Egg loans PPI - Canada Square not responding to SAR request - best approach?

Catta75

Hi there,

My fiance took out a loan with Egg in 2005. In 2006, we believe this was rolled over into a different Egg loan. We don't have any paperwork on the first loan, but it is visible on his credit file. He has kept some statements on the later loan, and looking at both these and his credit file I can see the following information:

Loan 1, started Sept 2005 - settled June 2006 according to credit file. Same file showed that the original repayment period was £188 over 48 months, but clearly, this didn't happen and he rolled the loan into another one, Loan 2 below.

Loan 2, started June 2006. Credit file shows that the repayment period was £260 over 53 months. This amounts to a total paid of £13,780. :shocked: It was settled on November 2010. We also have a 2008-09 year statement from Egg showing that the original amount of credit was £9000, and that the APR on the agreement was 7.9%. The statements show that he was indeed paying £260, and the loan was settled on November 2010, exactly 53 months later. So he repaid £13,780. But by my calculations, he should have paid just £1629.25 interest on that loan, making the settlement figure £10,629 and the monthly payments just £201. We can see from his statements that he was paying an exorbitant £260 per month. Surely this must be PPI? PPI is not separated out on his statements, neither is it listed anywhere. He missed one payment but this was quickly rectified.

We don't have the original credit agreement which is annoying. We've applied twice for a subject access request from Canada House. The first time they wrote back and said "as you have requested information relating to a closed account, we must inform you that we are under no obligation to comply with information requests under the Consumer Credit Act." We applied again and this time they didn't even bother writing back.

My partner took the loan out on the phone and he doesn't even remember anyone mentioning PPI to him, but clearly that extra £60 per month could well be a single premium PPI added upfront. He is not very good with money and gets confused by things like that and would not even have known what PPI was at the time. He was also self employed throughout the entire period. We have had a PPI company call us up to say that he is due PPI and that it is just under £4k, which would be in the rough ball park of the figures above, but I don't trust them and anyway we're not going to do it via a company, we're going to do it ourselves.

Does anyone have any advice on the best path to take next? Canada Square say that we need to just fill in a PPI questionnaire form on the Financial Ombudsman's website and send it to them. I've looked at this and it clearly says 'were you sold PPI' and we believe he was but it's hard to tell for sure without the consumer credit agreement. If he was sold it he was totally unaware he was buying it. It feels like it might have been a single premium added to the loan at the start, missold through the phone, as he would not have taken this insurance out had he known about it. Should we chance it and just fill in the questionnaire with this approach? I can see from the forum that Canada Square are a very tricky bunch and they have been very unhelpful with other forum members so I don't want to approach it in the wrong way and give them an excuse to stop proceedings.

I am furious that during a time of debt, my fiance was rinsed of £3K+ when I know for certain that he would never have taken that insurance out had he willingly known about it. He's not an insurance sort of person! Plus he was self employed throughout so if it was for redundancy then it would have been missold also. But no way of knowing without SAR and credit agreement.

Any advice from anyone who has had a similar experience?
Thanks in advance for all your help,
Catta

-taff

You are not entitled to a CCA on a closed account.
You should have sent a SAR and £10. Did you?

If you have the account numbers of the loans you can make a complaint anyway.

And don't go down the 'He didn't know he had it' route, because he would have had to sign or agree to pay it, he just forgot.
Go with Single Premium instead....especially since the loan was consolidated.

dunstonh

We don't have the original credit agreement which is annoying. We've applied twice for a subject access request from Canada House. The first time they wrote back and said "as you have requested information relating to a closed account, we must inform you that we are under no obligation to comply with information requests under the Consumer Credit Act." We applied again and this time they didn't even bother writing back.

Did you make a section 78 request (£1) or data subject access request (£10). The response is the correction one for a s78 request as that only applies to open accounts. It does not apply to a DSAR.

Plus he was self employed throughout so if it was for redundancy then it would have been missold also.

Not necessarily correct. A signficant minority of PPI will not cover self employed or has onerous conditions. Those should be upheld on complaint. However, the majority cover self employed correctly.

Catta75

Hi, yes we applied for a DSAR and included a £10 cheque. There is no logic to their response which as you say applies to a CCA instead.

I think we will apply through the single premium route. I'm not convinced my partner "just forgot", I think it's genuine misunderstanding on his part around what he was signing up for.

We might also write back to them again and point out that we were asking for a DSAR not a CCA. although I've not heard of anyone successfully getting a DSAR from Canada Square, they are reluctant to oblige on this front it would seem from other responses on this forum.

-taff

If they havent provided you with the info from a SAR then you complain to the ICO who will force them to comply.