Thread: Angry Cat v Egg** Egg smashed at last**

Hi Guys-
Advice please!
I have today sent both the Library preliminary letter plus DPA disclosure request to Egg
Pride Park
Riverside Road
Derby DE99 3GG

The reason that I have sent both is that I have had my credit card changed four times by Egg. The most recent account number statements can accessed on their website and as they recently fined me 3 lots of £20 =£60, I decided to send the preliminary letter asking for the £60 to be refunded. The EGG penalties have caused my account to go over limit - resulting in fines
As I have had an Egg card since 2001 but the account type and number has changed three times, I decided to send the DPA request and quoted the relevant account numbers and I know that there were penalties! but not sure how many?

Hopefully, I have done the right thing here-
Anyhow, will keep you posted.
angry cat

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No Response from Egg yet? and...
they have just fined me another £20 !

An over limit fine, caused by their charges-

I will be kind and give them a few more days to respond to the (Library) preliminary letter sent 12 April 2006 plus additional DPA disclosure request because of the Easter holiday break. However, I have not even received an acknowlegement of my letter and or additional DPA disclosure request?
Under the FSA rules they are required to answer or acknowledge a COMPLAINT! within five working days...
Ummm Egg appear to be above the regulators.

angry cat

Hi Jonni2bad-

Yes, I agree that Egg would not allow me any extra time to pay and they are not!

My claim is slightly complicated, because I sent off the preliminary letter which related to the refund on fines and over limit fees that show on my statements that are accessable on the Egg website. However this has now increased by £20.

The DPA disclosure request is for credit card statements from 2001 - 2005 which are not available on the Egg website, plus they have changed my account number several times?

I am sure that Egg are busier than usual ! However, they appear to have found time to send me a letter dated 20 April 2006-

From-
"Wendy Schratz - Head of Borrowing Management

Your balance is currently over your credit limit" "Each month your balance exceeds your credit limit you will be charged a fee of £20"

Of course, the reason that I am over the credit limit is because Egg continue to fine me.

Thanks
angry cat

Thanks for your response jonni2bad-

I actually sent the (Library) Preliminary letter-
plus the (Library) template DPA disclosure request for the statements that are not shown on my Egg account (Egg website)

Do you think that I should wait, until I receive the missing statements, before I send the Before Action Letter and or, subsequently make my county court Claim? and...
please correct me if I am wrong, but I am of the understanding that one does not have to pay the £10 for the DPA disclosure in regard of an internet account, because it is the responsibility of EGG to make ALL the statements available to an internet consumer?

Thanks
angry cat

Hi Guys !

I have been considering the OFT response 5 April 2006-

CREDIT CARD DEFAULT CHARGES UNFAIR

at the end under Notes 4 there is a reference to Egg-

"But for example, where a card issuer has a policy of requiring customers to pay minimum monthly repayments by Direct Debits, such as that operated by Egg, and offers credit cards only to customers that satisfy a relatively higher scoring requirement it may be able to set a fair default fee at a level above the threshhold"

I would be grateful to know the Bank Action Groups thought's on this?

Incidentally when I first opened my Egg credit card account, it was actually a -
"Boots" Advantage card powered by Egg.

Of course, I am in the process of making a claim, but wondered if the above statement, could affect EGG penalty claims.

Any thoughts?

Thanks

angry cat

Hi Guys-
Sorry to start a new thread but...
I wanted all Egg complainants to see my initial Egg response to the Library preliminary letter plus additional DPA disclosure request !

"WE'VE RECEIVED YOUR COMPLAINT

Dear xxxxxx

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 be back in touch to advise you of our progress. If you need to contact us in the meantime, don't hesitate to use the contact details at the side of this letter.

We will do everything we can to resolve this with you as quickly as possible. Here are the timescales that our regulator, The Financila Services Authority, requires us to work to. In the vast majority of cases we resolve problems a lot quicker than this.

1. We must acknowledge receipt of your complaint within five days.

2. If we are unable to resolve your complaint within four weeks of receipt, we must contact you and explain why. We must also give you an indication of when we will next be in touch.

3. 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) excercise 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 plc"

You will see that the letter make note towards contact details at the side of the letter-

Telephone - 08007 834 393
Email - cro.support@egg.com

Write to us at:

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

Please note, that Egg failed to respond to my letter with in 5 days and it is very clear that they either, do not understand the letter or simply ignore the implications!

Once again I apologise for the new thread, but I didn't want anyone making an Egg claim to miss this letter and...
I realise that the moderators may move this post to my thread - Egg Credit card have sent preliminary letter & DPA request.

Thanks

angry cat

Hi Jonni2bad-

Thanks for your advice -

The postman has just delivered the Egg reply-

I have just posted it on a new thread - Response received from Egg.
I realise that I should have posted the letter on this thread, but I was worried that it could have been missed by others who are making a claim against egg.

