letter it is essential that you contact us". No mention of money, or court or anything. I had presumed that this was over with as the debt was first defaulted in October 2005 and the notification to vacate my house was given in 2005. By speaking to them in April 2006 have I acknowledged the debt? Where do I stand, should I write a Statute Barred letter stating that I DO NOT ACKNOWLEDGE THIS DEBT or some other course of action. I'm worried sick as to what I shoudl do now. Thanks In advance of your help. J
  11. Hi. My wife and I have a Secured Loan with Paragon Finance, that was taken out in January 2006. We fell in to arrears in April 2011 and this has now escalated. We have been unable to make the monthly payment nor been able to repay the arrears. We received a Calling-Up Notice on 20 September 2011. I spoke to Paragon on 29th September 2011 with a view to trying to sort out the arrears and prevent further action. Unfortunately, we were unable to make a satisfactory arrangement, and this has now resulted in a citation for repossession under the Conveyancing and Feudal Reform (Scotland) Act 1970. It states that we are ordained to answer within the the Sheriff Court on 25th January 2012 @10:00am. I am at my wits end, as I have been unable to work since 2006 due to 3 failed back surgeries, and although I was still in receipt of salary for1 year, I now only receive Incapacity Benefit. My employers dismissed me due to ill-health in July 2009. My wife works, but her income covers our mortgage and living costs. When we took out the loan, which was via Loanline (Brokers), they advised that we needed to take the PPI, in order to get the loan. I did submit a claim, but Paragon declined it on grounds of my back problems being pre-existing, and also within 24 months of taking out loan. (I'd only seen my GP once about a sore back, and everything sorted itself). So now, we are being faced with the prospect of losing our home. Can it be repossessed if they are only the second in line, after our mortgage providers? Also, If I was able to raise the money to clear the loan entirely, will this stop the action or not? I have looked through the paperwork received today, and there is no mention of stopping the court action, if loan repaid. If I was to submit a claim for PPI refund, would that have any affect on the court action? I am really at a lose to know what to do. Any help/advice would be gratefully received. I know that this is all of our own making, but things have just got out of control. We have struggled to make sure our mortgage payments have been paid, only for this to happen. Paragon, have really made our lives hell, and now are about to make it worse! Thanks.
  12. Hi, Im after some opinions and/or advice on the following please: Paragon finance have recently contacted myself for an old debt - I say old as I haven't made a payment on the account nor have I spoken to anybody about it in paragon or associated debt company since approx 2002/2003: hence I am right to assume it is statute barred? My daughter is nearly 6 yo and I know for a fact I havent made payment nor spoken to anybody about this account since she was born so im confident that over 6 years has definately elapsed! Over the past 5 weeks they have routinely sent me a letter a week saying that they have been trying to contact me etc (even though I have been on the electoral roll and lived at the address for nearly 4 years). The most recent letter (the fifth one) says they will be referring my account to a solicitor for court action if I dont call them, and that they intend to ccj me. Now my initial thought was that these letters are just "fishing" letters i.e. they know it is statute barred and are trying to get me to take the bait, I was thinking of just leaving the matter be and ignoring their threats. However, I am now tempted to do a statute barred letter but am worried about opening a can of worms. Should I just leave it until the Paragon solicitor contacts myself? Are this company likely to take me to court as threatened etc and whats everybodies thoughts please? The debt is approx 6k and the last time I spoke to them (c2002/2003 at the latest) I remember actually disputing the debt too, Paragon didnt address that dispute and then referred it to a dca, whom I have never spoken to, responded too nor made a payment too due to myself disputing the debt years ago.... I would like to be comfortable with my next course of action if I take any, but I am thinking if I should cover my back. If I send a letter saying I believe this to be statute barred, where will/could it go from there? Should I just class this as a fishing attempt etc. Any thought, insight experience would be trully appreciated. Thanks
  13. Universal credit CCJ passed onto Paragon, 15 years on and I owe more than the CCJ Hi all, I really could do with some advice and hopefully direction on this matter as I am yet another unfortunate who has had interest reinstated by Paragon. Previously Universal Credit. Having read numerous parts of the Consumer credit act 1974 I think I may just e able to stand up to them and hopefully help others reading this site also. Typically I am concerned that I am reading it with a bias eye and what have found will get blown straight out of the water by Paragon. Here is my story I will try to give you as much detail without boring you so please stick with it. My story I took out a loan with Universal Credit in 1994 for £8,000 to try and consolidate a few other debts I already had, they had an interest rate of 39.9% PA but at the time it seemed like a good idea to consolidate what debts I could. In 1995 after a change in circumstances I fell behind with this and about 3 other debts. This resulted in me having a few CCJ’s entered against me. Universal Credit accepted a monthly payment of £50 and entered a Judgement against me for £10,141 to be paid back at £50 per month with no end date. To my knowledge I have all the letters ever sent to me including Paragons welcome letter in 1998 etc etc and no mention of interest at all. They have asked me to increase payments which I happily did as I believed that I was chipping away at the debt slowly but surely and as with other CCJ’s it was just a matter of time and I would be all paid up. In August 2008 Paragon sent me a letter to advise me of my “current financial position” which was £12,895.45 in debt, as you can imagine I was puzzled, I rang them and they said they couldn’t comment on when interest was reinstated just that it had been and that I should write to them. I did and asked how after paying approx £8,000 back I could still be so much in debt? All I got back was a letter saying that they had been attempting to contact me and that I should call them? (they also had the cheek to charge me £10 for the letter) I did and was told verbally that I had indeed almost paid the debt off but they still wouldn’t comment on any interest. They suggested that if I increased the payments further it would help me to clear it quicker, so I increased them to £100 per month still in a blind hope that it was coming to an end. Last month I had another statement saying that I owed £12,595.33 which means that by paying them £2,400 over the last two years I have decreased my debt by £400. I again rang up on the 21st September and asked to speak to a manager to sort this out as I believe I have paid the full amount easily by now. They again said that they couldn’t comment but this time to my surprise they said that they would pass it up to their management and that I would receive a letter within a few days clarifying my situation. 