defaulted twice for same debt 13 yrs apart

[patch666]

Hi guys,

 

im looking for some very much needed help. In 1994 i got a loan from Universal credit, i defaulted on the loan late 1995. I then moved and in 2003 a company called Paragon said they bought the debt and that i owed them the money (I payed a small amount each month). In Nov 2006 Arrow/CBS purchased the debt and want nearly 4 times the payments etc. which i managed to reduce and i payed a couple of months. In Feb 2007 they placed a default on me.

 

I used this website, with excellent success, in getting the default removed from my credit file. I went down all the correct routes, CCA request(i never recieved my CCA), S10 and S12 (i think), anyway, it was removed, happy as larry, THEN exactly a year after it was removed it appeared again!! I rang CBS/Arrow who the debt was sold too, and within a week a copy of my CCA appeared (15 MONTHS LATE) on my doorstep with some waffle stating;

 

"it is a requirement that when a debt is purchased the default is registered in the name of the purchaser. There should therefore only be one default registered but please let us know......."

 

where do i go from here, the CCA terms, if you can call them that, doesnt have any reference to providing credit reference agencies with info etc and the CCA was signed in 1994, i was defaulted in 1995. Is this CCA enforceable, where do i go from here, has the statute barred thing come into operation as it was 8ish years till they contacted me, has the DCA messed up by sending my CCA 15 months late etc. btw i have all the paperwork and recorded delivery slips as proof that everything was sent, where do i go from here, surely you cant be defaulted twice from the same debt.... is there any way i can get hold of all the info from my account

 

please help.

 

patch666:-)

Edited October 19, 2008 by patch666
spelling

[postggj]

hi patch

 

what has happend hear is the last dca realised that they were getting nothing and just sold the debt on to another ****** dca.

 

i still get letters from a dca from 1998.

 

as long as you have had no contact or acknowledged the debt in a six year period, statute barred. dont talk to arrow, all in writing.

the payment made after six years mean squat, once statute barred, end of.

 

you need to send arrow a 14 day letter before action with a brief history.

tell them the account is statute barred and the default registered is unlawful.

if they dont remove it with in fourteen days a county court claim for removel and damages will be issued with out further notice.

in bold letters at the top put

 

LETTER BEFORE ACTION

 

ADDRESS IT TO THE COMPLAINTS DEPT

 

they have to respond by law as its a condition of there consumer credit licence

 

this should be quite easy to get removed, you just have to step up a gear and take no crap now

 

keep us updated on this one

[patch666]

hi postggj,

 

i certainly arent thick, but im having a bit of trouble understanding the procedure i have to go through to send this LBA, do i need to inform Arrow that they have bought a statute barred debt, do i need to get the excact dates of defaults etc, so i have a paper trail etc. i aint really sure what to do here or what to put in my letter, any advice would be greatly appreciated, also what is the situation wit Paragon, the original DCA from 2003

 

Ta,

 

patch:):)

[patch666]

Hi all is this any good

 

 

LETTER BEFORE ACTION.

Their ADDRESS MY ADDRESS

Dear Sir Madam,

I refer to the above account number regarding my account with yourselves, it is my belief that the debt that you have purchased from Paragon on 30th November 2006 is statute barred, the reason for this is that I was originally defaulted in 1995, and Paragon bought the debt around 2003, thus making the debt statute barred as I have had no contact or acknowledged the debt in a six year period from 1995 till 2003, therefore it is my conclusion that the default you have registered against me is unlawful.

If you don’t remove the default within fourteen days a county court claim for removal and damages will be issued with out further notice.

You have 14 days to reply to this letter.

Regards,

Blah blah blah

[ScabHunter]

The situation with Paragon is that they are bloody lucky.

 

Had you realised back in 2003 that the alleged debt was statute barred, you needn't have paid them a farthing. They got a blinding result because you didn't know your rights, and then they sold their "asset" on for even further gain.

 

As the alleged debt is statute barred, no one has any right to harass you for payment. That is clearly laid down in the CPUTR 2008.

 

All we need to do now is work out the best way to get this default removed. There will be people on here with far more knowledge of this than me, so I'll invite them to post here.

 

SH

[patch666]

hi SH,

 

thanks for that, all info greatly recieved

 

patch:p:p:p

 

btw what do you think of my LBA

[postggj]

patch

 

clear and to the point

 

send recorded delievery and print dont sign

[patch666]

hi all, letter sent today, 24th, recorded delivery. So we shall see what happens

 

patch:):)

[patch666]

hi all, still heard nothing from arrow after the 14 day period. what is my next course of action.

 

regards,

 

patch:)

[havinastella]

IMO

 

Stick to your timescales.

 

Check your credit record, if default is still there, Issue Court proceedings!

 

JOgs

[patch666]

hi all,

 

how do i go about getting court proceedings together. do i need the small claims, county court or what. any info would be greatly recieved as the default is still showing 30 days after the LBA was sent, and obviously no response from Arrow.

 

ta,

 

patch:lol::lol:

[Josie8]

Issue a Part 7 claim on a N1 form at small claims court. Don't bother corresponding any further

[cashins]

The situation with Paragon is that they are bloody lucky.

 

 

That they were, good news is the luck is running out.

 

In Sept this year, with their share price standing at 82p, they rejected a takeover offer of £1.25 per share. 2 months later their share price is 31p and falling. No suprise, their major businesses are Buy to Let and motor finance & leasing.

 

Don't fancy their chances!!

 

David

[patch666]

IS this ok for my POC,

 

please advise, patch :lol:

 

 

i had taken a loan out with universal credit in nov 1994. Due to unforseen circumstances i defaulted on this loan in 1995. A default was registered on my credit file. In mid to late 2003 a company called Paragon contacted me and said i had to pay the outstanding balance to them. I made payments to Paragon, and was then contacted by Arrow in Nov 2006 to say they had bought the debt and my payments should now be paid to them. They wanted 3 times the amount i was paying to Paragon, i told them i couldnt afford that amount and i would pay what i could afford. Arrow placed a default on my Credit file in Feb 2007, i asked why and was told that as they now owned the debt they had to default me. I asked for a copy of my CCA via the correct methods, everything recorded delivery, and the default was removed. Exactly 1 year later the default was replaced on my credit file (July 2008)and a copy of my CCA turned up 15 months after i requested it.

I am asking that the default be removed from my credit file, as i belive that the default is unlawful and the debt is statute barred, as i had not acknowledged or contacted the debtor between 1996 and 2003 and this is over the 6 year period.

Edited November 24, 2008 by patch666
spelling

[patch666]

hi all,

 

firstly im starting to panic as i havent heard a thing from Arrow since i sent the LBA recoreded delivery, the default is still on my credit file, i have posted what i consider a brief description of the claim, but donk know if it is ok or not, and also do i need to SAR them so i dont shoot myself in the foot if it does go to court. any info would be greatly appreciated as im starting to panic.

 

please help:confused: