Egg 1999 Application

mrstinkyweasle2

Hello there!

I don't know if this will help anyone, but I have made a PPI claim for my Egg card taken back in 1999. It was only in 2006 that I cancelled the PPI having assumed this was a requirement to have the card - it was only when a colleague told me that this wasn't the case that I realised I could cancel it. Checking through all my old documents, I stumbled on a document where I had copied and pasted the screen during my online application - below with zeroes figures for privacy.

My question: Should the PPI be mentioned in the conditions below? I don't remember selecting it or even being aware of it's relevance. I obviously saw the payments on my statements but assumed that they were a condition of the card, especially as there doesnt even appear to be a box to select/de-select on the application.

Income Details
Gross Annual Salary
£ 000.00
Monthly Take-home Salary
£ 00.00
Other Monthly Net Income
£ 0.00
Total Net Monthly Income
£ 0.00




Monthly Expenditure / Your share of household outgoings
Rent / Mortgage
£ 0.00
Utilities
(e.g. gas/water/electricity/oil)
£ 0.00
Credit Card Payments
£ 0.00
Loan Repayments
£ 0.00
Other Commitments
£ 0.00
Total
£ 0.00


How many of each of the following cards do you hold?

Visa

MasterCard

American Express

Store Cards

Debit Cards (e.g. Switch, Delta)

If you do not want a PIN (personal identification number) please tell us here:

No I do not want a PIN

If you do not have a PIN you will not be able to withdraw cash from ATM machines and you may experience problems in certain retailers that require your PIN to authorise a transaction

Getting your decision
Thank you for suppling us with all the information that we require. Please check all information on your application and read the Egg Card Conditions and Paperless Dealing Agreement below. The Paperless Dealing Agreement will take effect from when you apply. Copies of the Egg Card terms and conditions as well as our Internet and Telephone terms and conditions will be sent to you.
Once you proceed, we will access your details to provide you with a decision. We will use the information you provide to carry out a credit search with a credit reference agency, who will maintain a record of any such enquiry and in credit scoring to assist with our decision.
To apply for an Egg Card please click on proceed now.


This is then the conditions:



Credit Agreement regulated by the Consumer Credit Act 1974
Conditions
(REFERRED TO ON THE BACK OF THE EGG CARD AS PRUDENTIAL BANKING PLC VISA CONDITIONS OF USE)
1. Introduction






1.1 This Agreement sets out what we will do for you and what you must do for us in relation to the Egg Card. It is contained in:

• these Card conditions; and
• the Agreement form signed by you.

1.2 So that we can provide services designed specially for you, we will gather and review all the information which:

• you give to us, to other Egg companies and to Linked Suppliers;
• or which we, other Egg companies and Linked Suppliers obtain about you personally under or in connection with this Agreement and any other accounts you have with us.

