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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.
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.
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