Egg C/Card Agreement problem - 1st Hurdle!

lfuller58

Hi, new to posting on the forums and wanted some advice.

I recently asked Egg for copy of credit agreements for an Egg Card & an Egg Loan.

Their reply for the card is as below:

'Thank you for your recent request for an executed copy of the credit agreement for account number .... with Egg Banking pic under section 78 (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; nor are we seeking to enforce any agreement on the account.

The right to be provided with this information from Egg Banking pic ended with the closure of the account.

Section 78 (3) (a) of the Consumer Credit Act states that section 78 (1) does not apply where 'no sum is, or will 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of the Act, which is entitled 'Matters arising during currency of credit or hire agreements'; so where an agreement is no longer current the right to request or be provided with a copy of the executed agreement therefore ceases.'

What actually happened was that the Egg Credit Card account was closed, and balance was added to my existing Egg loan back in 2007 due to financial difficulties at the time. There was definitely PPI on Egg card during all the time i had it.

Do i have a case regarding this card? Egg have not replied regarding the loan as yet, which is still current.

Thanks.

di3004

lfuller58 wrote: »

Hi, new to posting on the forums and wanted some advice.

I recently asked Egg for copy of credit agreements for an Egg Card & an Egg Loan.

Their reply for the card is as below:

'Thank you for your recent request for an executed copy of the credit agreement for account number .... with Egg Banking pic under section 78 (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; nor are we seeking to enforce any agreement on the account.

The right to be provided with this information from Egg Banking pic ended with the closure of the account.

Section 78 (3) (a) of the Consumer Credit Act states that section 78 (1) does not apply where 'no sum is, or will 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 where an agreement is no longer current the right to request or be provided with a copy of the executed agreement therefore ceases.'

What actually happened was that the Egg Credit Card account was closed, and balance was added to my existing Egg loan back in 2007 due to financial difficulties at the time. There was definitely PPI on Egg card during all the time i had it.

Do i have a case regarding this card? Egg have not replied regarding the loan as yet, which is still current.

Thanks.

Hi and welcome

That sounds about right if the account is no longer active, but if you requested for a full Subject access request (SAR) they must comply to that, but there is a charge of £10 cheque or postal order you must enclose, they have 40 calendar days, however they only mainly go back to at least the last 6 years, some companies will still hold data longer and will enclose this if they still have them on files/microfiche etc.

There is a full SAR template letter below if you want to do this, or if you still have the account number, you do not actually need the paperwork, you can still make a reclaim.
Many have and have still been successful without the need of the paperwork, hope this helps and good luck.
Details on how to reclaim below as well.

https://forums.moneysavingexpert.com/discussion/1475553

http://www.moneysavingexpert.com/reclaim/ppi-credit-card-insurance

http://www.moneysavingexpert.com/reclaim/ppi-credit-card-insurance#step3

Derwent

I wouldn't bother with a SAR with Egg. I submitted my complaint to them using the FOS questionnaire without knowing my account number and they did the rest. I just put my previous addresses on the last page of the questionnaire which allowed them to trace the account.

AndrewJH

Good morning all.

Just to say i have the same situation with Egg. They sent me the exact same letter (albeit 3 copies of it. One per account i had with them!) and am kind of wondering what to do about it now. I am thinking along the lines of what you said Derwent but to be honest i can't remember which account i had PPI on (if not all 3 as i suspect i did) so don't know exactly what to put in the questionnaire.

Would you suggest just sending off the PPI form to egg and 'chancing' it or would it be a better approach to still chase them about the SAR and get the full details back?

Just going to take this opportunity to thank everyone for their input on this forum as it has provided an immensely important resource for me in the past

di3004

Hi there

Many have not bothered with the SAR, its up to you of course, but you can try chancing it if you want to without the paperwork, many have still been successful.

Can you remember how you applied for it? was it online?

If online, it would have been an opt out where it was already pre-ticked, so you would have to untick the box if you didn't want the PPI, however its been known the application does not allow you to go any further if you untick the ppi.

Just thought I should mention this, as it seems to have been the case for many who purchased the account online, good luck.

AndrewJH

Hi there Di

I am pretty sure (in fact about 95% sure) that all of the accounts (2 loans and 1 credit card) were applied for online ranging from Feb 2005 to June 2007. To be honest i am pretty sure that the boxes were opt out options on application forms but i was unsure if i needed to perform the SAR to kind of confirm this first.

Would you say it may be a better course of action to send off a questionnaire for each of these accounts using the pre-ticked box as a primary reason for misselling and just run with that? At this moment in time i'm thinking that may be the better option.

Appreciate your help thank you.

A

moosetastic

From my experience with Egg, I would just say send the form. I didn't have my account number or cc number, had very basic reasons why I was claiming the PPI back, sent it and in less than 2 weeks got a cheque back. Good luck x

AndrewJH

Ok sounds good i shall give that a go then! I'll get the three forms filled out tonight and send them out tomorrow see if i have any joy with them!

Thanks for the advice. Appreciated