Thread: Possible PPI mis-selling claim from Egg?

Hi everyone

Before I begin, I have to say I'm a little (unrational probably) nervous about how to proceed with all of this, since I've only become aware of all this in the last few weeks, and though I've read all I can both here and at moneysaving expert, it's like information overload and all looks kind of daunting.

Anyway, my story:

I have an ongoing Egg card from way back in 2000. Due to the recent action by them to hike up interest rates on the account, it caused me to have a close look at my account online and I found the dreaded PPI premium going out every month. Now, before I continue, I cannot say for sure whether I originally agreed to it or not, so I don't want to just plead ignorance of the whole thing outright to just get a chunk of money back. I've been agonising over it all for a few weeks so maybe it's just creeping doubt of my own case, I don't know.

I was eventually dismissed from my job in January 2008 for an injury at work which occurred in July 2005 and is an ongoing condition that'll basically be there for the forseeable future. It's a back injury btw.

So having started to take a look at my Egg account in this September, I then started having a closer look at the PPI page since I found I was paying it.

Now, I found this firstly:


We will not pay benefit if the Disability results, directly or indirectly, from:-

1. a Pre- Existing Condition (See Special Notes) or a Chronic Condition

Special Notes

This exclusion will not apply to a Pre-Existing Condition if You have been free from symptoms and have not consulted a doctor or received treatment for a 2 year period prior to Your claim. If You had appointments to see a doctor within this period and these were not kept, the Pre-Existing Condition exclusion will apply unless You had been formally discharged.


Ok, so according to that little passage, I would not be entitled to a claim since I was receiving treatment for just under 3 years prior to being dismissed, and that treatment now continues anyway.

The second bit I found was:

HOW TO MAKE A CLAIM

Written notice of any claim should be given within 120 days of the date of the event giving rise to that claim together with, at Your expense, such information and proof as We may reasonably require. If such notice and information is not given within this 120 day period then, other than in exceptional circumstances, no benefits will be paid in respect of the claim.


I was dismissed back in January 2008, so that would suggest I am outside the claim period anyway. The honourable side of me says it's my own stupidity for not knowing the PPI was there in the first place, so in regards to the second part I found, I would guess I only have myself to blame, but since the PPI doesn't cover me anyway, is it a mis-sold policy?

Further information as well is that I had a similar injury way back in 1997. The consultants have now determined that my more recent injury was based on that old incident, but of course, I wouldn't know a single incident constituted a pre-existing condition when I first took out my card.

I'm hoping you more knowledgable people here can give me a pointer as to whether I could proceed or not with saying the policy is mis-sold.
I've tried to give as much information as I can as per the sticky.

Thanks all

Originally Posted by Babbit101

Hi everyone

Before I begin, I have to say I'm a little (unrational probably) nervous about how to proceed with all of this, since I've only become aware of all this in the last few weeks, and though I've read all I can both here and at moneysaving expert, it's like information overload and all looks kind of daunting. (Do not be daunted by PPI claiming if you have been mis-sold then claim your money back) I have so far claimed back close to £18k with 4 claims still to resolve.

Anyway, my story:

I have an ongoing Egg card from way back in 2000. Due to the recent action by them to hike up interest rates on the account, it caused me to have a close look at my account online and I found the dreaded PPI premium going out every month. Now, before I continue, I cannot say for sure whether I originally agreed to it or not, so I don't want to just plead ignorance of the whole thing outright to just get a chunk of money back. I've been agonising over it all for a few weeks so maybe it's just creeping doubt of my own case, I don't know.

I was eventually dismissed from my job in January 2008 for an injury at work which occurred in July 2005 and is an ongoing condition that'll basically be there for the forseeable future. It's a back injury btw.

So having started to take a look at my Egg account in this September, I then started having a closer look at the PPI page since I found I was paying it.

Now, I found this firstly:


We will not pay benefit if the Disability results, directly or indirectly, from:-

1. a Pre- Existing Condition (See Special Notes) or a Chronic Condition (The PPI was clearly mis-sold IMO)
   

Special Notes

This exclusion will not apply to a Pre-Existing Condition if You have been free from symptoms and have not consulted a doctor or received treatment for a 2 year period prior to Your claim. If You had appointments to see a doctor within this period and these were not kept, the Pre-Existing Condition exclusion will apply unless You had been formally discharged.


