Thread: Smackbat v Egg

Have sent my SOR?(is that correct) request today. I've also requested that my account be placed on hold while this whole process goes through? Sorry, I haven't had the time to go through all these threads yet, don't want to ask duplicate questions?

Will keep you all posted.

G

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Hi Smackbat-
Its SAR (Subject access request)

Good Luck to you and yes,.....
Please keep us ALL posted.

Love AC

If you're able and you have an outstanding balance, it's best to continue to pay it off so they can't retaliate by defaulting you or applying adverse markers to your credit files

Originally Posted by angry cat

Hi Smackbat-
Its S.A.R - (Subject access request) (Subject access request)

Good Luck to you and yes,.....
Please keep us ALL posted.

Love AC

THat's the one, thanks

Originally Posted by Tobes

If you're able and you have an outstanding balance, it's best to continue to pay it off so they can't retaliate by defaulting you or applying adverse markers to your credit files

Excellent, thank you. Been reading about Egg and they look like right f***ers to deal with

Recieved the usual response requesting proof of ID, sent a secure message

"Hello,
I have recently received a letter in response to my letter requesting release of data under data protection laws. I find it obsured that you require me to send you proof of my ID. Please accept this secure meassage as proof that I do require this information. As I can view my account, process payments and amend my personal data from here, I assume that you receiving this message is proof enough that I am who I am.
Best Regards
xxxxxxxxxxxxxx"

Ok bit of an update. Received a response on the 9th saying that someone would contact me re my last secure message. almost a month later and nothing. Have just sent them a message sayin that the 40 days is almost up.

I'm really ****ed off now, received a message yuesterday saying that they can not accept a secure message as proof of my ID!!

How can they not accept this as proof of identity? If I can amend my personal details, make payments, view all my account information etc etc surely it is the account holder that is doing this?

Unless they don't believe their messaging system to be secure!

They are just stalling for time now, they haven't cashed the cheque I sent originally and now they want me to start over again! If I request they cash the original cheque and send them proof now do they have 40 days from the original request?

Advise please.

"Dear xxxxxxxxxx

I'm afarid we're unable to take a secure message as proof of ID.

As soon as we have received your payment and identification document we'll start processing your request and you'll get your information within 40 days of us receiving those documents.

If you pay the ?10 charge by cheque, you won't have to pay the standard cheque handling fee that is applied to cheque payments made to an Egg Card.

If you require any further information please contact us by sending a secure message.

Thanks for your message.

Regards

Helen Moorehead
Internet Customer Services




-----Original Message-----


Date: 02 Nov 2006
Time: 17:42
Subject: Data Protection Request

Good Afternoon,

I have not had any response to my previous correspondence after the 9th October 2006. Please be aware that the 40 day period for releasing my details under the data protection is to shortly expire. If I do not receive the information I require I shall have no choice but to lodge a formal complaiint.

Rgds
xxxxxxxxx



-----Original Message-----


Date: 09 Oct 2006
Time: 09:52
Subject: Data Protection Request

Dear xxxxxx

To ensure you get the right answer to your query I've passed your message on to our Borrowing Team. I've asked that they contact you shortly.

Please ensure your contact details are up to date, you can do this online by clicking on the 'Personal details' tab at the top of the page you're now on.

Thanks for your message, if there's anything further I can help you with please feel free to contact me.

Regards

Kelly Withers
Internet Customer Services



-----Original Message-----


Date: 06 Oct 2006
Time: 14:54
Subject: Data Protection Request

Hello,

I have recently received a letter in response to my letter requesting release of data under data protection laws. I find it obsured that you require me to send you proof of my ID. Please accept this secure meassage as proof that I do require this information. As I can view my account, process payments and amend my personal data from here, I assume that you receiving this message is proof enough that I am who I am.

Best Regards
xxxxxxxxxxxx "

I've just sent this in response, one that I found in an earlier thread

Further to your letter email dated 06/11/06 I am writing to you via your Secure Web Messaging service to confirm that I xxxxxxxx of xxxxxxxx wish to confirm my identity for the purposes of my written request for a Subject Access under the Data Protection Act dated 28/09/06.
Details on your own website state that I can use the Secure Messaging Service to request this service as quoted below.
"What products and services can I use secure messaging for?
You can communicate with us using secure messaging about all of our products and services, even ones you don't currently hold."
As the address that I require the DSIR to be sent to is the same address that you currently hold on your files in relation to my accounts, and the fact that I have responded to your letter of inquiry for validation of identity, and the fact that I am using your own secure messaging system which verified my person at login, is more than enough validation of the fact that I am the one and the same xxxxxx of xxxxxxxxxx.
Please therefore continue with the DSIR that I submitted as requested. I am taking this email as more than satisfactory verification of my person and you have 40 days from the date of the original request which you would have received on 29/09/06, along with the cheque for £10 with which to comply. Failure to take this email as such verification of my identity and my address will be seen as yourselves effectively saying that you don't trust your own secure messaging system, a matter with which I will happily take further.
Being that the original request was made more than 40 days ago now, I am allowing a further 7 days in which to respond otherwise I will be forced to sent a letter of non compliance to the suitable authorities.
Rgds
xxxxxxxxxxxxxx

Finally Egg have accepted the secure message as proof of ID!

