Pezman's Diary

[pezman65]

Re: Pezman's Diary

Hi everyone - Had a few loans and credit cards during my life and did not see a problem with spending, working and playing, in 1998 developed a heart condition and had time in hospital and convalescence. Got behind and tried to sort it via DMC who promised the world and produced nothing. Have been paying back for last 12yrs only to find Paragon have been charging interest and not informing me until they had to in 2009 when the CCA74 was updated.They agreed vebally that interest would be frozen in 2000 and agreed in writing that no areers would be added if I sighned an new DD for the new amount. Now in an impossible position re paying back and receiving all sort of phone calls asking for more money and income and expenditure forms etc etc, health poor and concerned about leaving my wife with all this crap. Feel I have hope now I have found this site and have had support from lots of you for which I am very grateful. Below is some of the debts and I will update with the others as and when. Cheers to all Pezman

Type of account - Loan
Date commenced - 11/09/1998
Approx balance - £22.345 should be £1800 they have charged interest for last 12yrs
Date last full payment - June 1999 was paying £10.60 month until today
Are you on arrangement or not paying - Arrangement until 29.08.12 now not paying
Status - 29.08.12 cancelled DD
Account owner - Paragon Finance

Key:
Blue - Communication Sent
Red - Communication Received

29.08.12 requested CCA and sent £1 po
20.09.12 recieved agreement and conditions, emailed Niddy 2 docs.
23.09.12 Niddy says UE and to send missing PT Template, sent 24.09.12
16.10.12 Letter received stating they have fulfilled their obligation and will not release from obligation
05.11.12 Sent SAR request.
08.11.12 received default sums letter
17.11.12 received letter in response to my SAR request with copy of UE agreement - UE conditions and 6 pages of accounting showing every payment and all interest and charges since inception of the loan.This is exactly what they sent in response to my CCA request.
22.11.12 Sent Final Response SAR request
03.12.12 Letter received stating "We have provided your loan agreement on 3 occasions and have complied with a subject access request fully complying with our obligations. Income and expenditure form enclosed, please complete and send back within 30 days.
04.12.12 Sent ICO complaint
18.12.12 Letter received from Paracrap stating arrears have increased to £42.40, they have charged me £10 to tell me this.
18.12.12 Letter recieved from ICO telling me they have received my letter and will deal with it asap
03.01.13 Income and exp form received from Paracrap, no other comments other than "please complete"
04.01.13 Letter recieved from Paracrap: "You did not return your I&E form Please reply within 7 days or phone us. We have charged you £10 for this letter".
04.02.13 Letters received from Paracrap, one default sums notice stating £20 has been added to account and one stating no payment plan in place please contact.

Hi Guys, just to update, 2 letters from Paracrap in one day. One stating notice of default and £20 applied to your account and one stating there is no payment plan in place please contact. At the moment the account is increasing by about £20 a month (default charges) plus interest at 18% which is about £330 a month. Does anyone have any suggestions or should I just sit tight. I have not yet heard from ICO since December.Cheers Pez

[ScabHunter]

Re: Pezman's Diary

Hi Guys, just to update, 2 letters from Paracrap in one day. One stating notice of default and £20 applied to your account and one stating there is no payment plan in place please contact. At the moment the account is increasing by about £20 a month (default charges) plus interest at 18% which is about £330 a month. Does anyone have any suggestions or should I just sit tight. I have not yet heard from ICO since December.Cheers Pez

Does this “notice of default” actually use the words DEFAULT NOTICE and mention Section 87 of the Consumer Credit Act 1974? It is critically important to establish whether this is an actual default notice, or just another silly threat using big words.

If it is an actual default notice, then you should definitely just ignore it, as they will presumably go on to terminate the account unlawfully due to the fictitious charges they have been adding. Make sure you keep the notice and the envelope it came in safe, because it may come in useful in the future.

Without being able to see the wording, or to know how many days have been allowed to remedy the alleged breach, it is impossible to know whether the notice itself is defective, but the default and termination is guaranteed to be unlawful due to the charges which have been added with no contractual stipulation. This is one of the most blatant cases of this I have ever seen.

Of course, if it is just a bog standard threat and not a default notice, none of the above will apply. Just ignore it anyway because they are being totally stupid.

SH

[pezman65]

Re: Pezman's Diary

Does this “notice of default” actually use the words DEFAULT NOTICE and mention Section 87 of the Consumer Credit Act 1974? It is critically important to establish whether this is an actual default notice, or just another silly threat using big words.

If it is an actual default notice, then you should definitely just ignore it, as they will presumably go on to terminate the account unlawfully due to the fictitious charges they have been adding. Make sure you keep the notice and the envelope it came in safe, because it may come in useful in the future.

Without being able to see the wording, or to know how many days have been allowed to remedy the alleged breach, it is impossible to know whether the notice itself is defective, but the default and termination is guaranteed to be unlawful due to the charges which have been added with no contractual stipulation. This is one of the most blatant cases of this I have ever seen.

Of course, if it is just a bog standard threat and not a default notice, none of the above will apply. Just ignore it anyway because they are being totally stupid.

SH

Hi SH, thanks very much for the reply. The letter states very clearly "Please note this is not a default notice as required by sec 87(1)of the CCA 1974" It states only that it is default sums. Shall just ignore it as suggested, again many thanks, Pez

[ScabHunter]

Re: Pezman's Diary

"Please note this is not a default notice as required by sec 87(1)of the CCA 1974"

I had a feeling it might be. This lot really are the most pathetic shower I've come across in all the years I've been posting on this and (previously) another forum. They make up their own rules as they go along, creating bogus charges and interest whenever they feel like like it, and now they issue “default notices” which they have to state aren't default notices just in case anyone should think they are taking the law seriously for once.

