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Old Egg loan with PPI, letter threatening legal action form Wilkin Chapman Solicitors

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  • Old Egg loan with PPI, letter threatening legal action form Wilkin Chapman Solicitors

    Hi there, after some advice please. I defaulted on an Egg loan years ago after getting into serious financial difficulties, had heard nothing from Egg or DCA's for at least 3 years and then Brittanica recoveries sent me a letter in June 13, I CCA'd them and after months sent me an agreement (attached). I wrote back to say that there were no terms and conditions and that PPI had to be shown separately (read that somewhere on here)


    Thing is this debt dropped off my credit file some months ago, so my theory was that it is now statute barred, I have never acknowledged this debt.


    I then got a letter form Wilkin Chapman Solicitors acting on behalf of Britannica asking for my repayment proposals. I stated that the debt was SB and they said the last payment made was 14th December 2008, I asked for proof of this but they have not been able to provide it, but they have sent me a copy of the CCA - same one Britanica sent me.


    I read somewhere on here that if the agreement has the PPI and amount of credit lumped together then the agreement would be unenforceable?? Is that right?? Can someone please advise


    Im just wondering how to respond to Wilkin chapmans latest letter, do I go down the unenforceable route or the Statute barred route. I don't want to reclaim the PPI because that would be acknowledging the debt wouldn't it? As it dropped off my credit file I don't know when I made the last payment, but the agreement was made in 2004 after they sent me a letter telling me I had been pre-approved for a loan. Do I claim that its statute barred unless they can provide proof it isn't?


    They want me to respond within 7 days. Any advice on how to respond would be greatly appreciated. Thanks.
    Attached Files
    Last edited by Amethyst; 17th December 2013, 08:31:AM. Reason: removed links
    Tags: None

  • #2
    Re: Old Egg loan with PPI, letter threatening legal action form Wilkin Chapman Solici

    bump

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    • #3
      Re: Old Egg loan with PPI, letter threatening legal action form Wilkin Chapman Solici

      The PPI is shown separately.

      £10k loan and £3649.34 PPI premium over 84 months at 6.73%.

      Have you done a formal CCA request ?

      If so did you get some additional pages showing the terms and conditions applicable to the loan ?

      How much is the outstanding debt ?


      With regards to Stat Barred - that it has dropped off your credit file just means you defaulted on the agreement over 6 years ago, you may have made payments/acknowledged the debt after that time, without having statements/transaction lists of the loan account and your bank account from the time, it's hard to evidence whether there were further payments.
      Common Sense .... if in doubt, use it !

      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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      Comment


      • #4
        Re: Old Egg loan with PPI, letter threatening legal action form Wilkin Chapman Solici

        Hi there, sorry for not replying sooner. Been backwards and forwards with them trying to get details of the payment made in 08 as I don't believe I paid anything since 2007.

        No I didn't get any T & C's, just a copy of the agreement. The os debt is nearly £7k. Do you think this agreement looks enforceable? Its just strange that no one has chased this for years and all of a sudden a flurry of letters from Arrow Global/Brittanica/Wilkin Chapman.

        The most recent letter received from them is offering me a 25% settlement, so was wondering do they also think they are on a sticky wicket?!!

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        • #5
          If you havenít already done so, write to the solicitor telling them that you have had no contact by an Arrow Global/Brittanica and therefore have no idea of what they are representing. I did this with them in a couple of accounts and I think because they havenít followed the cca they have disappeared into the background for the last 6 months not heard a thing from them?

          Comment


          • #6
            See above. Definitely the course of action to take. Hope you did!

            Comment

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