Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defend?

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Continue on from post above... if I let this go to fast track and loose, can they do another charging order on the house? Will the court allow the amount to include PPI?

Potentially yes to both.

The PPI will not be allowed if you win that part.

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Potentially yes to both.

That's not good news...need to think again about this.

If you win that part.

..you mean i have to argue about PPI as well and could well loose on that one too? I thought they will just deduct the PPI as its known fact that its not legal..

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

It's not a known fact. Not every PPI policy is, or has been, mis-sold.

A court decides whose argument wins. If you don't argue it they'll ignore it. That pretty much goes for anything and everything.

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

It's not a known fact. Not every PPI policy is, or has been, mis-sold.
A court decides whose argument wins. If you don't argue it they'll ignore it. That pretty much goes for anything and everything.

Ok. Noted, thanks. Looking at the letter sent to me by Canada Square OPs which I put on #9 here, I am amongst those whose PPI was missold. If I were to go ahead to trial, I guess this is a valid evidence that PPI in that loan was missold isn't it?

Is there any similar case like me somewhere out there?

[CleverClogs]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

The more I write on this thread, the more I think there is something fishy going on and that Shoesmith is playing at Silly Buggers with me.

I've fixed your post for you. :grin:

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Ok. Noted, thanks. Looking at the letter sent to me by Canada Square OPs which I put on #9 here, I am amongst those whose PPI was missold. If I were to go ahead to trial, I guess this is a valid evidence that PPI in that loan was missold isn't it?

"You may" "might" "if you think you may be affected"

If it was a certainty they would have either deducted the amount or sent you a cheque.

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

"You may" "might" "if you think you may be affected"

If it was a certainty they would have either deducted the amount or sent you a cheque.

Point taken.Thank you but what if Britannica & their lawyer Shoesmith did not know the PPI have been missold? The reason I said this is because it was not them who sent me that PPI letter last year but Canada Square Operations used to be Egg.

The way I see it at the moment Egg assigned the loan to Britannica between 2010 and 2011 and now suddenly in 2013, Egg sent me a letter saying oopps... we missold this PPI to you. Possible or not?

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

At this point in time, after reading all the comments here and discussing it which really helps me (thank you all), I am a little bit clearer of the options available to me but it also raises more questiions.

Now the way I say it, I could either:

A) Contact Shoesmith tomorrow and told them that:
(i) I need to see the Notice of Assignment
(ii) the loan include PPI and that it was missold to me and that they need to deduct the PPI and the
interest on it

before I can agree to withdraw defence and consent to any judgment being entered against me

I have calculated using the s/sheet from Bill-k & using estimation only as have no statements its
c £5k

OR

B) I ignore the without prejudice letter.


Questions then:

1) If I go with (A) above, what happen if Shoesmith disagree to deduct the PPI? Or the amount they agree is less than the amount I calculate?

2) Does by contacting them I am admitting liability towards the debt? and how would I be able to get a Tomlin Order if they don't agree ?

3) If I decide to go with (B), what would happen next? Do I need to ammend my defence now or wait till the court tell me to do so?

4)And if the court didn't ask me to ammend my defense and straight allocate the claim and asked me to do an AQ, do I then do the unless order?

5) The way I see it now after reading all the comments here, there are 2 points of contention
(a) its Britannica that took me to court. Shoesmith only present me with a loan agreement
between me & Egg not me and Britannica. Shoesmith has not provide me with a copy of
NoA so how can I accept liability. Isn't the burden of proof lies on Claimant?

(b) the PPI.

That's my thought process at the mo. Any advice is most welcome.

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

The way I see it at the moment Egg assigned the loan to Britannica between 2010 and 2011 and now suddenly in 2013, Egg sent me a letter saying oopps... we missold this PPI to you. Possible or not?

Not only possible but probable.

1) If I go with (A) above, what happen if Shoesmith disagree to deduct the PPI? Or the amount they agree is less than the amount I calculate?

No point covering every possible outcome until it happens. You are going to confuse the hell out of yourself. You'd need to negotiate. Perhaps even request a stay until you contact Egg about the PPI.

2) Does by contacting them I am admitting liability towards the debt? and how would I be able to get a Tomlin Order if they don't agree ?

I wouldn't worry about acknowledging a debt when court action has started.

I don't think you can force a Tomlin order as it is basically an agreement between parties. You could seek a time to pay order via the courts under s129 CCA but this will be recorded on your credit file although i'm not sure that matters to you.

3) If I decide to go with (B), what would happen next? Do I need to ammend my defence now or wait till the court tell me to do so?

Depends. They may apply for summary judgement.



the proof is on the claimant. Proof of sending is usually enough. http://www.bailii.org/ew/cases/EWCA/Civ/2013/716.html

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Not only possible but probable.

if I were to contact shoesmith should I include that ppi letter from Canada square /egg and see what they say?

[pt2537]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

if I were to contact shoesmith should I include that ppi letter from Canada square /egg and see what they say?

LOL they would probably try to say that its not their client who was the author of the misselling therefore there is no liability that can be attached to them.............and after thinking this point through, they would be correct.

If one reads Jones v Link Financial Limited for example, it is clear the Court takes the view that s75 Claims dont transfer on assignment. This is quite right, indeed the authors of Goode and Lloyd and Guest agree on this point.

Therefore Brittanica would be entitled to the full sums, if you were missold you would join Egg as a part 20 Defendant to the current claim

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Following on from what PT said above about the PPI and others about the absence of NoA it seems I have no choice but to accept the full £14992 debt +£500 legal cost to Britannica and withdraw my defense.

[pt2537]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Following on from what PT said above about the PPI and others about the absence of NoA it seems I have no choice but to accept the full £14992 debt +£500 legal cost to Britannica and withdraw my defense.

or stick Egg in as a part 20

Its straight forward really. You shouldnt be held liable for monies which you dont owe, so get an indemnity from Egg or ask for the Claim to be stayed to allow negotiations to take place and settlement etc

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi Pt,

or stick Egg in as a part 20

Sorry if this is a stupid question but I don't understand what is a part 20?

so get an indemnity from Egg

What is indemnity? And how do I get it from Egg?

ask for the Claim to be stayed to allow negotiations to take place and settlement etc

so tomorrow should I wrote to shoesmith and tell them that I want to stay the claim till this ppi issue I have with egg settled?how does one ask for a stay?

[pt2537]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

CPR rule 20

Best to go read it if youre not sure what a part 20 is.

An indemnity, it is what it is, an indemnity. Basically Egg step in and pay the PPI part of the Claim thus indemnifying you from liability.

If youre not sure about how to proceed then i am concerned as we can only tell you so much, if you make an error you could end up with more harm than good being done.