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OLD Egg loan agreement with PPI letter from wilkin chapman solicitors


horsemad1
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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)

 

this debt dropped off my credit file some months ago,

 

my theory was that it is now Statute barred,

 

I have never acknowledged this debt or made any payments for years,

it was passed from one DCA to another in the beginning,

but has been quiet for at least 3 years until

out of the blue Britannica/Arrow Global stared chasing.

 

I then got a letter from Wilkin Chapman Solicitors in September 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?

 

Wilkin Chapman have asked to respond within 7 days so any advice on how to proceed would be greatly appreciated. Thanks.

Edited by horsemad1
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can you PDF your attachments please

 

there are instances whereby the PPI must be separately listed

however, I wouldn't look at that route.

 

you need to SPECIFICALLY ask WCS for PROOF of the payment

 

who by

where

what method.

when.

 

as for the PPI

time to get reclaiming!

 

have you got all the statements.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi thanks for this, but if the debt is statute barred or soon to be, if I start reclaiming am I not then acknowledging the debt?

 

No I don't have all the statements which is why i can't say for certain when the last payment was made the statement wcs has sent me is from 2011. I got into financial difficulties in 2007 so with it coming off cra`s a couple of months ago, I took it last payment would have been around that time?

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You must insist that proof of the alleged payment is provided.

 

Have they stated in writing that it cannot be proved?

 

Try this to Wilkin Chapman

 

Sir/Madam,

 

I refer to your letter dated xx.xx.xxxx., in reply to my notification that the alleged debt for £xxxx.xx originating from an account with xxxxxxxxxx.

 

Wilkin Chapman claim that a payment of £xx.xx was made on xx.xx.xxxx but has failed to provide any proof that any such payment was made by me, therefore unless unequivocal proof of any such payment is provided I do not acknowledge any liability to your client.

 

I consider that the alleged debt is statute barred and I will Not make any payment or offer of payment in regard to the alleged debt.

 

The onus of providing unequivocal proof that the alleged debt is not statute barred falls entirely upon your client I do not have to prove otherwise.

 

Unless Wilkin Chapman provide the information required with in 7 days of the date hereon I will consider the matter closed and no further correspondence will be entered into.

 

Recorded/signed for post is best.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No they haven't stated they can't just that they would but haven't.

 

Brilliant reply thank you.

 

I'll fire it off tomorrow & see how that go's.

 

In meantime I'll try & enlarge my agreement & post back up.

 

Thanks again

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  • 4 months later...

Hi again been a while but

 

Wilkin Chapman have come back to say they are unable to provide who payment was made by,

where or how

 

but have provided a copy of what they say is an Egg statement showing last payment made Dec 08,

 

it is not on Egg letterhead.

 

What should be my reply please?

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can you please PDF the agreement

ppi does not make it un-en.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

that's an agreement [looks ok to me]

doesn't mean its not statute barred mind!!

 

you are going to have to either ignore them

or

get an sar off o EGG at their canadian square address and get all the statements direct from them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok since scanning these up have had a letter of assignment from Arrow Global

and a letter fro Wilkin Chapmans today saying they will accept 25% reduced settlement figure or Court.

 

As Ive only got 8 months to go before its statute barred,

 

what should I do ?

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doesn't say will i'm sure

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for reply.

 

Ha no it doesn't your right!!

 

It says they will advise their client to proceed with county court proceedings....

. It's just odd that no one has chased this in years & now all of a sudden they are on my case.

 

Should I ignore it then or sar egg?

 

Just noticed that they appear to be issuing court summons on old egg loans out of the blue on other threads,

so want to try & stall them for 7 months if poss!!

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yes sar Canadian square

 

how much are these fleecers after

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Nearly £7k but with 25% off I suppose its £5.5k.

 

Just thought there was an issue with the enforceability of the agreement

and thats why no-one has pushed it till now.

 

Again, I dont know whether its scare tactics or they really will take court action.

 

Is it worth sending them a letter saying Im SAR -ing EGG so it may stall them?

 

While Im thinking about it Im not actually sure I recieved an assingment ltter form EGG

telling me its been asigned to them, might it be worth asking them for this also?

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Brittanica have become more litigious of late and for a debt this size could well start a claim which will restart the SB clock the day it is issued. Wilkin C. an are more likely to push for litigation.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Which is my worry.

 

Im wondering what I should do or say that will stall them for a while.

 

Im not convinced the statements theyve provided are real,

 

I know an SAR would reveal this.

 

What do you think my plan of attack should be then please?

 

I guess I need to respond to the letter theyve sent threatening Court action,

otherwise they'll think Im ignoring them ...

 

... Any ideas of what my response should be please?

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SAR then and tell WC that you cannot comment further until the data is provided.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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