PPI on Egg Loan - do I have a claim?

[joneseyblod]

Hi all

Any advice please on this would be much appreciated. Thank you.

Situation:
Was self employed then certified off sick due to major events
Benefits claimed since.

Egg:
Thought would of been covered as hadn't any consultations in the 12 months since taking out the loan, was a year and a half into it. Supposedly Egg loan is 24 months after taking out the loan though for pre-existing medical conditions or indirectly related conditions.

This was the 2nd or 3rd loan taken out through Egg and dont think they asked the last time about PPI or checking on exclusions etc. Automatically added??

The claim was refused due to a single consultation 6 months prior to the start date of the last loan for what they classed as an indirectly related condition.

Was able to get a partial refund onto the loan account through a complaint to customer relations (excluding interest charged) but they didnt refund the other two thirds or slightly more of it as they state the policy did provide cover up until certification.

This partial refund has been swallowed up by charges added to the account while a repayment arrangement has been going on the account after the insurance claim was denied.

Would like to make a claim for rest of PPI to be refunded along with interest they charge on it. Is there any case here??

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[alanalana]

Hello jonesey,

Your comments highlighted in red my points in blue.

Hi all

Any advice please on this would be much appreciated. Thank you.

Situation:
Was self employed (This could be a reason for mis-sold PPI in its own right depending upon the small print on your terms and conditions. then certified off sick due to major events
Benefits claimed since.

Egg:
Thought would of been covered as hadn't any consultations in the 12 months since taking out the loan, was a year and a half into it. Supposedly Egg loan is 24 months after taking out the loan though for pre-existing medical conditions or indirectly related conditions. (If your claim was not related to Pre existing medical conditions or indirectly related conditions, but was due to accident etc then this is second reason to claim mis-selling if they would not honour the Insurance agreement).

This was the 2nd or 3rd loan taken out through Egg and dont think they asked the last time about PPI or checking on exclusions etc. Automatically added?? (If PPI was added without you being given the option to choose or it was added as a requirement to obtain the loan that would be three reasons to claim mis-selling).

The claim was refused due to a single consultation 6 months prior to the start date of the last loan for what they classed as an indirectly related condition. (Try and get a copy of the relevant terms and conditions to check the small print).

Was able to get a partial refund onto the loan account through a complaint to customer relations (excluding interest charged) but they didnt refund the other two thirds or slightly more of it as they state the policy did provide cover up until certification. (How did it provide cover when they state a consultation excludes you from claiming) This is a total fob off to hang onto your money without you having any potential benefits of and expensive PPI you paid for.

This partial refund has been swallowed up by charges added to the account while a repayment arrangement has been going on the account after the insurance claim was denied.

Would like to make a claim for rest of PPI to be refunded along with interest they charge on it. Is there any case here?? I would suggest YES

Start off by sending a Subject Access Request template in the stickies at the top of the forum ask for every little bit of data egg hold about you on each and every loan/Card and anything else they have sold to you. You have to send a Satutory fee of £10.00 and they have 40 days to supply you with all the data including any consumer credit agreements on existing loans or cards.

Please have a good read through all the stickies and the links in stickies if gives you loads of information on your right to reclaim back your money.

read a few threads to get the general picture and there you go

and Welcome to the world of PPI reclaiming

aa

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[joneseyblod]

Hi alanalana

Thank you ever so much for your advice regarding mis-selling and suggestions on how to move forward.

I will get a subject access request letter off and go from there.

joneseyblod

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[joneseyblod]

Hi again

A quick query on one of your points:

Thought would of been covered as hadn't any consultations in the 12 months since taking out the loan, was a year and a half into it. Supposedly Egg loan is 24 months after taking out the loan though for pre-existing medical conditions or indirectly related conditions. (If your claim was not related to Pre existing medical conditions or indirectly related conditions, but was due to accident etc then this is second reason to claim mis-selling if they would not honour the Insurance agreement).

Are you saying if would of had an accident instead of sickness claim, and they still would not of honoured the agreement due to a consultation 6 months before.

I dont quite get what you mean in that part, sorry. Can you elaborate please?

[alanalana]

Hello jonseyblod,

Hi again

A quick query on one of your points:

Thought would of been covered as hadn't any consultations in the 12 months since taking out the loan, was a year and a half into it. Supposedly Egg loan is 24 months after taking out the loan though for pre-existing medical conditions or indirectly related conditions. (If your claim was not related to Pre existing medical conditions or indirectly related conditions, but was due to accident etc then this is second reason to claim mis-selling if they would not honour the Insurance agreement).

Are you saying if would of had an accident instead of sickness claim, and they still would not of honoured the agreement due to a consultation 6 months before.

I dont quite get what you mean in that part, sorry. Can you elaborate please?

You say the egg loan terms are stating that you would not be covered if you had any consultations in the 24 months for Pre existing medical conditions or indirectly related conditions. Prior to you taking out the Loan.

Is this a correct statement as you understand it?

If your claim was not related to pre existing medical conditions or indirectly related conditions then the 24 month stipulation in the contract would surely not be applicable.

Let's say you had no consultations within 24 months of taking out the Loan and then you fall off a Ladder 3 weeks after taking out the Loan then you should be covered. It should be up to them as the insurer to prove that any injury sustained was linked to indirectly related conditions or pre existing medical conditions and if they state it was due to indirectly related conditions and the policy was still sold to you then I believe this should still be classes as mis-selling.

Hope this makes things a little clearer for you. It would be much better if you could post up your terms and conditions for someone to have a look at.