This is to help us develop and maintain an up-to-date picture of you as an individual, which we and other Egg companies can use to keep you informed about other products and services (including those supplied by third parties) which we or they think might interest you. Please tell us if you prefer not to receive information about other products or services or you do not want other Egg companies to be given your Personal Information.
1.3 In this Agreement:
Account means the account we open in your name.
Additional Cardholder means a person you have asked us to give a Card to so that they can use the Account.
this Agreement means the Egg Card Agreement and these conditions as varied by us from time to time.
Approved Limit means the limit we set from time to time on the amount you can borrow from us on the Account.
Balance means the amount you owe us on the Account.
Card means any Egg Card we give you or an Additional Cardholder which is linked to the Account.
Cash Advance means obtaining cash, foreign currency or travellers cheques using a Card or the Card number.
Cashback is a cash payment which we give you under condition 6 as a reward for using the Card for Purchases.
Charges means the interest and charges payable by you as set out in conditions 4 and 17.
Existing Egg Customer means (a) an Egg Card holder who has an Egg savings account (or another eligible Egg product) and had that account (or product) before applying for a Card and (b) anyone who is permanently employed by Prudential Banking plc.
Individual Limit means the limit on the amount you can borrow from us on the Account at any time. This will either be the Approved Limit or a lower limit you choose from time to time.
Linked Supplier means a person or company which provides additional benefits or services to you under an arrangement with us.
Payment means any payment you tell us to make by direct bank transfer or other available method from the Account for, or to the account of, any other person in the UK.
Payment Date means the day (except Saturdays, Sundays and public holidays) which is 14 days after your monthly statement date.
Personal Information means the information described in condition 1.2.
PIN means your personal identification number.
Purchase means a purchase of goods or services using the Card or the Card number.
Revolving Balance means the Balance excluding any Transferred Balances on which interest is charged at an initial reduced rate.
Secure Area means that part of our operation which can only be accessed on the Egg website or by telephone by Egg customers who have been through our security checks.
Statement Total means the total amount you owe us on the Account on each statement date.
Transaction means any Purchase or Payment made or Cash Advance taken by you or an Additional Cardholder.
Transferred Balance means the amount you owe us on any sum you transferred to us under condition 2.4.
UK means England, Wales, Scotland and Northern Ireland.
We,us,our - means Egg a division of Prudential Banking plc and any business or other person we transfer any or all our rights and responsibilities to under this Agreement.
you, your - the person who signed the Egg Card Agreement.
2. Use
2.1 We will send a Card to you and any Additional Cardholder as soon as we have opened your Account and will renew it from time to time with the same type of card or replace it with a different type of card which you then qualify for and which is covered by this Agreement. Cards belong to us. We can ask you to give them back or ask others to return them to us at any time.
2.2 You must not go over the Individual Limit. To decide whether you have gone over the Individual Limit we can take into account the amount of any Transaction we have authorised even if it has not yet been charged to the Account.
2.3 We will convert all Transactions in other currencies into sterling. The exchange rate used may differ from the rate when the Transaction was made as exchange rates vary on a daily basis. We charge a 2% commission on all Transactions which have to be converted into sterling.
2.4 You can ask us at any time to pay off an amount you owe to another UK lender and transfer it to the Account, as long as the amount transferred would not make you go over the Individual Limit and is £200 or more.
3. Limit
We will tell you from time to time the Approved Limit we have set and, if different, the Individual Limit which you have chosen for the Account.
4. Interest and Credit Charges






4.1 We will charge interest

• on Transferred Balances put on the Account within the first six months after it is opened, at a monthly rate of 0.371%, 4.5% APR fixed for six months after the balance is transferred to your Account; and otherwise
• at a monthly rate of 0.793%, 9.9% APR.

4.2 Unless you are an Existing Egg Customer, we charge a handling fee of 1.25% of the amount of each Cash Advance (minimum fee £2.00). The APR for Cash Advances is 12.2%.
In working out APRs, we have ignored any changes we may make to the interest rates, handling fees or any other charges which we introduce or vary at any time by giving you notice under condition 12.
5. Repayments






5.1 Each month you must pay by direct debit at least the minimum payment given in your statement. The minimum payment will be:

• the full Revolving Balance if it is less than £5, but otherwise the greater of 3% of the Revolving Balance and £5;

Plus for each Transferred Balance;

• the full amount of the Transferred Balance if it is less than £5, but otherwise the greater of 3% of the Transferred Balance and £5.

We will collect the amount you tell us you want to repay so that it is paid into the Account on the Payment Date.






5.2 If you pay the Statement Total on or before the Payment Date we will not charge interest:

• on any Purchases listed in your last statement; and
• between the last statement date and the Payment Date on all other amounts making up the Balance.

Otherwise we will work out interest on the Balance on a daily basis at the relevant rate set out in condition 4 from the date each Transaction, Charge and Transferred Balance was put on the Account.
5.3 We may allow you occasional payment holidays. If we do this, we will still charge interest as if a payment was due during the payment holiday.






5.4 If you do not pay the Statement Total on the Payment Date, we will apply the amount you do pay:

• first to meet the minimum payment needed under condition 5.1;
• second against the Revolving Balance (including any Transferred Balances which are more than six months old) and
• finally against other Transferred Balances (in the order that they were put on the Account).

6. Cashback
6.1 We will pay a cashback on all Purchases. Cashback values may vary according to the type of Purchase and how it is made. We will set cashback values once a year and we will tell you what they are when we set them and when we open the Account. We will not change cashback values during the year but we can add to the type of Purchase on which cashbacks are payable.
6.2 Cashbacks you earn each month will be shown in your statement and the total value paid into the Account in September each year (beginning in September 2000) or when you close the Account (if the cashback earned is over £5).






6.3 If:

• you do not keep up to date with your payments; or
• either of us has given notice to end this Agreement; or
• you go over the Individual Limit in any month;

you may not earn any cashback for that month; and if

• you do not pay the minimum payment in any month; or
• you are given a refund for a Purchase on which we paid a cashback

we can deduct the cashbacks we gave you that month or on the refunded Purchase.
7. Security






7.1 You must always:

• make sure that all Cards are signed immediately when received; and
• do all that you reasonably can to keep the Card safe and the PIN secret at all times; and
• tell us as soon as reasonably possible if the Card is lost or stolen or you think that it or the Card number may be misused, or that someone may know the PIN or your statement includes an item which you think is wrong; and
• give us all the information you have about the loss etc. of a Card, Card number or the PIN, and any other information we ask for to help us. We may give the police any information we think will be useful.

