Angry Cat v Egg** Egg smashed at last**

[angry cat]

Hi Guys-
Advice please!
I have today sent both the Library preliminary letter plus Data Protection Act disclosure request to Egg
Pride Park
Riverside Road
Derby DE99 3GG

The reason that I have sent both is that I have had my credit card changed four times by Egg. The most recent account number statements can accessed on their website and as they recently fined me 3 lots of £20 =£60, I decided to send the preliminary letter asking for the £60 to be refunded. The EGG penalties have caused my account to go over limit - resulting in fines
As I have had an Egg card since 2001 but the account type and number has changed three times, I decided to send the Data Protection Act request and quoted the relevant account numbers and I know that there were penalties! but not sure how many?

Hopefully, I have done the right thing here-
Anyhow, will keep you posted.
angry cat

[Bookworm]

Yes, do.

Good stuff.

[angry cat]

No Response from Egg yet? and...
they have just fined me another £20 !

An over limit fine, caused by their charges-

I will be kind and give them a few more days to respond to the (Library) preliminary letter sent 12 April 2006 plus additional Data Protection Act disclosure request because of the Easter Holiday break. However, I have not even received an acknowlegement of my letter and or additional DPA disclosure request?
Under the FSA rules they are required to answer or acknowledge a COMPLAINT! within five working days...
Ummm Egg appear to be above the regulators.

angry cat

[jonni2bad]

There is no need to give them any extra time, even if there have been 'bank holidays' etc.

Do you think they would give you more time to pay them?

If they have not responded to your Data Protection Act request inside 40 days, you need to make an official complaint to the Information Commissioner's Office. See FAQs. However,it's only been about 12 days, and I'm afraid we have all made them a little bit busier than normal !!

Best of luck

[angry cat]

Hi Jonni2bad-

Yes, I agree that Egg would not allow me any extra time to pay and they are not!

My claim is slightly complicated, because I sent off the preliminary letter which related to the refund on fines and over limit fees that show on my statements that are accessable on the Egg website. However this has now increased by £20.

The Data Protection Act disclosure request is for credit card statements from 2001 - 2005 which are not available on the Egg website, plus they have changed my account number several times?

I am sure that Egg are busier than usual ! However, they appear to have found time to send me a letter dated 20 April 2006-

From-
"Wendy Schratz - Head of Borrowing Management

Your balance is currently over your credit limit" "Each month your balance exceeds your credit limit you will be charged a fee of £20"

Of course, the reason that I am over the credit limit is because Egg continue to fine me.

Thanks
angry cat

[jonni2bad]

Originally Posted by angry cat

...My claim is slightly complicated, because I sent off the preliminary letter which related to the refund on fines and over limit fees that show on my statements that are accessable on the Egg website. However this has now increased by £20....

You can alter the amount being claimed as you proceed, having a final figure if it reaches the stage of court action, no worries there.

Originally Posted by angry cat

...The Data Protection Act disclosure request is for credit card statements from 2001 - 2005 which are not available on the Egg website, plus they have changed my account number several times?...

You are able to get all the info relating to your banking business with them, even if it were over several accounts, single and joint etc etc for just the one £10 fee.

Don't, however, just ask for statements. You must use the template letter which also includes text relating to manual intervention.

Good luck

[angry cat]

Thanks for your response jonni2bad-

I actually sent the (Library) Preliminary letter-
plus the (Library) template Data Protection Act disclosure request for the statements that are not shown on my Egg account (Egg website)

Do you think that I should wait, until I receive the missing statements, before I send the Before Action Letter and or, subsequently make my County Court Claim? and...
please correct me if I am wrong, but I am of the understanding that one does not have to pay the £10 for the Data Protection Act disclosure in regard of an internet account, because it is the responsibility of EGG to make ALL the statements available to an internet consumer?

Thanks
angry cat

[jonni2bad]

Meoow angry cat (if that's hello?)

The reason why we suggest sending a Data Protection Act request is so that the bank has an opportunity to respond to the question of manual intervention, as well as a list of charges. Statements, as such, only come into the equation because we allow them to send these as an alternative to a list - we don't actually ask for them.

So, in relation to an internet based account, you still need the info that they might hold which is NOT shown on your online accounts, and for this reason you must pay (or at least offer) the £10 fee.

These points remain true even if you already have the full history of your account and can calculate charges yourself.

If your Initial Letter date for response has expired, then proceed to LBA.

If you are still awaiting the Data Protection Act response and get close to the stage of court action, then we have a choice of waiting further, or getting more info from our site team. But we'll cross that bridge when we get there.

[angry cat]

Hi Guys !

I have been considering the OFT response 5 April 2006-

CREDIT CARD DEFAULT CHARGES UNFAIR

at the end under Notes 4 there is a reference to EGG-

"But for example, where a card issuer has a policy of requiring customers to pay minimum monthly repayments by Direct Debits, such as that operated by Egg, and offers credit cards only to customers that satisfy a relatively higher scoring requirement it may be able to set a fair default fee at a level above the threshhold"

I would be grateful to know the Bank Action Groups thought's on this?

