Paragon SARNgreenspun.com : LUSENET : Repossession : One Thread
My father just received a bundle of papers relating to his Universal Credit loan (now owned by Paragon). This is a settled account. I have alluded to this in a couple of posts but, in case you're wondering, here is a potted history of this account. 1. Parents could not make payments and agreed to make reduced payments. 2. Paragon wrote to say that, as an incentive to pay by Standing Order, they would add the arrears to the account so that the account would be shown as up-to-date with CRAs. The letter did not say that they would be charging £200 per month interest (as a further incentive to pay by SO). 3. Father realises he is in a mess and consults World's Second Most Dishonest DMC (obviously he didn't realise that at the time). WSMDDMC advice to stop paying all accounts to give negotiating leverage. 4. Paragon refuses to negotiate with WSMDDMC and commences legal proceedings. 5. Friendly district judge gives summary judgment for 30% amount claimed. 6. Paragon appeal to Circus Judge (QC) who allowed their appeal and awarded 100%. 7. Pansalar cancels Christmas to spend 14 days (that's how long you get) on Leave to Appeal application. Essentially this argues that the aforesaid letter was a contract not in accordance with the CCA 1974 and hence void. 8. Lord Justice Robert Walker gives permission to appeal. 9. Paragon decides to negotiate (Funny that).
The SARN was because Father is suing WSMDDMC for fraud. WSMDDMC claims to be instrumental in achieving the settlement and sends a bill for £1K commission. When the bill is queried, WSMDDMC decides to extract the money by means of threats.
The documents arrived repackaged by the Post Office because they had split apart and half the pages are missing. When Father contacts Paragon to ask them to resend these pages, however, they are guarded and state they are being withheld for reasons of "confidential third-party information."
Surely this information is blacked out?? I am highly suspicious. I think the pages relate to my legal argument and legal advice taken by Paragon in respect of this. I don't think they would want this advice circulated on, for example, this forum.
What do you think?? Does anyone else have experience of SARNing Paragon/ Universal/ NHLC??
(Originally posted on debthelpuk)
-- pansalar (email@example.com), September 25, 2003
P.S. I checked and, yes, there is an exemption for legal professional privilege but that surely can't be claimed in respect of EVERYTHING between date x and date y, even if they were suing you at the time??
-- pansalar (firstname.lastname@example.org), September 25, 2003.
I would take a look at the last posting by ffw under "Information Commissioner - Drydens and Bradford and Bingley" dated June 30th 2003 re the legal privilege bit. As you say third party information can be blacked out.
I would email Lee Gardiner - Information Commission Compliance Officer at email@example.com and ask his advice, with the view to getting an assessment. If you are not happy with the assessment then you can ask for a full review.
Furthermore, a lender who has failed to act reasonably by not supplying the necessary documentation in order to justify their claim against a mortgage shortfall victim is required to do so under the Civil Procedure Rules, rule 1 (the 'overiding objective' + the Pre- action Protocol Direction). So I would also point this out to them. Please let me know how you get on. Good Luck.
-- M Amos (firstname.lastname@example.org), September 26, 2003.