Universal Credit - Paragon - please help?

[WILKINSS208]

Hi

I have just received my statements through from universal credit for a debt I had from 1995. The amount I owe has gone up since then due to interest and fees.

on their statements they have fees for letters, telephone calls etc, can I claim these as £20 and £10 and add up to loads. Also, there are amounts for £41.75, £62.11 and down as misc charge, can I use these?

Would appreciate any help.

 

Thank you

 

HALIFAX SETTLED IN FULL 6 YEARS - COURT FOR PREVIOUS YEARS 22/3/07

GMAC - COURT CLAIM 14/2/07

HALIFAX VISA - COURT CLAIM 15/2/07

CAPITAL ONE 1 - COURT CLAIM 15/2/07

CAPITAL ONE 2 - COURT CLAIM 15/2/07

[InKogneeToh]

Hi

 

I had a loan with UC which was bought out by Paragon. Paragon are aware that some of UC's credit agreements may not have been properly executed so you should check the agreement very carefully to make sure that all required terms/statements of protection etc. are present and in the correct format.

 

Have you done a s77/78 request on Paragon yet and have they produced a copy of the original agreement?

 

Regards, Pam

[WILKINSS208]

Hi

 

I had a loan with UC which was bought out by Paragon. Paragon are aware that some of UC's credit agreements may not have been properly executed so you should check the agreement very carefully to make sure that all required terms/statements of protection etc. are present and in the correct format.

 

Have you done a s77/78 request on Paragon yet and have they produced a copy of the original agreement?

 

Regards, Pam

 

hi pam

 

when i requested the sar, they sent me all statements and credit agreement. how do i tell if its ok? what happened with yours?

[InKogneeToh]

Hi

 

Click on the link in post 2662 on the following thread. Save the document to your own files and read it very carefully and compare all of the requirements with your agreement and also whether it was cancellable or not and if so whether you received the correct notices at the correct times if you can remember!). Most of the requirements as to what an agreement must contain are applicable to non-cancellable ones as well

 

If it is correct in every respect then it's probably okay. If not it may be improperly executed and may be unenforceable.

 

Regards, Pam

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-134.html

[WILKINSS208]

so what would that mean?? has this happened to you ??

[InKogneeToh]

so what would that mean?? has this happened to you ??

 

Hi

 

Yes it has happened to me and it means that an agreement that does not conform to the strict requirements of the CCA is not enforceable without an order of the court. So, in such a situation, the creditor/DCA could not make you pay unless they got prior permission from a court, where the faults would first be assessed to see what 'harm' had been caused to you by the creditor's non-compliance.

 

regards, Pam

[WILKINSS208]

I Have A Ccj From This Company, However, When Looking The Agreement Does Not Have My Signature On. The Application Form Does, But Not Agreement - What Happens Here?

[InKogneeToh]

Hi,

 

Without being able to see the actual agreement it is impossible to advise you whether it's correct or not. Is there any way you can scan the copy (blank out personal details) and post it up on the site or send via email to me?

 

Regards, Pam

[WILKINSS208]

I Havent A Scanner

[InKogneeToh]

I Havent A Scanner

 

Okay, can you give more detail then - what type of loan it was, where you filled out the application form, what does it say?

 

Does the agreement meet all the requirements in the OFT doc. I referred you to and is your signature definitely not in a box on the agreement? Where did you complete the agreement?

 

Regards, Pam

[WILKINSS208]

£2000.00 LOAN WITH NO PURPOSE ON LOAN FORM

FILLED IT IN AT HOME ALONE

THE APPLICATION FORM HAS AMOUNT ON, PAYMENT PER MONTH, MY NAME, ADDRESS,DOB, TEL NO, PREVIOUS ADDRESS,WHETHER I OWN CAR, BANK DETAILS, JOB DETAILS, OTHER CREDIT ACCOUNT DETAILS, MY SIGNATURE AND DATE.

ON THE AGREEMENT FORM IT HAS, NAME AND ADDRESS, REF NUMBER, AMOUNT, PAYMENT AMOUNT, INTEREST RATE, APR RATE, TERM, INSURED NAME, NO SIGNATURES!

 

COMPLETED AT HOME ALONE AND NO SIGNATURE (WOULD THEY OF TAKEN OUT?)

[WILKINSS208]

also, they have charged me 37% interest, can i do the same back when claiming charges?

[InKogneeToh]

£2000.00 LOAN WITH NO PURPOSE ON LOAN FORM

 

FILLED IT IN AT HOME ALONE

 

THE APPLICATION FORM HAS AMOUNT ON, PAYMENT PER MONTH, MY NAME, ADDRESS,DOB, TEL NO, PREVIOUS ADDRESS,WHETHER I OWN CAR, BANK DETAILS, JOB DETAILS, OTHER CREDIT ACCOUNT DETAILS, MY SIGNATURE AND DATE.

