Egg Banking Plc - PPI NOT PAID BACK IN FULL

nickybutch123

Hello there,
Before anyone asks - this is about a PPI refund which I NEVER GOT BACK from Egg Banking Plc since 2012 even though I was awarded this back in 2009. This is also part of an IVA claim.
In July 2006, I obtained an Egg loan of £ 8,901 of which Egg attached
£ 3,797.97 PPI to which was a MISS SOLD.
I could not afford payments to this loan and went into an IVA in March 2007 to pay it off. My IVA was finished in February 2012 and the loan debt from Egg were written off by the courts under the IVA rules. Egg AGREED with my IVA supervisors that the loan debt I owed them was £ 7,980.32 after being reduced by Egg from £ 12,517.29 down to £ 7,980.32 including the FULL REMOVAL OF MY PPI plus
£ 200 compensation which I was awarded by the FOS in 2011 and an EXTRA IVA payment made on my behalf by my IVA supervisors.

According to Egg, the loan debt was £ 10,235.32 and reduced down to £ 6,471.50 after receiving £ 3,763.82 in dividend payments from my IVA. The £ 7,980.32 was the amount BEFORE ANY DIVIDEND PAYMENT WERE MADE TO EGG.

The £ 2,020.01, £ 200 compensation and the £ 34.99 payment were NEVER DEDUCTED FROM MY LOAN DEBT even though Egg AGREED that they will reduce all payments in my IVA and my loan debt. They even INCREASED the loan debt from £ 7,980.32 to
£ 10,235.32 when they said that will not do so.

I complained to the FOS about this and they agreed with Egg even though Egg sent them FALSE INFORMATION including the STOLEN MONEY (due to the fact that the above mentioned amounts were left on the loan debt when Egg wrote it off on 7 March 2012 5 weeks after the courts wrote off the LEGAL LOAN DEBT).
Egg Banking Plc and the FOS have REFUSED to respond to any communication I make to them and they even refused to send me BY LAW my annual statements since April 2010 covering September 2009 until 1 March 2012 which I am entitled to receive under the Consumer Credit Act Sections 77A & 77B.
By keeping the £ 2,020.01 on my loan PRIOR to it being written off is counted as an UNFAIR TERM IN CONSUMER CONTRACTS REGULATIONS as my PPI policy was CANCELLED in 2009.

I have asked about this in another thread but I have been given RUBBISH ADVICE and from someone who does not understand the principles of what an IVA does.
Egg were going to pay my PPI into my IVA as a refund but ONLY
£ 2,281.97 out of £ 3,797.97 were deducted from my loan debt and the £ 504.01 interest attached to it was ONLY paid into my IVA and NOT reduced in my loan debt.

To clarify, the AGREED LOAN DEBT I HAD was £ 7,980.32
and was CLOSED & CLEARED by the courts on 1 February 2012.
According to Egg, the loan debt was £ 10,235.32 which included
£ 2,255 of STOLEN MONEY being £ 2,020.01 from my miss sold PPI and reduced it by £ 3,763.82 from my IVA on 7 March 2012 even though they AGREED that my debt was £ 7,980.32.

I had a Judicial Review done and I won the review ORDERING Egg to pay me the money back in full as a CHEQUE. They have refused to do this and said that I should complain to the FOS instead of them.

I desperately need this money to pay for a serious heart operation.
If I need to I have to get this money from a LOAN SHARK and I cannot afford the repayments and I do not want to go down that path anyway. I cannot afford to take them to court as it has been over a year since they legally stole my money. My IVA supervisors AGREED WITH ME AND DEMAND EGG TO PAY BACK MY MONEY AT ONCE.

Any advice would be great. I desparately need this money.
I will not use the FOS as they have refused to reply to any communication I make to them since July 2012.
Egg NEVER REPLIED to any of my communications since 2010.

nickybutch123
ncbutcher123@hotmail.co.uk

[Deleted User]

nickybutch123 wrote: »

I have asked about this in another thread but I have been given RUBBISH ADVICE and from someone who does not understand the principles of what an IVA does.

I recommend you go along to your CAB or your IVA supervisor and ask advice of them.

For your online security, I also suggest you remove your E-Mail address from your post.

This isn't a forum for making accusations about "false" information, "stolen" money and "unfair" contract terms.

nickybutch123 wrote: »

I will not use the FOS as they have refused to reply to any communication I make to them since July 2012.

I wonder why that might be?:D

_Andy_

Why THE repeated use of CAPITAL letters?

Prof_Ligate

As I understand any PPI refund is regarded as an asset and so will be paid into your IVA. It wouldn't get paid specifically against your EGG debt, it will also be used to pay the other debts in the IVA.

With an IVA, the repayments agreed at the beginning of the 5 year period can be varied so, for example, if you get a new job on a higher salary during the 5 years, you are likely to be told you can start paying higher monthly amounts to the IVA. This can sometimes means the entire debt gets written off and not just the 'reduced' amount the creditors all agreed you could pay off at the beginning.

