Egg add insult to injury

jwturpin

Hello all

The FOS made a final decision in my favour to receive:

all PPI back from my Egg Card
+ contractual interest
+ 8% interest
+ £200 comp.

I received a cheque in the post today minus the £200 comp!

I've notified the FOS of what I'm sure is an 'oversight' on Egg's part, but is it up to them to sort, or between me and Egg??

Thanks

J

di3004

Hiya

first of all well done on your success.:beer:

With one of ours, different bank, they sent the extra compo separately, I would question them on this though if not received, good luck.
Contact,email the Chief Executive officer (CEO) if you have to.

roonaldo

Unfortunetley the firm do not have to pay it, FOS recommend it but it is not enforceable.

jessie15

roonaldo wrote: »

Unfortunetley the firm do not have to pay it, FOS recommend it but it is not enforceable.

Is this really true?

src007

Did the adjudicator find and your favour or did it go all the way to a head Ombudsman?

If it was an Ombudsman's final decision it will be legally binding.

This means that the lender doesn't have a choice about what they refund and if they refuse to follow the Ombudsman, you can enforce the decision it in court.

Alternatively, if the Egg agreed to issue a refund before it got to an Ombudsman you would have signed in settlement and Egg will be bound by the terms of the agreement you signed.

Mistakes do happen from time to time in any company, however it does seem poor, that they missed part of the payment! Its probably best if you question Egg about this, it could be that the extra amount is coming or there is a mis-understanding about the figures.

kpwll

jessie15 wrote: »

Is this really true?

LTSB told me that they wouldn't be paying out the £200 compensation because, although they were paying out the CC PPI and interest, they still did not agree that it was missold (although 3 adjudicators found that it was).
I phoned the FOS adjudicator I had been dealing with and he told me that he would send them an email regarding this and if they didn't pay out it would go to the Ombudsman for a ruling.
Following an email from the adjudicator to LTSB, I received a phone call from Lloyds asking me how I wanted the £200 paid.

Take it all the way and good luck

jwturpin

My claim with Egg/FOS has been underway for 2 years nearly.
Egg refused the final FOS recommendation, and it went to head adjudicator.
The FOS were poised to issue a final decision, when my adjudicator left the FOS for pastures green.
A new adjudicator took over and contacted Egg again ( as there was a 6 month gap between each adjudicator handling the case), and just before the FOS ruled in my favour, Egg caved and agreed to what I mentioned above.
I signed an acceptance agreement which was drafted out by the FOS confirming I accepted:
* all PPI back
*refund of contractual interest
*8% simple interest
*£200 comp.

This agreement was sent to Egg by the FOS. Egg then sent the cheque, minus the comp.

I've been in contact with FOS, and they are contacting Egg to find out what they're playing at, which is all very well and good, I just wondered what Egg's obligation is. If they hadn't made the offer, then the FOS were literally ready to make a final decision in my favour.

J

src007

As long as it said £200 for distress and inconvenience on the letter that FOS drafted then Egg have to pay you that amount.

You've signed up to the terms in the FOS letter and so there's no way that Egg can depart from that.

You may want to double check that the £200 was actually included in the offer? (Egg may have said to the FOS before the offer letter was drafted, that they'll refund all the PPI except the £200?).

jwturpin

the £200 was definitely listed as being for "distress and inconvenience". It was on the agreement the FOS drafted for me. I have a copy of the form as I suspected there may be problems. Nothing's ever straight forward!!

J

the_knitting_drummer

jwturpin wrote: »

the £200 was definitely listed as being for "distress and inconvenience". It was on the agreement the FOS drafted for me. I have a copy of the form as I suspected there may be problems. Nothing's ever straight forward!!

J

If the FOS have recommended Egg pay you distress and inconvenience, and Egg agreed to the recommendation, and you agreed to their agreement, then I think we can all agree that Egg will have to pay you.

Let us know what the FOS come back with.

src007

Could the £200 have been lumped in with the payment that you've already recieved?

You're entitled to a breakdown of the refund figures, so Egg either have to -
1) Make it clear that you've already recieved the £200, or
2) Pay you the extra £200

You've almost got to the finish with this now, so keep going to the end to make sure they get it right!