 

ON THE AGREEMENT FORM IT HAS, NAME AND ADDRESS, REF NUMBER, AMOUNT, PAYMENT AMOUNT, INTEREST RATE, APR RATE, TERM, INSURED NAME, NO SIGNATURES!

 

COMPLETED AT HOME ALONE AND NO SIGNATURE (WOULD THEY OF TAKEN OUT?)

 

Hi

 

Is there no signature box on the agreement at all or is there one but empty?

 

Also are all the statements about your protection and remedies on the agreement. Check the OFT doc. section by section and compare it with your agreement. If you did all arrangements from home then it won't have cancellation notices on it but should have the rest. It's up to you to check your agreement as you don't have any way of displaying it here.

 

As for the interest rate, that seems very steep for a 2 year loan. Has it always been that rate?

 

Regards, Pam

[WILKINSS208]

Hi

 

Is there no signature box on the agreement at all or is there one but empty?

 

its there just empty

 

Also are all the statements about your protection and remedies on the agreement. Check the OFT doc. section by section and compare it with your agreement. If you did all arrangements from home then it won't have cancellation notices on it but should have the rest. It's up to you to check your agreement as you don't have any way of displaying it here.

 

As for the interest rate, that seems very steep for a 2 year loan. Has it always been that rate?

 

always that rate, i was only 18years so they might of done that as first debt

 

 

 

Regards, Pam

 

thanks

[InKogneeToh]

Hi again

 

If an agreement is sent in response to a CCA s77/78 request then the creditor is permitted to omit the signatures, names and addresses. However, I would have thought that for a SAR then a true copy of the agreement should be sent.

 

I would write back to Paragon, refer to your SAR and ask them to confirm that what they have sent is a full copy of the agreement doc. they hold and if not to send a complete copy.

 

Regards, Pam

[WILKINSS208]

i will then, however, i feel i need to press on for the charges. then i can sort out the 77 78 - do you think thats right?

[InKogneeToh]

i will then, however, i feel i need to press on for the charges. then i can sort out the 77 78 - do you think thats right?

Hi

 

If the charges are of the penalty type and can be reclaimed then it may be possible to have the CCJ set aside as the total they claimed that you owed for this would be incorrect. There are set procedures for doing this and if you wanted to try that it would be best to do the charge claim first.

 

Regards, Pam

[WILKINSS208]

so how would i go about trying to get ccj removed aswell? would i request this when trying to reclaim charges?

[InKogneeToh]

Hi

 

No, an application for a set aside must be made to the court. I would concentrate on one thing at a time - get your charges totalled and decide what interest you want to claim. There are various spreadsheets on this site that you can use. Get this settled first then you can work on your evidence for a set aside application.

 

Regards, Pam

[WILKINSS208]

what interest do you think i should use, their rate or 8%

[InKogneeToh]

what interest do you think i should use, their rate or 8%

 

That again is entirely up to you but bear in mind that if you claim contractual you will have to prepare your arguments in favour of this if it gets to court and contractual needs to be claimed from the start.

 

The stat. interest rate of 8% can only be claimed from when court action is started. Many people have been claiming contractual but in their claim forms have been including 8% as an alternative if the court says no to contractual.

 

If you haven't claimed any charges back already you need to do your homework on this site and make sure all your evidence and docs. are in order and that you understand the legal arguments in case it actually gets to court.

 

My best advice is to read some of the cases in the successful claims section and then you will get an idea of any potential problems. I haven't actually reclaimed any charges yet so can't really recommend any one option.

 

Best of luck!

 

Oh sorry, just noticed you are a seasoned charges claimant so I'll stop teaching you to suck eggs!!

 

Regards, Pam

[WILKINSS208]

yes ive already won with halifax and got alot pending with others. i think i will try the 37% interest, but how do i change the interest rate in spreadsheet?

[InKogneeToh]

Hi

 

I'm sorry but I've not tried the spreadsheets yet and am a bit of a techno-phobe so can't help you there. I think there is some guidance in the stickies of some of the forums but can't remember where.

 

If you can't find the info. try PM'ing a site helper.

 

Regards, Pam

[WILKINSS208]

well i have done spreadsheet and sent off, only done 8% interest. i will be happy if get that. afterall, clears the balance outstanding which is the main thing. they have 14 days to reply oooooo i love this!

[InKogneeToh]

well i have done spreadsheet and sent off, only done 8% interest. i will be happy if get that. afterall, clears the balance outstanding which is the main thing. they have 14 days to reply oooooo i love this!

 

Hi

 

You can only claim the statutory interest of 8% under s69 of County Courts Act from the date that you file your court claim. Having said that, if you have claimed it already they might pay it, but just be aware.

 

Regards, Pam