PPI the story so far...help needed please

mawgan

I believe I was sold miss-sold PPI on a top up loan I took out in January 2003 and would like some help on the way forward.
I was unsure of the dates and so I wrote to EGG via secure email asking for the account numbers and the original terms and conditions of the agreement of a loan I completed in February 2009. They wrote back .

After checking our systems I can see that there are two Loan listed for you as below:
Egg Loan account ******** was opened on 20 December 2000 this Loan was then topped up with Loan account ******** on 31 January 2003.
As your Egg Loans have been repaid and is closed we aren't able to provide the loan agreement on your Egg Loans as there is no legal requirement to do so now that your Egg Loans have been fully repaid.
The next step was to send an email to EGG as follows

I am writing to request a copy of the credit agreement for the above account under sections 77−79 of the Consumer Credit Act 1974. I would also like to request a copy of the terms and conditions that were applicable to the above account at the time I took out my agreement 31st. January in 2003, as I no longer have a copy and would like to check some of the details


Their reply was


To obtain a copy of your original Egg Loan credit agreement you'll need to write to: Data Request Team, Transaction Services, ***, ****, ***.
Please enclose a cheque fo £1 payable to Egg Plc. Ensure that your Egg Loan account number is on the back of the cheque.
You'll receive the copy of the credit agreement within 12 working days of us receiving your letter


This I duly did and their reply was.

Thank you for your recent request for an executed copy of credit agreement for account number ******** with Egg Banking plc under section 77 (1) of the Consumer Credit Act 1974.
As the account you refer to is now closed I have to inform you that Egg are under no obligation to comply with a request for a copy of the executed agreement under the Consumer Credit Act as we no longer have a contractual relationship relating to this account.
The right to be provided with this information from Egg Banking plc ended with the closure of the account.
Section 77 (3) (a) of the Consumer Credit Act states that section 77 (1) does not apply where ‘no sum is, or may become, payable by the debtor.’ The right to request an executed copy of an agreement is found in Part VI of the Act, which is entitled ‘Matters arising during currency of credit or hire agreements’; so were an agreement is no longer current the right to request or be provided with a copy of the executed agreement therefore ceases.
We are therefore returning the £1 payment you have sent in relation to this request
.
What is my next step, would it be a Sar letter? I have seen on other forums that Egg have refused even with a Sar

Any help would be greatly appreciated (hope you can understand my wafflings)
Mawgan.

di3004

Hi there & welcome

Unfortunately if the accounts are closed they may not longer provide these actual details.
However, a SAR will hold details for the last 6 years at least sometimes even longer.
You can do this if you want to, template letter below if required.
https://forums.moneysavingexpert.com/discussion/1475553

You can though still continue with your complaint without the need of a SAR if you want to, as long as you know for sure you were sold ppi and mis sold, not everyone requests for data/SAR.

Follow the details below, step 3 the reclaim questionnaire, good luck.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#step3

If mis sold for the same reasons then one questionnaire should be sufficient, ensure you enclose both account numbers that apply, or otherwise if you prefer complete separately.
Hope this helps.

mawgan

Thanks for the info, will carry on without the SAR and keep you posted