Perhaps the bit you think you are still owed by EGG was used to pay off the other debts in the IVA? That is for your IVA supervisors to clarify as they run the IVA.

If after speaking to your IVA supervisor, you still think EGG owe you money then you really only have the small claims route (via Money Claim Online) open to you if EGG and FOS have closed the case.

[Deleted User]

Prof_Ligate wrote: »

If after speaking to your IVA supervisor, you still think EGG owe you money then you really only have the small claims route (via Money Claim Online) open to you if EGG and FOS have closed the case.

This is the "rubbish" advice (his words!) which the OP has already had in his other thread;
https://forums.moneysavingexpert.com/discussion/comment/60547245#Comment_60547245

He states there that he cannot afford to go to court.

nickybutch123

To make my points clear to you. CAPITALS were used to make my points clear for you to understand my situation.

My PPI was a MISS SOLD was removed from my loan debt in my IVA IN FULL plus interest plus £ 200 compensation in 2009 & 2011 under decisions issued by the Financial Ombudsman Service.

My loan debt with Egg CONTAINED the the PPI and ONLY part of it were reduced under the FOS decision and I was complaining about the remainder not being removed.
My IVA supervisor AGREES with me that Egg had committed THEFT due to this being kept on my loan debt PRIOR to being written off 5 weeks AFTER my IVA was completed.

Now any other Ideas then?
Egg owes me at least £ 2,020.01 from the miss sold PPI plus
£ 3,763.82 under the Consumer Credit Act for failing to provide me with my annual statements while in an IVA.

Any thoughts?

antrobus

nickybutch123 wrote: »

....I had a Judicial Review done and I won the review ORDERING Egg to pay me the money back in full as a CHEQUE. They have refused to do this and said that I should complain to the FOS instead of them.....

A Judicial Review would be a case involving the lawfullness of a decision reached by a public body, in this case the FOS. Whilst a Judicial Review might well conclude that a decision made by the FOS was wrong, I'm not so sure that they would have ordered Egg to do anything (since they are not a party to the case) and I doubt they would have specified the exact method of payment.

jellie

nickybutch123 wrote: »

To make my points clear to you. CAPITALS were used to make my points clear for you to understand my situation.

My PPI was a MISS SOLD was removed from my loan debt in my IVA IN FULL plus interest plus £ 200 compensation in 2009 & 2011 under decisions issued by the Financial Ombudsman Service.

My loan debt with Egg CONTAINED the the PPI and ONLY part of it were reduced under the FOS decision and I was complaining about the remainder not being removed.
My IVA supervisor AGREES with me that Egg had committed THEFT due to this being kept on my loan debt PRIOR to being written off 5 weeks AFTER my IVA was completed.

Now any other Ideas then?
Egg owes me at least £ 2,020.01 from the miss sold PPI plus
£ 3,763.82 under the Consumer Credit Act for failing to provide me with my annual statements while in an IVA.

Any thoughts?

Using capitals doesn't aid my understanding, it hinders it.

How much did Egg write off as a result of your IVA? If it was more than £2,020.01, then I really can't see how they owe you this money.

nickybutch123

Under my IVA which Egg reduced from £ 12,517.29 in 2007 to
£ 7,980.32 in September 2011. This included the FULL REMOVAL of my PPI being £ 3,797.97 plus £ 504.01, £ 200 compensation and £ 34.99 paid on my behalf by my IVA supervisors.
Egg ONLY reduced from the £ 12,517.29 claim £ 2,281.97 from my PPI and NOTHING ELSE.
I just want to know where is the £ 1516 from my MISS SOLD PPI which I was awarded back in 2009 as a REFUND plus £ 504.01 interest and in 2011 £ 200 compensation from a FOS decision and the £ 34.99 IVA payment ?

So, to answer your question the FULL REMOVAL OF MY PPI under my IVA and only £ 2,281.97 out of £ 3,797.97 of my PPI on my loan debt according to Egg.
I have NOT received this from Egg at any time or got paid from by my IVA supervisors.
I was told by the Independent Assessor at the FOS to go and have a Judicial Review and the result was WON by ME and Egg have been instructed by the courts to pay up.
I am so sorry about the capital letters.

I hope this is all clear to you.
Egg owes me the remainder of my PPI plus £ 3,763.82 due to the failure to provide me under my IVA my annual statements since April 2010.
The loan debt I had with Egg was written off being £ 4,216.50 under my IVA by the courts on 1 February. SO by the time Egg wrote off a different debt being £ 6,471.50 on 7 March 2012. the LOAN DEBT WAS CLOSED & CLEARED. Now is this clear to you?

[Deleted User]

On your other thread, you state that your MP is already working on your case. As stated (now repeatedly) there is nothing anyone on this forum can do to further help you. If FOS have declined your case nothing short of court action will suffice in taking you any further.

And do please remove your E-Mail address from your earlier post, for your own online security.
You'll just be spammed by Claims Companies who just want to charge you but cannot help you.