Incidentally when I first opened my Egg credit card account, it was actually a -
"Boots" Advantage card powered by Egg.

Of course, I am in the process of making a claim, but wondered if the above statement, could affect EGG penalty claims.

Any thoughts?

Thanks

angry cat

[angry cat]

Hi Guys-
Sorry to start a new thread but...
I wanted all Egg complainants to see my initial Egg response to the Library preliminary letter plus additional Data Protection Act disclosure request !

"WE'VE RECEIVED YOUR COMPLAINT

Dear xxxxxx

Re: Your Egg Account

I'm sorry that you have had to complain to us. We will start to work on your case right away and one of our Customer Relations Advisers will be back in touch to advise you of our progress. If you need to contact us in the meantime, don't hesitate to use the contact details at the side of this letter.

We will do everything we can to resolve this with you as quickly as possible. Here are the timescales that our regulator, The Financila Services Authority, requires us to work to. In the vast majority of cases we resolve problems a lot quicker than this.

1. We must acknowledge receipt of your complaint within five days.

2. If we are unable to resolve your complaint within four weeks of receipt, we must contact you and explain why. We must also give you an indication of when we will next be in touch.

3. If we are unable to resolve your complaint to your satisfaction within eight weeks of receipt, we must contact you again and explain why. You can then (or sooner if you do not accept our earlier resolution) excercise your right to take your complaint to the Financial Ombudsman Service. You have six months from the date of our resolution to do this.

Thank you for letting us know about the problems you have experienced and for the opportunity to put things right.

Yours sincerely,

Jeanette Hadfield
Customer Relations Office - Egg plc"

You will see that the letter make note towards contact details at the side of the letter-

Telephone - 08007 834 393
Email - cro.support@egg.com

Write to us at:

Customer Relations Office
Egg
Riverside Road
Pride Park
Derby
DE99 3GG

Please note, that Egg failed to respond to my letter with in 5 days and it is very clear that they either, do not understand the letter or simply ignore the implications!

Once again I apologise for the new thread, but I didn't want anyone making an Egg claim to miss this letter and...
I realise that the moderators may move this post to my thread - Egg Credit card have sent preliminary letter & Data Protection Act request.

Thanks

angry cat

[angry cat]

Hi Jonni2bad-

Thanks for your advice -

The postman has just delivered the Egg reply-

I have just posted it on a new thread - Response received from Egg.
I realise that I should have posted the letter on this thread, but I was worried that it could have been missed by others who are making a claim against egg.

Thanks

angry cat

[jonni2bad]

They would still have to show, in court, that they are only recovering their losses, even if these WERE actually above the £12 mentioned by the OFT.

If they are prepared to do this in court, they must also be prepared to do so BEFORE you get there.. otherwise the court would not be happy!

I hope that helps, but if you need further clarification and no-one else has responded, feel free to PM the Administrators after a day or so.

John

[angry cat]

Hi Guys-
Just an update-

I have received this morning a letter from Egg relating to my "Data Protection Act disclosure request" and...I did send them the (Library) DPA disclosure request template letter.

However, I have received a letter from Egg this morning Friday 5 May 2006-

"Re Your Data Subject Information Request (DSIR)"

After looking at some of the other EGG posts in the forum, I expected EGG to request ID, which I think is crazy bearing in mind that I have a credit card with them, therfore they already have all my details on file, having said that, I realise that proof of ID is probaly required under the Data Protection Act rules. However, I had anticipated a request for a scan of my passport or Driving license, which would have made sense but it would appear that the ID that EGG require is only related to my financial details, I quote-
"please provide us with one of the identifiication documents listed below-
A bank, building society or credit card statement
A store card or catalogue statement
A utility bill"

Please note, that the above all relates to my financial status/ID, it seems very odd that neither passport nor driving license are mentioned? which of course would be irrefutable confirmation of my identification.

The letter was signed - Jenny Gordon, Data Protection Manager

Curious !!! - Any thoughts?

angry cat

[Movingon]

This is the paragraph regarding identity which I used in my Data Protection Act request:

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable, and my signature, hitherto accepted by you as an identifying mark, appears below.

Note the red portion; they simply don't need any further information. Write to them telling them this, reminding them that all the information they need about your request is in your initial letter, and reminding them also that the 40 day clock is ticking and will expire on <date>. On that very evening, initiate a complaint to the Information Comissioner and write to them telling them you've done that as your deadline has expired.

The signature you use is stored and analysed in their "systems" and is used to authorise spending from your account - the b*ggers can accept it on a letter as proof of identity.

[angry cat]

Hi StoneLaughter !

I greatly appreciate your reply - Thanks

I believe that Egg are just being difficult and their request didn't make sense-

You are so right, they had my signature on the Data Protection Act disclosure request and they have replied to my unchanged address that has not changed since I opened the account.

I try to apply 'Common Sense' to things and the egg request didn't make any!

I will write the letter today, following your guidelines.

Thanks
angry cat