I'd advise cutting their letters into squares and hanging them in the smallest room, except for the fact that you need to keep them as evidence of just how insane this case has become.

SH

[pezman65]

Re: Pezman's Diary

I had a feeling it might be. This lot really are the most pathetic shower I've come across in all the years I've been posting on this and (previously) another forum. They make up their own rules as they go along, creating bogus charges and interest whenever they feel like like it, and now they issue “default notices” which they have to state aren't default notices just in case anyone should think they are taking the law seriously for once.

I'd advise cutting their letters into squares and hanging them in the smallest room, except for the fact that you need to keep them as evidence of just how insane this case has become.

SH

Thanks mate, will do.Pez

[pezman65]

Re: Pezman's Diary

Type of account - loan

Date commenced - 1998

Approx balance - £5109

Date last full payment - 2000

Are you on arrangement or not paying - Arrangement until 04.09.12 now not paying

Status - Just cancelled DD

Account owner - Barclaycard 84

Key:
Blue - Communication Sent
Red - Communication Received

29.08.12 requested CCA and sent £1 po
08.09.12 letter received from Barclays dated 05.09.12. tranfering to RMA.
02.10.12 Letter from BC stating again account passed to RMA.
15.10.12 Letter recieved form RMA offering reduced settlement if I contact them asap or I will loose the offer.
29.10.12 letter from RMA demanding payment or else.
27.11.12 formal notice of potential doorstep recovery, no acknowledgement of my CCA request.
01.12.12 Sent doorstep letter template.
16.02.13 Letter from RMA headed "30 DAY NOTICE" This situation is unacceptable and cannot be allowed to continue.contact the office or they will pass back to BC and recomend they investigate legal action. Again no mention of my CCA request.

Hi Guys, another letter from RMA stating "30 DAY NOTICE" This situation is unacceptable and cannot be allowed to continue,contact the office or they will pass back to BC and recomend they investigate legal action. Again no mention of my CCA request. Should I ignore or reply with template, Many thanks Pez

[Deepie]

Re: Pezman's Diary

Hi Guys, another letter from RMA stating "30 DAY NOTICE" This situation is unacceptable and cannot be allowed to continue,contact the office or they will pass back to BC and recomend they investigate legal action. Again no mention of my CCA request. Should I ignore or reply with template, Many thanks Pez

I'd send this if it were me -----> CCA Reminder - Unenforceability Threat

[pezman65]

Re: Pezman's Diary

I'd send this if it were me -----> CCA Reminder - Unenforceability Threat

Thanks I2D, I have already stopped paying so I will leave that bit out about considering ceasing payment etc, many thanks

[pezman65]

Re: Pezman's Diary

Type of account - loan

Date commenced - 1998

Approx balance - £5109

Date last full payment - 2000

Are you on arrangement or not paying - Arrangement until 04.09.12 now not paying

Status - Just cancelled DD

Account owner - Barclaycard 84

Key:
Blue - Communication Sent
Red - Communication Received

29.08.12 requested CCA and sent £1 po
08.09.12 letter received from Barclays dated 05.09.12. tranfering to RMA.
02.10.12 Letter from BC stating again account passed to RMA.
15.10.12 Letter recieved form RMA offering reduced settlement if I contact them asap or I will loose the offer.
29.10.12 letter from RMA demanding payment or else.
27.11.12 formal notice of potential doorstep recovery, no acknowledgement of my CCA request.
01.12.12 Sent doorstep letter template.
16.02.13 Letter from RMA headed "30 DAY NOTICE" This situation is unacceptable and cannot be allowed to continue.contact the office or they will pass back to BC and recomend they investigate legal action. Again no mention of my CCA request.
18.02.13 sent unforcebility letter
21.02.13 Received letter from BC stating account passed to Mackenzie Hall and a request to contact, also, if I dont call a date they will call me.

Hi Guys, Letter from BC, RMA appear to have gone and BC have appointed Mackenzie Hall to manage the account. Should I send "sold in dispute letter" or just wait until MH contact me, many thanks Pex

[Deepie]

Re: Pezman's Diary

Hi Guys, Letter from BC, RMA appear to have gone and BC have appointed Mackenzie Hall to manage the account. Should I send "sold in dispute letter" or just wait until MH contact me, many thanks Pex

I would just wait until MH contact you.........

[jon1965]

Re: Pezman's Diary

then tell them to piss off

[pezman65]

Re: Pezman's Diary

I would just wait until MH contact you.........

Thanks I2D, will do, cheers Pez

[pezman65]

Re: Pezman's Diary

then tell them to piss off

I tell you what jon1965, I used to be scared of the phone now I really enjoy it, they get so pissed of when you dont play there game, cheers Pez

[pezman65]

Re: Pezman's Diary

Hi Guys, just received a letter from Barcrap, it states "We have searched our files for the last 10yrs and can find no loan agreement listed under your name, please accept our appologies etc etc" They have given a reference that does not match any loans I have had. Is this a game they are playing? any ideas would be appreciated, many thanks Pez

[MrsD]

Re: Pezman's Diary

well if they can't find the agreement are they still chasing you?