marketsqhero v Paragon Finance

[marketsqhero]

Ok, in summary

http://legalbeagles.info/forums/show...v-marketsqhero

Restons have now discontinued all action as they couldn't produce any proof of claim.

The flipside in all this is I did a SAR on Paragon and received all the information. The basic premise was there was a CCJ already in place which I paid off totally, but due to them never sending any documentation / statement of balance etc I continued paying them until well after the CCJ was cleared. They also started charging PJI, even though there is communication between their own employees stating that there was no PJI order in place.

After working it all out I have come to a figure of overpayment of roughly £8,000.

I want to go after Paragon for the amount they now owe me, plus potential of Statutory at 8%, and to recover costs I paid to stop action on a CCJ for a debt they should never ever have sold as it didn't exist.

Any thoughts on my first course of action?

[Amethyst]

Re: marketsqhero v Paragon Finance

PJI = Post Judgment Interest

So you got a CCJ against you, an installment ordered by the court ? which you kept up payments on but didn't end when the amount was paid up as they kept adding interest - or just didn't stop the standing order and didn't realise you should have stopped paying ? Also what costs did you pay to stop action on a CCJ - same CCJ ? ie. is there a CCJ already in place on the claim that Restons were trying to bring ?

Think I've confused myself here sorry.

First course of action would be to write to Paragon naturally - but lets check figures etc are right.

[marketsqhero]

Re: marketsqhero v Paragon Finance

So, yeah let me try and straighten this out a little.

It goes back to 1994 originally, I took out a loan with Universal Credit on which the payments for a £10k loan was £227 per month, due to work / family issues at the time I ended up defaulting on it after a about a year. Universal Credit got a CCJ for the full amount remaining plus costs, £11, 800. This was paid consistently, with no gaps in payment on an agreement of £150 per month.

Paragon took over Universal Credit in roughly 1997, all payments continued, and as shown on the SAR the amount "owed" was reducing.

In 1999, after paying off £5,600 of the CCJ and with roughly £6,000 left to pay they for some unknown reason and without any letters being sent started adding £227 to the balance owning (funnily enough the same amount as the original monthly payment!). So as I paid them £150, my balance owning went up by £77 per month!

I had a feeling that around 2001 there should have been around £1000 owning and I was going to pay it off. At this point they tell me my balance owning is now £3,500!

I queried this but they wouldn't send me a statement of balance, and I assumed I had my sums wrong and carried on paying the £150 per month (stupid yes).

The CCJ was satisfied on 11/09/2002, there is even a flag on the SAR to state this, my balance then was £4,055 owning.

I was unaware of all this, I carried on paying until 06/01/2004 at which point I stopped the payments as I was fed up of not getting any info from them. They started harrassment for payment at that point. There is a note on the SAR:

"Interest Balance (£19,938.24) / Judgement Balance (£11,866.49) / Paid (£14.400.00) - "Review how much is left under order to see if he has paid."

I restarted payments due to threats of court action.

On 07/01/2006 they requested payments go up to £170 a month.

16/10/2006 Note on SAR: Please conf amount o/s under judgement

24/10/2006 Note on SAR: EMAIL to SA team / The CCJ has been satisfied + £6983.31 / summons £11786.49 / costs £80 / ccj 25/10/95 £11866.59 / ae fee £50.00 / payments £18900.00

05/03/2007 I stopped making payments.

The hassle and harassment started.

17/05/2007 Note on SAR: EMAIL to SA team / The CCJ has been satisfied + £7733.51 / summons £11786.49 / costs £80 / ccj 25/10/95 £11866.59 / ae fee £50.00 / payments £19650.00

17/05/2007 Note on SAR: balltr passed back to adele to review - please check with JK. Suggest send satisi or SABAL?

22/05/2007 Note on SAR: rvwd acct / borrowed £10k / due under t&c £19938.24 / ptd £20886.80 / paid above t&c + £948.56 / ccj satsi + £7733.51 / email jo.k as bal ltr not sent as prev

26/05/2007 Note on SAR: will have to send SATISI ltr as cust has never had one.

They are still harassing at this point.

More stuff on the SAR about not being able to copy of the agreement, about asking for a recon of it!

21/09/2009 Note on SAR: is pji applicable?

20/10/2009 Note on SAR: Mrs xxxxx / No PJI Flag added / Comment: no pji as no T&C

20/11/2012 Note on SAR: Mrsxxxxxxxxx / SOLD flag added / Comment: Sold to Arrow Global


Balance of £17,874 was sold to Arrow Global, at this point I'd actually paid UC / Paragon £19,810

Arrow then take me to court via Restons to put a CCJ on me which I had to pay to defend. Restons backed off but on the proviso they didn't pay any costs. I believe I should claim this ack from Paragon too as they should never have sold a debt that didn't exist.

I believe I paid the CCJ commitment of £11,800, and am owed £8,000 by Paragon, plus whatever else I can take them for!

[Amethyst]

Re: marketsqhero v Paragon Finance

Oh bloody hell. And the recent claim you got discontinued was from Arrow Global for this same debt ? Well, yes.

Have you brought any of this up with Paragon or Arrow as yet? Formal complaint definitely needed and involve the FOS & FCA. Also did you discuss with Jo and anythign brought up in the proceedings with Arrow - or was that simply no CCA/no debt/discontinue stuff?

[Amethyst]

Re: marketsqhero v Paragon Finance

And basically they sold a CCJ to Arrow, who tried to get another CCJ for the same debt.... that should have been plenty to get it chucked out anyway.

What a nightmare.

[marketsqhero]

Re: marketsqhero v Paragon Finance

Yes, one and same Universal Credit -> Paragon -> Arrow

The case only got thrown out Monday. I didn't want to muddy the waters or potentially let Restons "find" something which would have possibly led them to take it to trial. Now all that is out of the way and they can't resurrect that claim, time to go after Paragon and see what they have to say for themselves. I doubt Arrow knew any of this to be honest, they just bought an assumed bad debt, they got themselves shafted by Paragon too it seems (not that I'm upset for them!)

[marketsqhero]

Re: marketsqhero v Paragon Finance

Oh bloody hell. And the recent claim you got discontinued was from Arrow Global for this same debt ? Well, yes.

Have you brought any of this up with Paragon or Arrow as yet? Formal complaint definitely needed and involve the FOS & FCA. Also did you discuss with Jo and anythign brought up in the proceedings with Arrow - or was that simply no CCA/no debt/discontinue stuff?

Trying to start on getting this sorted, any thoughts on what my first strike should be, a generic complaint letter to Paragon and see what their response is?

[Diana M]

Re: marketsqhero v Paragon Finance

Trying to start on getting this sorted, any thoughts on what my first strike should be

Check whether you have Legal Expenses cover included in any insurance policies you may have such as contents, buildings or motor. If so then you may have access to funding to bring an action against Paragon.

You've done the basic research with the help of your SAR to Paragon. Now I would send a SAR to Arrow to get their paperwork since they purchased this 'phantom' debt from Paragon. Let's see what that throws up.

And the recent claim you got discontinued was from Arrow Global for this same debt ? Well, yes.

. . . . . Also did you discuss with Jo

Time for further discussion

Di