7.2 You must never:

• allow anyone else to use the Card or the Card number;
• tell anyone apart from an Additional Cardholder your PIN (including us);
• write your PIN on the Card or on anything you usually keep with it. (If you do keep a written record of your PIN you must make a reasonable attempt to disguise it);
• give the Card number to a third party, except for a Transaction, or to report the loss etc. of the Card or if we ask you to do so;
• use Cards (or the Card number) which you have reported as lost etc. You must cut them in more than two pieces and throw them away.

7.3 You must tell us about the loss etc of a Card by telephoning on 01268 298807 or e-mail us at (blanked to allow post!). We may ask you to confirm by letter within seven days any relevant information. You must follow conditions 7.1 and 7.2, but you will not be liable for Transactions if the Card is lost or stolen or if the Card is misused before you receive it. If you or an Additional Cardholder allow someone to have a Card or the Card Number, you will be responsible for all use of that Card before you tell us that it may have been misused.
8. Additional Cardholders
You will be responsible for all use of the Account by an Additional Cardholder (including any use which makes you break this Agreement) and for ensuring that the Additional Cardholder follows condition 7 and any other instructions we give you about Card security and giving information to us. You understand that we cannot control how Additional Cardholders use the Account and that you must cut in more than two pieces and throw away an Additional Cardholder's Card if you want us to cancel it.
9. Statements
We will put your statements on the Secure Area once a month and send you an e-mail to tell you it is there. This will show the payments you have made, any Card refunds and all amounts we have put onto the Account since the last statement. If we cannot produce a statement we will use your normal monthly statement date to work out interest and the Payment Date.
10. Limits of liability






We will not be liable:

• if we are prevented from doing anything we have said we will do under this Agreement because of anything that we cannot reasonably control, including any machine failing to work and industrial disputes;
• if we do not authorise a Transaction or a Card cannot be used for a Transaction for any reason;
• for any loss or damage you or any Additional Cardholder suffer as a result of the way you are told that a Transaction is not authorised.

11. Refunds and Claims
If we receive details of a Card refund from a retailer we will credit the Account but we will not give refunds otherwise. You cannot use a claim against a retailer to make a claim against us, or refuse to pay us, unless you have a legal right to do so. You cannot transfer any rights against us to anyone else.
12. Changes






12.1 We can change this Agreement to make it fairer to you or more easily understandable, or to correct a mistake (provided that this correction would not adversely affect you), or to cover a development in, or the introduction of, new services and new ways in which you can use the Card. We may also at any time add a Card fee and vary the Charges and interest rates for any of the following reasons:

• to reflect a change in market conditions or banking practice or the overall cost of providing our services to our customers;
• to reflect a change in the law or any code of practice (or the way in which they are applied);
• to reflect a change in technology, to cover an improvement or change in our services or in the facilities that we provide;
• to ensure the good management or competitiveness of our business;
• for any other valid reason.

12.2 Apart from changes in the interest rate which may apply immediately we will give you at least 30 days prior notice of any change or addition to this Agreement. We will tell you about any changes, by:

• putting messages on your monthly statement; or
• sending you an e-mail or separate written notice; or
• by advertising on our web site or in the press.

We will confirm interest rate changes within 30 days by sending you an e-mail.
12.3 We may withdraw or vary services or benefits we give you with the Card at any time without giving you notice.
12.4 If you change your name, address, telephone number, e-mail address or the bank account from which we collect your monthly payment, you must give us the new details.
13 Limiting use of the Account






We may, without warning and without ending this Agreement:

• refuse to authorise a Transaction; or
• cancel or suspend the right to use the Account; or
• refuse to replace a Card.

But we will only do this if it is reasonably necessary to do so.
14. Early Payment






14.1 We will ask you to make an immediate payment of:

• any overdue amounts;
• any amount over your Individual Limit; and
• the amount of any Transaction which breaks this Agreement.

14.2 As long as we follow the correct legal requirements, we can ask you to pay the full amount which you owe us under this Agreement if you:

• repeatedly fail to comply with your obligations;
• die; or
• become bankrupt, or an application for an interim order is made against you under section 253 of the Insolvency Act 1986.