1st October and no letter so I rang up again, still no answer as my case account was still under review. A few more days and I had a letter charging me £20 for me phoning them so I rang up again and was told that it was an error and they had the phone call logged but didn’t know it was incoming, they told me that now it was in the hands of their solicitors and that they would contact me in a couple of weeks. Last week I received a letter stating that my balance was £12,600.04 and enclosed was a copy of the original credit agreement. It looks genuine enough but on the back is a box stating “Conditions” and they have highlighted in the miscellaneous section a paragraph stating: (a)If the company obtains judgment against either or both of the Customer(s) in respect of any monies payable under this Agreement then interested on the amount of the judgement will be payable y the Customer(s) at the rate in force on the loan immediately before judgement. I like to think of myself as honest although arguably stupid in the past I have paid off all my other debts but this one is now 15 / 16 years old and I just don’t ever see there being and end to this. I have been reading all the other posts across the forums and wasn’t holding out much hope in putting up a fight but it just seems to be that adding interest back on at some point after the judgement is just unfair? They have still not after me asking a couple of times yet told me when the interest was reinstated. I think this is where I may be able to put up a fight? The details On the bottom on my CCJ there is a box saying “take notice” and there is says in brackets (including interest*) and at the bottom the star refers to: *If Judgement is for more than £5000 the plaintiff may be entitled to interest Please note that this does say MAY be entitled After reading “The County Courts (Interest on Judgment Debts) Order 1991” It states that…… The general rule 2.—(1) Subject to the following provisions of this Order, every judgmentdebt under a relevant judgment shall, to the extent that it remainsunsatisfied, carry interest under this Order from the date on which therelevant judgment was given. (2) In the case of a judgment or order for the payment of a judgmentdebt, other than costs, the amount of which has to be determined at alater date, the judgment debt shall carry interest from that later date. (3) Interest shall not be payable under this Order where the relevantjudgment— (a)is given in proceedings to recover money due under an agreementregulated by the Consumer Credit Act 1974(1); This is my first point which I think I might have a case not to pay the interest the full article is here:(sorry can't add links but if you email me i will happily sent them to you) So whilst I realise that this is the general rule and not set in stone anywhere I started reading the Consumer credit act 1974 Which my agreement states it is regulated by and that signing it legally binds me by it’s terms, this is where I found this little gem: (sorry can't add links but if you email me i will happily sent them to you) 130A Interest payable on judgment debts etc. (1)If the creditor or owner under a regulated agreement wants to be able to recover from the debtor or hirer post-judgment interest in connection with a sum that is required to be paid under a judgment given in relation to the agreement (the ‘judgment sum’), he— (a)after the giving of that judgment, shall give the debtor or hirer a notice under this section (the ‘first required notice’); and (b)after the giving of the first required notice, shall give the debtor or hirer further notices under this section at intervals of not more than six months. (2)The debtor or hirer shall have no liability to pay post-judgment interest in connection with the judgment sum to the extent that the interest is calculated by reference to a period occurring before the day on which he is given the first required notice. (3)If the creditor or owner fails to give the debtor or hirer a notice under this section within the period of six months beginning with the day after the day on which such a notice was last given to the debtor or hirer, the debtor or hirer shall have no liability to pay post-judgment interest in connection with the judgment sum to the extent that the interest is calculated by reference to the whole or to a part of the period which— (a)begins immediately after the end of that period of six months; and (b)ends at the end of the day on which the notice is given to the debtor or hirer. (4)The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of a notice under this section. (5)A notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act. (6)Regulations may make provision about the form and content of notices under this section. (7)This section does not apply in relation to post-judgment interest which is required to be paid by virtue of any of the following— (a)section 4 of the Administration of Justice (Scotland) Act 1972; (b)Article 127 of the Judgments Enforcement (Northern Ireland) Order 1981; ©section 74 of the County Courts Act 1984. (8)This section does not apply in relation to a non-commercial agreement or to a small agreement. (9)In this section ‘post-judgment interest’ means interest to the extent calculated by reference to a period occurring after the giving of the judgment under which the judgment sum is required to be paid. My Plea for Guidance In short I have had no notice whatsoever of them reinstating interest and the first statement I received was some 13 years after the Judgement! I hope this is enough information for one of you kind souls to be able to guide me in what my next move is, I am currently still paying the £100 per month as I’m afraid of what might happen if I stopped. Please help. Robbie
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