Is this CCA legal (Paragon Finance)

[eoghan]

Hi,

 

I was told that a lender would not be able to carry out any action on an account while there was an active Official Notice of Complaint in process - is this true?

 

And if so, under what legislation does it come?

 

Thanks in advance.

[dx100uk]

in practise it happens all the time sadly

 

its only a guideline

 

tell us about you issues please

 

dx

[eoghan]

Hi dx

 

After learning that all lending is a fraud, I decided to investigate this further and having had this information confirmed by the Bank of England I decided to write to Paragon and ask them to provide all the info they have on me via a SAR, they failed to provide a whole heap of information.

 

I then wrote another letter asking them to provide certain proofs about the account via an Official Notice of Complaint, their failure to provide these proofs (12 pages worth) with a sworn affidavit will mean they are then in a condition of estoppel.

 

I am seeking remedy for the fact that we consumers are being blatantly lied to about how the money for loans is being created and then illegally loaned back to us. The whole system is a sham.

 

In the meantime, I want to know if the bank can continue to action the account, ie send out default letters add charges and fees etc whilst the account is in dispute?

[eoghan]

Hi Folks,

 

Been away and hadn't done any further action on this account, but now my wife and I are in a serious financial trouble and it's time to see if this CCA is enforceable or not.

 

Below is a transcript from the SAR I will be sending today.

 

I will keep this thread updated now and hope to see some admins stopping by to lend a hand.

 

Data Protection Act 1998 Subject Access Request

 

Please would you kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.

 

For the avoidance of doubt, take note that the enclosed Postal Order is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return Postal Order.

 

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I have with your company.

 

1. Computer screen notes relating to the conduct of my account

 

2. Computer screen notes relating to transactions that have gone through my account

 

3. Internal messages or notes relating to the conduct of my account

 

4. Internal messages or notes relating to transactions that have gone through my account

 

5. Recordings of any telephone conversations, whether internal or external, relating to my account

 

6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account

7. Copies of letters relating to my account

 

8. All information relating to litigation or pre-litigation that has taken place on my account

 

9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item

 

10. Copies of all reviews conducted relating to my account

 

11. Copies of all other paperwork relating to my account.

 

12. Copies of any and all documentation issued to me or left at my property regarding my account

 

13. Copies of all cheques issued in relation to this account – the names of the organisations (creditors) the cheques were made out to and for how much

 

14. A copy of the contract between you and the IFA (credit brokerage contract) that managed the transaction between MY NAME and PARAGON and a copy of the Invoice in relation to the payment made to the broker and under what terms the payment is to be made

 

15. The statement of means

 

16. Confirmation of whether the NOTE has been sold or destroyed and if neither then it’s current location and certified copy of the NOTE

 

17. The origin of the monies used to facilitate the loan, as you are aware banks are required to provide up to three years of accounting.

 

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

 

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one to which all previous correspondence has been issued.

 

Please also provide me with the name of the individual who is the duly authorised representative from your company, who has seen these documents and is certifying these as certified copies and under penalty of perjury and with unlimited liability.

[eoghan]

So had a reply back from Paragon:

 

We refer to your recent acces request and enclose copies of the personal data to which you are entitled under the DPA 1998.

 

Whether certain information must be disclosed depends on whether it is 'personal data' and how it is stored. By way of explanation, if you have requested, or were expecting to receive, any of the items listed below then our position is as follows:-

 

(a) Any underwriting sheet or record, settlement quotation, valuation report or correspondence is by us either on a paper file or microfiche that is not a relevant filing system for the purposes of the Act or, if held in a digital medium, is not being processed by equipment that is operating automatically in response to instructions given for that purpose. Accordingly, these items do not fall within the ambit of Section 7 of the Act.

 

(b) We will not provide details of any commission paid to an introducer or received from an insurer. This information is not personal data and therefore does not fall within the ambit of Section 7 of the Act.

 

© If it has been requested, we have provided copies of the account transaction history to the extent they comprise personal data for the purposes of the Act.

 

Plus an appendix of other non relevant ****e such as the credit reference agencies and there addresses.

 

The only information they have submitted is the list of transactions on the account, a copy of the application form and copies of my wage slips which were sent in support of the original application.

 

Nothing else. Nada. Zip. Zilch.

 

Anyone out there can help?

[eoghan]

Hi Folks,

 

OK, long story short.

 

Been bouncing back and forth with Paragon for over a year now, and finally they have taken me to court for a Possessory Order hearing in Bournemouth. Was originally scheduled but have requested an adjournment so that I can file a defence.

 

In the process of compiling the Defence based on:

 

1. There was no Loan as the bank didn't actually lend me anything - see modern money mechanics

2. They committed fraud as they didn't disclose these material facts - plus some others

3. Failure to respond to my Notice and Demands created an Estoppal

4. They actually have no Possessory Claim as per the Land Registry Act and rules for filing

5. They misstated the credit amount on the CCA and therefore according to Wilson etc. the CCA is not enforceable.

 

So, I shall kep the thread updated and once I have a court date, I'll let you know and if anyone wants to come along and watch and support then by all means please do so.

[eoghan]

Court date set at Bournemouth County Court 23rd June. Come along.

 

Defence is filed...

[Rayn2036]

Wish you all the best..

[Baz1994]

Good Luck and keep us posted.