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I have asked for a SAR and all that has been received are my statements.
From this I have found out in June 2004 PPI was added to my card. I do not remember giving consent for this. I will write to Egg asking them to provide all evidence.
I have taken on loan companies before but I have not taken on a credit card. Is it the same process?
Credit Cards appear to be different than loans etc, you need the credit agreement specifically ask for this and ask for a demands and needs statement.
Lloyds TSB (SARS) request sent 9th June 2006
£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267 MBNA SETTLED IN FULL 15/09/2006 £829 Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
GE MONEY SETTLLED IN FULL £400
Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
Welcome Finance PPI 2 accounts one settled £1018 waiting on other
GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
Lloyds TSB PPI CC complaint sent 10/04/2008
Black Horse PPI with FOS 20/05/2008
HFC PPI complaint sent 22/05/2008
Egg have failed to respond to my SAR other than sending me my statements ( and statements only. I have sent 2 further letters asking for my SAR to be fulfilled in full. They wrote to me saying I will receive a response at the end of September. This is well outside to 40 days. I wrote again saying this was not acceptable.
Can I now file a Claim of with the courts? If yes, how much is reasonable to ask for?
It's a shame that Egg didn't see fit to respond to your last letter
I think that you should send them a letter before action reminding them that you had not asked for PPI to be added to your credit agreement with them but that they saw fit to do so anyway. Remind them that this is unlawful and falls without the FSA's guidelines on the selling of PPI by financial institutions, together with the Banking Code. Remind them that the fos takes the mis-selling of PPI extremely seriously, as do you!!
Tell them that unless they respond to your last letter within 14 days of receipt of this letter providing you with a true signed copy of your Credit Agreement, then you will have no other recourse but to initiate court action against Egg for mis-selling of PPI and that you expect the return of all monies paid together with the interest charged on top of this sum.
If the card is still in operation then tell them that you want the PPI to be cancelled forthwith.
Have you been able to calculate from your statements the amount of PPI paid and the amount of interest charged?
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Update - filed Claim against Egg for failure to provide contents of SAR.
Filed - 12th September
Issued - 15th September
Sent by Court 23rd September
Served - 25th September
Defendant has until 9th October to reply.
As of today 14th October 2008 still no response so going to Court today to file for judgement.
If Egg send SAR contents in the mean time do I have to drop the case or should I still expect them to pay? The Court said if Egg file an acknowledgement before judgement is issued then it will still be taken into account.
Looking at the eggstatements it seems you are paying £32.72p per month on 22 June 2005.
1. Can you tell me when this loan started?
2. If you have been paying this PPI of £32.72 from June 2004 You can use this calculator but there are several on the site to calculate what you are owed.
3. Are you still paying this PPI?
4.You can use this all you have to do is type in the date your loan started , then the amount and the calculator does the rest.
You are a dream. Thank you.
However, this is for a credit card not a loan. Can I still use the link?
I haven't received any paperwork on this, only the statements so I don't have any other info.
PPI started: 22nd June 2004
PPI amounts: Vary
Yes, still paying although I have asked them to stop - no reply.
You are a dream. Thank you.
However, this is for a credit card not a loan. Can I still use the link? Yes
I haven't received any paperwork on this, only the statements so I don't have any other info.
PPI started: 22nd June 2004
PPI amounts: Vary
Yes, still paying although I have asked them to stop - no reply.
When you open the link:
Under 1 type in the date you are claiming from 22 June 2004. 2 will be todays date so the interest calculation will only be up until today you may have to revise and recalculate later if the settlement takes a while just to make sure you are asking for everything.
In 3 Type in the amount you paid on that date.
In 4 Type in the interest you are claiming either contractual or statutory.
Then hit 5 The calculate button for the result.
You will probably have to do this for each monthly payment adjusting the date in 1
This will take a long time and you will then have to add all the results up.
If you post again you may have others that can offer an easier way of adding up your figures.
Thank you. You explained it perfectly. I don't mind if it takes time, I have time, money I don't!
I assume the interest is the yearly rate. So in the case above 1.167 x 12?
When I finally receive the paperwork there should be an interest amount on there - that is assuming they have paperwork because I never signed for PPI. They added it to my card after the 0% interest bonus rate ran out!!
Thank you. You explained it perfectly. I don't mind if it takes time, I have time, money I don't!
I assume the interest is the yearly rate. So in the case above 1.167 x 12?
I would guess that is correct if you are claiming contractual interest but others would be better placed to advise on this.
You can always play around with the rates type in the statutory and see what you get compared to the Contactual!
When I finally receive the paperwork there should be an interest amount on there - that is assuming they have paperwork because I never signed for PPI. They added it to my card after the 0% interest bonus rate ran out!! Don't let them deny any CCA or statements make sure they are produced or complain to the ICO, FSA, OFT and fos.
Here is something strange. Just had a bundle from Egg posted through my door. No postage, just my address.
It contains basically what they have already sent me statement wise plus a few extras.
CCA
(will post later, having problems with imageshack)
Computer print out
This shows nothing about PPI when I applied and indicates I asked for PPI by telephone in March. Not true!!
This shows nothing about PPI when I applied and indicates I asked for PPI by telephone in March. Not true!!
they will go to any lengths to try and stop you in your tracks. Why on earth can they not come clean and accept the massive mis-selling. They must be spending money (A Good Thing) to try and prevent you claiming (A Better Thing).
Judgement filed today as Egg failed to file a defence. Egg ordered to pay full £130 that I asked for for failure to comply with SAR.
What do I do now reference proceeding with claiming PPI?