Ok, so according to that little passage, I would not be entitled to a claim since I was receiving treatment for just under 3 years prior to being dismissed, and that treatment now continues anyway.

The second bit I found was:

HOW TO MAKE A CLAIM

Written notice of any claim should be given within 120 days of the date of the event giving rise to that claim together with, at Your expense, such information and proof as We may reasonably require. If such notice and information is not given within this 120 day period then, other than in exceptional circumstances, no benefits will be paid in respect of the claim.


I was dismissed back in January 2008, so that would suggest I am outside the claim period anyway. The honourable side of me says it's my own stupidity for not knowing the PPI was there in the first place, so in regards to the second part I found, I would guess I only have myself to blame, but since the PPI doesn't cover me anyway, is it a mis-sold policy? (IMO yes mis-sold)

Further information as well is that I had a similar injury way back in 1997. The consultants have now determined that my more recent injury was based on that old incident, but of course, I wouldn't know a single incident constituted a pre-existing condition when I first took out my card.

I'm hoping you more knowledgable people here can give me a pointer as to whether I could proceed or not with saying the policy is mis-sold. (I would proceed but ensure you have all of the relevant information to fight your case, such as medical documents from your GP/Consultants including dates of examinations etc etc)
I've tried to give as much information as I can as per the sticky.

Thanks all

Hello Babbit,

IMO you should proceed to claim the PPI. If you have had a Pre existing Medical condition at the time the credit card was taken out and EGG failed to ascertain through a demands and needs questionnaire that the PPI on the card would cover you, then if you had pre existing medical condditions and Egg failed to ascertain these facts then IMO the PPI was mis-sold. In this case you should proceed to claim the PPI back as being mis-sold if you have all the relevant documentation to back up your claim for mis-selling.

aa

You as you say have looked at the stickies at the top of the forum.

All of them are worth reading and one in fact gives a multitude of additional links all worth looking at.

Originally Posted by Babbit101

Thanks for the response aa.

I cancelled the policy in September after I saw it and read how useless it was to me. Is that going to affect putting a claim in now? It says somewhere that cancelling will mean you're not entitled to any premiums back. I should have seen that before but missed it. IMO forget that mis-sold PPI is mis-sold PPI so claim your PPi premiums and the 8% back.

Do I need to submit a SAR for a PPI reclaim, or just a letter saying I think it was missold? If it's a letter, is it prudent to do so by means of their secure messaging service online, or is it better to do so by post? If you have all of the relevant paperwork such as Consumer Credit Agreement, terms and conditions etc. You should be certain you have all of the data before you proceed to claim. So Subject access request is the way to start.

Lastly, in a letter claiming misselling, do you outline the reasons why you believe it's missold, or just tell them you think it was, and let them come back first with a reply?

You tell them why you consider the PPI was mis-sold and then let them produce the evidence to show it was not.

Please have a read through these links and all of the other links in the stickies at the top of this forum you will get a lot of useful information but it takes a bit of time to go through everything. If you want your money back it is well worth the effort.

PPI - Some Notes for Claimants..

BANKS are giving incorrect advice on PPI

Full SAR for ppi

Data Protection Act 1998 - Subject access request

When you send the SAR......

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail

You should request the following documents:

A true copy of your Consumer Credit Agreement with the terms and conditions that were applicable at the time you took the loan/card/mortgage.

A ‘demands and needs’ questionnaire.

Copies of all statements applicable to the loan/card/mortgage.

Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

Copies of all recorded telephone calls or transcripts of the recordings.

Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

Do not be fobbed off by them citing issues such as relevant filing systems.

If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.

Mis-sold PPI? Want your money back? use these links to help

Tons more in the last link you just have to do some homework before you act.

Any questions just post them up in your thread.

aa

Hello babbit and last poster Mystery,

firstly Mystery I assume the figures you post are:

£2300+ PPI £400+ interest.

Red the PPI premiums
Green the compensation
Blue the interest at 8% statutory

Can you please confirm the above. Many thanks


IMO you will probably only get the 8% statutory interest and no contractual. You would be advise to consider this before refusing as if you go to the fos it would be months before you get a result and the FOS also seem to only accepting PPI refunds of the premiums paid plus the 8% statutory.

aa