Mr P V Egg Ccrp

[phatram]

After helping my wife to beat the Egg, I am now going after them for my CCRP(PPI), which with interest at 22.9% amounts to 1.5k.
I was never told I could get this insurance anywhere else, so I believe I was mis-sold this .

[hellhasnofury]

Originally Posted by phatram

After helping my wife to beat the Egg, I am now going after them for my CCRP(PPI), which with interest at 22.9% amounts to 1.5k.
I was never told I could get this insurance anywhere else, so I believe I was mis-sold this .

Hello phatram,

Glad to see you back and good luck

[phatram]

Thanks h.

[phatram]

egg.com >•cards >•loans > mortgages > savings > investments *• insurance >

egg

TM







Private and Confidential



This letter is about your complaint
It was sent to you on 26 March 2008

Reference EGG






We've received your complaint
Dear Mr P
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 ring you to discuss your complaint in detail. If you need to contact us in the meantime, don't hesitate to use the contact details at the side of this letter. However, can you please ensure your contact details are up to date by logging into your account via the website.
We will do everything we can to resolve this with you as quickly as possible. Here are the timescales that our regulator, the Financial Services Authority, requires us to work to. in the vast majority of cases we resolve problems a lot quicker than this:
• We will acknowledge your complaint promptly, but no later than five
business days from receipt of your complaint.
• If we are unable to resolve your complaint within four weeks of receipt, we
will contact you and explain why. We will also give you an indication of
when we will next be in touch.
• 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) exercise 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 pic

[hellhasnofury]

Originally Posted by phatram

egg.com >•cards >•loans > mortgages > savings > investments *• insurance >

egg

TM







Private and Confidential



This letter is about your complaint
It was sent to you on 26 March 2008

Reference EGG






We've received your complaint
Dear Mr P
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 ring you to discuss your complaint in detail. If you need to contact us in the meantime, don't hesitate to use the contact details at the side of this letter. However, can you please ensure your contact details are up to date by logging into your account via the website.
We will do everything we can to resolve this with you as quickly as possible. Here are the timescales that our regulator, the Financial Services Authority, requires us to work to. in the vast majority of cases we resolve problems a lot quicker than this:
• We will acknowledge your complaint promptly, but no later than five
business days from receipt of your complaint.
• If we are unable to resolve your complaint within four weeks of receipt, we
will contact you and explain why. We will also give you an indication of
when we will next be in touch.
• 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) exercise 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 pic

Hello Phatram,

What a lovely standard template letter they have sent you Please be mindful regarding the phone call that you will received from one of their customer advisors. They can state anything and possibly may or may not record the conversation. Personally I would ask them to correspond in letter only or you record the conversation .

[phatram]

egg.com >•cards > loans >•mortgages > savings ^ investments ^ insurance »

egg

TM







Private and Confidential



This letter is about your complaint
It was sent to you on 01 April 2008

Reference EGG/


Your complaint



Dear Mr P
Re: Your Egg account xxxxxxxxxxxx
Thank you for your recent letter regarding the problems you have experienced. I have taken personal responsibility for resolving this for you.
Please accept my apoiogies for any inconvenience that this matter may have caused you.
: have investigated the situation and set out the summary of my findings for you below.
What I understand your complaint to be about
• You dispute accepting Card Repayment Protection on your Egg Card
account, and feel the cover has been mis-sold to you.
• You have paid premiums from your account for this insurance cover.
• You require the premiums paid to be refunded to your account.
What my findings are after investigating it
• You originally opted in to having card repayment protection when you
applied for your Egg Card Account on the 16 July 2002. I have enclosed a
copy of the data which is transferred from your online application. This data
cannot be adjusted or manipulated by Egg personnel. I have blanked out
some of the more sensitive information for security reasons. At the end of
your application online, you would have been presented with a screen with
two boxes, one says 'Yes' next to it and one says 'No'. Neither of these
boxes were pre-selected.
• You then cancelled the policy on the 10 June 2004.
• You completed two balance transfers online on the 3 September 2004.
Once you had entered this information you were again presented with the
two boxes asking if you would like to have the protection applied. This time
the 'Yes' box was pre-selected. We have taken a business decision to
refund the premium charged to you because of this pre-selected box.

Contacting us
We're open from
9am to 5pm Monday to Friday (excl. Bank Holidays)
To talk about this letter you can:
Call us on: 08007 834 393 E-mail us at: cro.support@egg.com
Write to us at:
Customer Relations Office
Egg
Riverside Road
Pride Park
Derby
DE993GG



Egg is a trading name of the Egg group of companies which includes: Egg Financial Intermediation Ltd (reg no 3828289) and Egg Banking pic (reg no 2999842)- Egg Banking pic and Egg Financial Intermediation Ltd are authorised and regulated by the Financial Services Authority (FSA) and are entered in the FSA register under numbers 205621 and 309551 respectively. These members of the Egg group are registered in England and Wales. Registered office: Citigroup Centre, Canada Square, London E14 5LB.