You still have grounds to claim mis-selling I would not worry about one point if you already have grounds on two or three and in fact one should suffice to prove mis-selling.

aa

[joneseyblod]

Hi

I think its 12 months before taking out the loan and 24 months after taking out the loan for pre-existing medical conditions and indirectly related medical conditions.

I will get the terms up tomorrow morning.

My gp actually confirmed to them it was not related to the condition consulted for 6 months prior to taking out the loan, but their chief medical officer overruled it.

[alanalana]

hello joneseyblod,,

My gp actually confirmed to them it was not related to the condition consulted for 6 months prior to taking out the loan, but their chief medical officer overruled it. ( has their chief medical officer ever examined you or even seen you?)

PPI has sadly been a total con for most people and the defences are now up to stop people getting their money back.

aa

[joneseyblod]

Hi again

I have uploaded the pictures on photobucket, hope I have done this right as its my first time with that

It has been done as an album and all images should be accessible from this link:

Image of Egg PPI 3 - Photobucket - Video and Image Hosting

Hope this helps.

[joneseyblod]

Any help in constructing a letter for my circumstances would be much appreciated. I am new to this ppi refund world and not very savvy on the lingo that will get their attention.

[alanalana]

Hello joneseyblod,

The link was straight back to the photobucket site,
you can copy the URL of the document you have uploaded so when you click the link you get the document and not photobucket site.

I will be out most of today but Please read the templates library for letter examples....this is the link.........Bank Templates Library

or have a look at my thread there are many letters on there that may give you an idea how to word your own........

alanalana PPI claim against RBS (looking for some help) please

Hope this helps.

aa

	Materials library Follow this link to our library where you can use our templates and other references free of charge. You must be registered to use them - but registration is free.

[joneseyblod]

Hi

Trying again, this was from url bar in top:
Image of Egg PPI 3 - Photobucket - Video and Image Hosting

Thanks will have a look around and try to get a letter put together. Would you or anyone else be ok to take a look once its done to make sure its ok?

[joneseyblod]

Its brought up the same link again, for me it does show the egg documents though...

Any suggestions in how I could just attach the documents in here?

[alanalana]

Hello joneseyblod,

in photobucket on the right you have image link code. Just copy and paste the URL in the forum window at the bottom the forum and bulletin boards window.

I have looked over your terms and conditions and I still believe you have a sound case for mis-selling but it is best to get other opinions before committing on only mine. The more eyes that see the information the more chance of a considered response if you get my drift.
aa

[joneseyblod]

Hi

Hope this works



Had a bit of a look around and saw there was about 13 points for misselling!

[joneseyblod]

Ok that one worked, trying others now

IMG]http://i391.photobucket.com/albums/oo351/joneseyblod/scan0011.jpg[/IMG]

IMG]http://i391.photobucket.com/albums/oo351/joneseyblod/scan0012.jpg[/IMG]

IMG]http://i391.photobucket.com/albums/oo351/joneseyblod/scan0013.jpg[/IMG]

[joneseyblod]

[joneseyblod]

Took a few attempts there...

[alanalana]

Hello joneseyblod,

I have had a look at the terms and conditions.

There would be an exclusion that if you had a consultation for a medical condition within 12 months prior to the start date of the loan and then had a the same condition within 24 months after the start date of the loan they would class this as pre existing medical condition.

Another thing in the small print is Self employment (in your post 16)
To be able to claim your business must have totally and permanently ceased to trade as a direct result of it being unable to pay its debts as and when they fell due.

I would suggest your next step is to send a Subject Access Request and ask for:

A copy of the consumer credit agreement
A copy of the demands and needs questionnaire (which they should have used to ensure all the correct questions were asked to ensure the Policy was suitable for you)
A copy of the terms and conditions (even though you have one)
Recordings of all telephone conversations between them and you, or transcripts of those conversations.
A full statement of the account.
Any other data they hold on you as a data subject. This should include data held in any format ie paper, electronic, microfische, CD. They may come back on this as a lot of banks have done to say they only provide information that is held in a relevant filing system. This is just a delaying tactic.

I would not worry about the small print in your terms and conditions too much at the moment.

The aim of the game is to get as much information as you can from them. At the point of sale of the PPI they have to follow certain procedures. The majority of banks have failed to do this hence the PPI reclaiming has taken off big time.

You have basically been sold expensive PPI that was no good to you and they should have asked all relevant questions to ascertain that the policy was suitable which in your case it was not suitable.

Subject Access Request is the next step. £10.00 fee is required by them and they have 40 days to respond fully. If they fail then you can complain to the Information Commissioners Office.

Please have read through this long thread of mine and you will see how financial institutions will delay and deny etc...
alanalana PPI claim against RBS (looking for some help) please

Just to keep you positive I have had:
One complaint to the Information Commissioners Office their response is photobucketed in my post 290.
Three complaints to the Financial Ombudsman Service (two successes) and one still pending.
I have also complained twice to the Financial Services Authority, once to the Office of Fair Trading and once to the British Bankers Association.

It could be a long haul but everything is on your side.

aa

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[joneseyblod]

Hi

Thank you VERY much for this information and advice.

Will get a Subject Access Request request off tomorrow.

Did they do the demands and needs questionnaires in 2005? The last re-consolidated loan I had from them was near end of 2005.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[joneseyblod]

Just a quick thing:

There would be an exclusion that if you had a consultation for a medical condition within 12 months prior to the start date of the loan and then had a the same condition within 24 months after the start date of the loan they would class this as pre existing medical condition.

It wasnt the same condition, and GP advised it wasnt. Insurance put an umberalla over it and advised they classed it as the same, chief medical officer upon a few appeals made final ruling that it was an indirectly related condition and so excluded. Overruled GP report.