Canada Square Egg PPI rejection

Palookaville

Hi there,
This morning I received a letter from Canada Square saying that they are unable to uphold my complaint and consider the matter closed as it was an online sales process.
One of the reasons being was that it required to positively confirm that I wished to purchase this during the online application.
Now I know that the tick box issue was going on at this point, however it will be extremely difficult to prove that I did not tick this box - I'm adamant I didn't.

However, looking at my credit card agreement from my SAR request, there is no mention of CRP or PPI being added to this account and my statements show no addition of this fee until 5 months after receiving the card.

I also had a loan with Egg to pay this card off, which in the agreement cheekily says that because I had CRP on the credit card it will be added to the loan!
I have not received any decision on that loan but I can only make the assumption that will be turned down merely because I supposedly had CRP on the credit card.

I mentioned this all on the forms I filled in but I did not provide any documentation as I believed they would look at the information they already have and see that.

Any advice on what to do now?
Thanks.

dunstonh

Now I know that the tick box issue was going on at this point, however it will be extremely difficult to prove that I did not tick this box - I'm adamant I didn't.

You say you didnt. They say they were not auto ticked and you had to select it. Do you have any evidence to support your view?

However, looking at my credit card agreement from my SAR request, there is no mention of CRP or PPI being added to this account and my statements show no addition of this fee until 5 months after receiving the card.

It doesnt appear on credit card agreements. That is why people are told not to waste time and money on getting credit card agreements. It will only appear on the statement once you start borrowing money outside the interest free period (ie. when you stop paying it in full each month).

Any advice on what to do now?

Clearly, you were not mis-sold. So, your whole complaint hangs on the pre-ticked box you claim. An allegation they refute. So, you need to provide evidence to back up your allegation (which almost doesnt exist) or you need to refer it to the FOS who will almost certainly know whether pre-ticked applied to Egg or not on the date of your application.

Palookaville

dunstonh wrote: »

It doesnt appear on credit card agreements. That is why people are told not to waste time and money on getting credit card agreements. It will only appear on the statement once you start borrowing money outside the interest free period (ie. when you stop paying it in full each month).


.

I wasn't paying in full from the time I got the card but thanks for the advice in the above quote as I was not aware of that.

-taff

If you paid off your card every month or didn't have an outstanding balance, there would be no PPI showing on the staements. If there was an outstanding balance for 5 months and then suddenly the PPI was added after that, it points to a phone sale of PPI. Egg were fined for phone sales of PPI between certain times. Google it and see if it applies to you.

Palookaville

Thanks for this info Taff, will have a look.
With regards to the tick boxes, we know they were guilty of it at some point but I just don't know when. I haven't been able to find out exactly when they were doing it but I didn't use this as an excuse on when I filled in the form.
Of course I cannot prove that I did not tick the box or it was already ticked and I had to opt out, so how can they prove they didn't pre tick the box if you get what I mean?

Palookaville

Nope this does not apply to me, my application for a credit card and loan was in 2001 and 2002.

-taff

credit cards were pre-ticked at the beginning when they sold them, so 1999 to 2001 ish...if you use the wayback internet machine, all the info on choosing to opt into the insurance comes in about 2003.
The loan would have been single premium so not good.
Forward them to the FOS. And you know they were fined for pre-ticking boxes and can't say for sure that was not the case when you applied for it depsite their denial.

Palookaville

I've written them a letter asking for proof that I ticked the box and that I am aware they used the practice of tick boxes. I expect I will be fobbed off again so I will then go to the FOS.

-taff

They don't have to prove they did, you have to prove they did because you are making the complaint.

Palookaville

How are you supposed to prove that even if you know they did and you can say that is what happened?
Your word against theirs surely?
Not much proof to that!

dunstonh

How are you supposed to prove that even if you know they did and you can say that is what happened?

How do they know whether you are making it up or not?

Your word against theirs surely?

And without evidence, the one making the allegation will usually lose.