[phatram]

egg.com > cards >•loans >•mortgages > savings > investments > insurance *^^ ^^j ^^fe TM
• You cancelled the cover a second time on the 1 December 2004. Only one premium had been charged during this period. I have enclosed the statements from the 2 September 2004 to the 2 December 2004 for you to refer to. Please note, the transaction dated 23 November 2004 is not Card repayment protection but a cover against lost and stolen cards.
I will arrange for the refund of one premium which was £32.20 plus the subsequent interest of 53p which was based on a rate of 1.167% per month. This will show in your current Account within 5 working days.
I am unable to refund any further charges because you opted into the cover upon completion of your application.
You now have six months from the date of this letter to take your complaint to the Financial Ombudsman Service - further details are available on www.financial-orriDjdsrnan.org.uk. A copy of their leaflet is available, so please contact us if you would like one sent to you.
If you want to discuss your complaint with me, please use the contact details at the side of this letter. Alternatively my direct number is 08007 834 393 ext 6836.
I am sorry that we were unable to agree to your request on this occasion. Yours sincerely

Louis Rodgers
Customer Relations Adviser
Egg pic
Egg is a trading name of the Egg group

[phatram]

What my findings are after investigating it
• You originally opted in to having card repayment protection when you
applied for your Egg Card Account on the 16 July 2002. I have enclosed a
copy of the data which is transferred from your online application. This data
cannot be adjusted or manipulated by Egg personnel. I have blanked out
some of the more sensitive information for security reasons. At the end of
your application online, you would have been presented with a screen with
two boxes, one says 'Yes' next to it and one says 'No'. Neither of these
boxes were pre-selected.


But you failed to tell me I could get this cover elsewhere and a darn sight cheaper, so you mis-sold it to me !
Part acceptance letter and LBA will soon be on its way.

[phatram]

Originally Posted by phatram

What my findings are after investigating it
• You originally opted in to having card repayment protection when you
applied for your Egg Card Account on the 16 July 2002. I have enclosed a
copy of the data which is transferred from your online application. This data
cannot be adjusted or manipulated by Egg personnel. I have blanked out
some of the more sensitive information for security reasons. At the end of
your application online, you would have been presented with a screen with
two boxes, one says 'Yes' next to it and one says 'No'. Neither of these
boxes were pre-selected.


But you failed to tell me I could get this cover elsewhere and a darn sight cheaper, so you mis-sold it to me !
Part acceptance letter and LBA will soon be on its way.

Should I inform them this is the reason for me making this claim or should I save it for court ?

[phatram]

bump

[phatram]

Originally Posted by phatram

Should I inform them this is the reason for me making this claim or should I save it for court ?

Anyone please.

[phatram]

This POC will be used in my claim against Egg for repayment of missold credit card repayment protector / CCRP/(PPI).
My main argument is that they didn't tell me I could get this insurance elsewhere or that I would end up paying interest on it.

PARTICULARS OF CLAIM


1. The Claimant had a credit agreement, credit card number xxxx xxxx xxxx xxxx ("the Agreement") with the Defendant which was opened on or around July 2002.

2. At the time of opening the account the Defendant misled the Claimant into procuring Payment Protection Insurance ("the Insurance") as part of the overall credit bargain.

3. The Claimant contends that:
a) The Insurance imposed upon the Claimant were neither defined nor explained, nor alternatives from other suppliers suggested.
b) The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;
i) As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments
ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit
iii) For the reasons stated in either (i) or (ii) above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit
iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.


4. Accordingly the Claimant asks:

a) The Court finds that the Defendant acted in a way grossly contravening ordinary principles of fair dealing and reopens the credit bargain to perform restitution to rectify the unjust enrichment performed, to the detriment of the Claimant by the sum of £1641.91 by conferring a benefit under an ineffective transaction.

b) If the Court is unable to perform restitution, then the Claimant seeks damages of £1641.91 by virtue of the Defendants’ actions, be they fraudulently or mistakenly, in obtaining the Insurances.

c) Alternatively, the Claimant seeks damages of £1641.91 in regards to the Defendants clear breach of the Claimants human rights as prescribed by Article 1 of the first protocol of the Human Rights Act 1998 whereby the Defendants actions did cause the Claimant to suffer personal loss to the sum of £1641.91

d) Court costs;

e) The Claimant claims

i)Compound interest on the charges applied thereon to the Claimant’s account (“the principal claim”), at the annual rate of
22.9 %. This is the rate applied by the Defendant to the Claimant’s unauthorised use or borrowing of the Defendant’s monies, as provided for in the contract.

The Claimant’s case for claiming this rate is based in equity, and a legal requirement for fairness and balance.

The Claimant deems the Defendant’s principal indebtedness to the claimant to be unauthorised, since it is comprised of insurance charges that were imposed upon the Claimant, they were not explained and were in fact mis-sold, not advising the Claimant that alternative products were available elsewhere.

ii) In the alternative to e i), if the Court is unable to agree that the claimant is entitled to the contractual rates of interest, on the grounds stated, the Claimant avers that the defendant would be unjustly enriched if the Claimant’s entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercially compounded rates. On these grounds the Claimant seeks restitution of the compounded contractual interest at the defendant’s authorised borrowing rate of 22.9 % per annum.

iii) In the alternative to e i) and ii), if the Court finds that the Claimant is not entitled to contractual interest, the Claimant claims interest under section 69 of the County Courts Act 1984.

iv)Schedule showing interest calculated at the rate quoted at I is attached to these particulars of claim, as follows:

Schedule A - Compound Contractual Interest calculated at 22.9%.

[phatram]

Notice of Issue has arrived from court.