Egg PPI Claim

emma_1312

I know from reading on here that Egg can be difficult but I sent them the first letter with my cheque for £1 and I got the following back and am not sure what is my best course of action now.

Thank you for your recent request for an executed copy of the credit agreement for account number **** with Egg Banking plc 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 plc ended with the closure of the account.
Section 78 (3) of the consumer credit act states that secion 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of the act, which is entitled 'Matters arising during currency of credit or hire agreements'; so where an agreement is no longer current the right to request or be provided with a copy of the executed agreement therefore ceases.
We are therefore returning the £1 payment you have sent in relation to this request.

Can anyone advise me what to do next please, I would actually like to try for charges and ppi from them as I know there will have been both! Do I do them 1 at a time or shall I do both together?
I never actually closed the account, although I paid the balance off in 2008, I am still able to log onto the internet site but just with no accounts showing.

Thanks

di3004

emma_1312 wrote: »

I know from reading on here that Egg can be difficult but I sent them the first letter with my cheque for £1 and I got the following back and am not sure what is my best course of action now.

Thank you for your recent request for an executed copy of the credit agreement for account number **** with Egg Banking plc 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 plc ended with the closure of the account.
Section 78 (3) of the consumer credit act states that secion 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.
We are therefore returning the £1 payment you have sent in relation to this request.

Can anyone advise me what to do next please, I would actually like to try for charges and ppi from them as I know there will have been both! Do I do them 1 at a time or shall I do both together?
I never actually closed the account, although I paid the balance off in 2008, I am still able to log onto the internet site but just with no accounts showing.

Thanks

Hi there

It makes no difference, you do not essentially need the agreement to make a reclaim, it is just handy if you didnt know if you were paying ppi or not.

You can still continue to make a reclaim without the agreement by completing the reclaim questionnaire below, issued by the Financial ombudsman service (FOS) for customers to complete to send to the business who mis sold the ppi, remember to keep a copy.

Good luck.

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

emma_1312

Thanks Dizzy Di, I'll give it a try!

I was just a bit foxed by all the jargon in the letter, I didn't have any account details or anything when I wrote to them so at least they have given me that!

farmer1971

Egg don't have to provide the CCA if the account is closed. You will have to request a SAR (Subject Access Request). This will cost you £10. Egg will provide all the information they hold on you including all account statements, screen shots and even the consumer credit agreement.You don't even need your account number but it will help. Just send the attached template below (filling in the blanks) along with a cheque or postal order. Egg will have to comply within 40 days so ensure you send it recorded delivery.

Good luck.


Customer Relations Office
Egg
PO Box 9366,
Derby,
DE99 3AL


SUBJECT ACCESS REQUEST UNDER THE DATA PROTECTION ACT
Egg card reference: XXXX XXXX XXXX XXXX
YOUR NAME HERE D.O.B DATE OF BIRTH HERE

Dear Sir/ Madam

Please supply me with a copy of all information your company hold on me regarding the Egg credit card account as above opened in my name including a list of payments to and from the account.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and I am entitled to under section 7(1) of the Act.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me or collected monies to which you were not entitled, then I shall be reclaiming them and also the enclosed £10 Data Protection Act subject access request fee.


Yours sincerely

jo22_2

Our account was closed a few years ago too but I wrote and sent the £10 fee and got copies of every single statement. I didn't even have the account number any more. They could find the info from our address details. I've just sent my application off to get the CRP back. It's only about £250 because it mysteriously stopped without my having cancelled it.

jellynose

Same thing here jo22. I got my statements via a SAR request and I stopped paying payment protection in March 2005, even though I didn't request to stop paying it. It seems that I mysteriously stopped without my having cancelled it also ?????

I have to add also that up until I got my statements I wasn't aware that I even had PPI on my credit card.

jo22_2

Jellynose - it seems then that perhaps they knew early on that it was unethical to apply it and tried to cancel it without folks realising. Under the carpet so to speak without making a fuss.

Yeah we didn't realise we were paying it either (and to be honest we weren't very 'money savvy' back then and would have simply assumed it was something that was meant to be on there.) We're older and wiser now. LOL

jellynose

jo22 wrote: »

Yeah we didn't realise we were paying it either (and to be honest we weren't very 'money savvy' back then and would have simply assumed it was something that was meant to be on there.) We're older and wiser now. LOL

LOL its as if I could have written what you said. We were not money savvy either then and reading the balance on the statements would make your eyes water. I had the egg card since 1999 and counting up what I paid in PPI before interest is added is over £2,200.

Good luck with your claim to egg, let me know how you get on. It would be interesting to see how this plays out for us.

I have sent you a PM

jo22_2

Thanks for the PM. Have replied!

Ours was only about £250 but it only appeared on our statements for about 18 months. We'll wait and see what the outcome it! :undecided

emma_1312

Thanks guys am sending the SAR off tomorrow so will keep you posted.

Happiflower

Hi i received a letter from Egg last week about a loan i took out in 2006. I have found the original paperwork which included details of the PPI premium which was simply added to the loan amount without explanation. The letter from EGG indicates that I may have been misold and includes a claim form for the ombudsman which they say I should complete and return to them. My issue is i have not paid the loan off the balnce is included in debt mangagement plan . can i still claim . does anyone have experience of success while in DMP. Has anyone else had contact from EGG in this way.