(cont next post due to size)

mrstinkyweasle2

(terms cont.)

15. Ending this Agreement

15.1 We can end this Agreement by giving you not less than 30 days notice by post or e-mail. If there are exceptional circumstances we can end it without advance notice. You can end it at any time by telling us to do so by post or e-mail. In both cases the Agreement will continue until you have repaid all amounts you owe us and have cut in more than two pieces and thrown away all the Cards we gave to you or an Additional Cardholder.
15.2 Any benefit or services we provide will end when you give us notice or when our notice is effective unless the terms of the particular benefit or service state otherwise.
16 Use and disclosure of Personal Information

16.1 We may use your Personal Information and disclose it to other Egg companies for them to use:

• for assessment and statistical analysis for our or their business;
• for the purposes set out in condition 1.2 (Egg companies will only do this if you have agreed that they can);
• and for considering any application you may make to us or them.

16.2 We and other Egg companies may disclose your Personal Information:

• to credit references agencies, including full information about the Account;
• to fraud prevention agencies or registers so that it may be made available to other lenders, card issuers and insurers to help prevent fraud or trace debtors;
• to our insurers, sub-contractors and persons acting as our agents who have agreed to keep your Personal Information strictly confidential;
• to Linked Suppliers to the extent that they need your Personal Information to provide additional benefits or services to you;
• with your consent;
• if we are required or permitted to do so by law; and
• subject to giving you advance written notice, to other companies in the Prudential group, in which case the terms of this condition 16 will apply to the use of your Personal Information by companies in the Prudential group.

17. Non Credit Charges


17.1 We will charge:

• £2 for every telephone call you make to us about our standard services and for information available to you on our web-site;
• £2 for each paper statement; and
• if you ask us for any non-standard service, an amount which we will tell you before we provide the service.

17.2 If you do not do what you agree to do under this Agreement we may make the following charges to cover the additional cost caused to us:

• £2 for any payment made other than by direct debit or transfer from an Egg savings account;
• £20 each month you go over the Individual Limit;
• £20 if you do not keep up the payments on the Account;
• £20 for any payment returned for lack of funds;
• any costs reasonably incurred by us in taking steps to recover what you owe us, recovering Cards and tracing you if you have failed to tell us of a change in address.

We will continue to charge interest on any late payments both before and after any court judgement.

18. General
18.1 We may record or monitor phone calls between us and you or an Additional Cardholder so that we can check instructions and make sure that we are meeting our service standards.

18.2 We may transfer to any other person or business any or all of:

• our rights under this Agreement at any time;
• our duties (including, without limitation, our duty to lend to you).

We may do this without telling you. Your rights under this Agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected.

18.3 This agreement is governed by the laws of England and Wales

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

YOUR RIGHTS

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement against you without a court order.


The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing and paying off all amounts payable under the agreement. If you have obtained unsatisfactory goods or services under a transaction financed by this agreement, apart from any purchased out of a cash loan, you may have a right to sue the supplier, us or both. Similarly, if the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.


If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizens Advice Bureau.


LOSS OR MISUSE OF EGG CARD


If the Egg Card is lost, stolen or misused by someone who obtained it without your consent, you may be liable for up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable for losses to us which take place after you have told us of the theft, etc provided you confirm any oral message in writing within seven days.

societys_child

My question: Should the PPI be mentioned in the conditions below

Phewww

Looks like the credit application, you may have agreed to the insurance when the card was activated?

mrstinkyweasle2

Possibly but I certainly don't remember signing for it! Only just found this lot on my laptop so not sure if I should call them to update them as to what information I have. At the moment, I just said I didnt see an option to select PPI, but this (if its everything), seems to show there was no option.

McKneff

Well possibly the fact that it was fourteen years ago helps in the fact that you don't remember ticking the box or signing.

mrstinkyweasle2

Oh definitely, but that said, I wouldn't have really needed it anyway given the package from my employer in terms of sickness benefit and the fact me and my wife were both working. We could have absorbed repayments without too much of a problem.

I only took the card to cover monthly work expenses (claimed back each month) in the first instance so PPI wouldnt have made much sense for me anyway, although after a year or 2 I did start to use for other purchases as well.

-taff

I couldn't be bothered to read all of it but if you see it on your statements, you were paying it.

Also, I think the boxes to have it were pre-ticked then...so mention that in your complaint if you have still got it.
If not, and they don't uphold, send it to the FOS with the addition of you believe the box was pre-ticked as you didn't see an option not to have it.