However they are saying that they now have 40 days as of 9th November to send me the statements.

Seeing that my initial request was made over 40 days agao and I sent the first secure message that they didn't respond to almost 40 days ago, I believe that I now have a case of non-complience.

Now I can either make an official complaint for non-complience, or let it slip to show that I am a reasonable person?

What does everyone else think? Will this actually make any difference to the final outcome? I don't think so.

Smackbat

AH HA! Got it over XMas and have not done anything with it yet. Just tallied up my charges and I'm sitting at £868. A lot less than I thought really, obviously not as bad with my money as I thought.

Now to add the interest, which is confusing me a bit. I understand the whole 8% per annum having already done a claim with a bank. However I'm a little unsure about the compound interest and how to work it out. I'm gonna start hauling through the endless threads here but if anyone can point me in a particular direction it would be appreciated.

appy new year to all, and it's nice to see the Egg has finally well and truly cracked!

Well ignore that last request for help as I have found the answer I'm looking for.

In the info they sent I can see no mention made of me having ever requested payment protection which puts my total claim to £1,852 with compound interest over 6 years of £709 to be added to that, so happy days!

Now to send my initial request and see what they do, I'll also ask for a copy of my original signed agreement - you never know I might get lucky!

Rgds
Smackbat

Great, logged onto my account today to find that Egg are placing a default against me. Despite the fact that my account has been in dispute since August 2006 and it is there fault that
1. 100% of my debt is made up of illegal and unfair charges
2. They took so long to send me my statements becuase they were asking for ID which they eventually didn't need.

I have now sent this letter to the Lovely Jenny Gordon

Notice pursuant to s.10 of The Data Protection Act 1998.

Re: account no. xxxxxxxxxxxxxxxxxx
Account holder. <(o.o)> Smackbat
Address. xxxxxxxxxxxxxxxxx

Whereas I have been a customer of Egg PLC since before December 2006, and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I or do I consent and neither was it within the contemplation of the parties to the contract that I did or do consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.




Yours Faithfully,




<(o.o)> Smackbat

I will then call her next week to ensure she has received this and will act accordingly.

Hello Jenny, incase you are reading this, please don't try any delaying tactics. We are all fully armed with the information we require to ensure we receive fair treatment. I will not be bullied, delayed or forced into dropping this matter so please do not waste your time. Good bye!

<(o.o)> smackbat

Arrrrrrrrrrrrrrrrrrrrrrrr rrrrrrrrrrrrggggggggggggg g! Received a letter from John Claybrook the collections manager today saying Default Notice, blah blah blah I need to pay the overdues by the 7th of Feb or they will demand the full settlement.

Now is it me or have they now ignored my last letter? They are really starting to **** me off now. So I have replied now sent off my first request for payment, it goes a little like this.

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


17/01/07


Request for repayment of charges



Dear Sir/Madam,



ACCOUNT NUMBER: xxxxxxxxxxxx


My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.
I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require
I calculate that you have taken £888 plus £288.80 in compound interest. Total £1,176.80.

I also calculate that you have charged me Credit Card Repayment Protector charges of £1064.24 plus compound interest of £424.53. Total £1,488.78. This is not a service I recall subscribing to, and indeed in the information I requested in my Data Protection Request, I can see no evidence of me having ever signed up to this service. Therefore I reclaiming the Credit Card Repayment Protector charges until this has been proved otherwise.

I enclose a schedule of the charges which I am claiming with this letter a grant total of £2,665.57 correct as of today.

Additionally
You have served me a default notice to take effect on 7th February 2007. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

I have already written to Jenny Gordon the data protection manager to request that this action be ceased! I have enclosed a copy for your information

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.


My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.


Yours faithfully,





<(o.o)> Smackbat

Make a request under the Consumer Credit Act 1974 for a copy of the Credit Agreement between you and Egg and...dont forget to include a £1 PO, which is the statutory fee.

Love AC

Originally Posted by angry cat

Make a request under the Consumer Credit Act 1974 for a copy of the Credit Agreement between you and Egg and...dont forget to include a £1 PO, which is the statutory fee.

Love AC

Thank you AC

Originally Posted by countrybake

good luck smackbat going for all 3, this is what i have done its a long battle but we will win, i am just waiting for a court date now from off the judge.
CB

Thanks. Was beginning to think I was posting these forums to myself and no one was reading them!

Good luck also, I can't wait until I don't have to think about this anymore. I might have to claim for emotional distress as this is really stressfull.