Thanks

angry cat

Hi Guys-
Just an update-

I have received this morning a letter from Egg relating to my "DPA disclosure request" and...I did send them the (Library) DPA disclosure request template letter.

However, I have received a letter from Egg this morning Friday 5 May 2006-

"Re Your Data Subject Information Request (DSIR)"

After looking at some of the other EGG posts in the forum, I expected EGG to request ID, which I think is crazy bearing in mind that I have a credit card with them, therfore they already have all my details on file, having said that, I realise that proof of ID is probaly required under the DPA rules. However, I had anticipated a request for a scan of my passport or Driving license, which would have made sense but it would appear that the ID that EGG require is only related to my financial details, I quote-
"please provide us with one of the identifiication documents listed below-
A bank, building society or credit card statement
A store card or catalogue statement
A utility bill"

Please note, that the above all relates to my financial status/ID, it seems very odd that neither passport nor driving license are mentioned? which of course would be irrefutable confirmation of my identification.

The letter was signed - Jenny Gordon, Data Protection Manager

Curious !!! - Any thoughts?

angry cat

This is the paragraph regarding identity which I used in my DPA request:

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable, and my signature, hitherto accepted by you as an identifying mark, appears below.

Note the red portion; they simply don't need any further information. Write to them telling them this, reminding them that all the information they need about your request is in your initial letter, and reminding them also that the 40 day clock is ticking and will expire on <date>. On that very evening, initiate a complaint to the Information Comissioner and write to them telling them you've done that as your deadline has expired.

The signature you use is stored and analysed in their "systems" and is used to authorise spending from your account - the b*ggers can accept it on a letter as proof of identity.

Hi StoneLaughter !

I greatly appreciate your reply - Thanks

I believe that Egg are just being difficult and their request didn't make sense-

You are so right, they had my signature on the DPA disclosure request and they have replied to my unchanged address that has not changed since I opened the account.

I try to apply 'Common Sense' to things and the egg request didn't make any!

I will write the letter today, following your guidelines.

Thanks
angry cat

Hi Guys !

I have received a reply from Egg!

PLEASE NOTE THE FOLLOWING, TAKEN FROM THE OFT STATEMENT REGARDING PENALTY CHARGES, WHICH I HAVE PRECIOUSLY POSTED AND THEN READ THE LETTER FROM EGG RECEIVED THIS MORNING 9 MAY 2006

I have been considering the OFT response 5 April 2006-

CREDIT CARD DEFAULT CHARGES UNFAIR

at the end under Notes 4 there is a reference to EGG-

"But for example, where a card issuer has a policy of requiring customers to pay minimum monthly repayments by Direct Debits, such as that operated by Egg, and offers credit cards only to customers that satisfy a relatively higher scoring requirement it may be able to set a fair default fee at a level above the threshhold"

Letter from EGG

"COMPLAINT

Re Account

Thank you for your recent letter regarding the problems you have experienced. I have taken personal responsibility for resolving this for you.

Firstly, please accept my apologies for any inconvenience this matter has caused.

I have investigated the situation and set out the summary of my findings for you below.

WHAT I UNDERSTAND YOUR COMPLAINT TO BE ABOUT

You consider the charges made to your account in respect to over limit fees and unpaid direct debit fees to be unlawful and as such you would like these to be refunded in full.

WHAT MY FINDINGS ARE AFTER INVESTIGATING IT

The charges made to your account are correct and in line with the terms and conditions to which you agreed when you applied for your Egg Card account.
With regard to the Data Protection Act disclosure request you made in your letter, I can confirm that this has been passed to the relevant department.

Egg has noted the announcement by the Office of Fair Trading regarding credit card default charges. We are pleased that the OFT has recognised that Egg has prectices in place to make it as easy as possible for customers to pay their monthly credit card bill, which includes requiring them to set up a direct debit prior to receiving the card.

We have worked closely with the OFT throughout its enquiry and now intend to study closely the key principles set out in the statement.

In view of the above, I am sorry to inform you that I do not accept your complaint. Even though we do not accept your complaint, I still need to ensure that you are aware of your rights in relation to a complaint against us.

You now have six months from the date of this letter to take your complaint to the Financial Ombudsman Service.

I am sorry that we were unable to agree to your request on this occasion.

Yours sincerely

Cliff Housley
Customer Relations Advisor - Egg"

GRRRRrrrr!!

This is exactly the kind of response that I had expected to my (Library) template preliminary letter, in which I had enclosed a separate DPA disclosure request.
I felt sure that Egg would use the OFT statement wording to their advantage.

Therefore, although I know what the recent Charges are, I will now have to wait for the Results of the DPA disclosure request to ascertain what other fines were levied on my Egg account before I can make my Court claim. Presumably I will not receive these until after May 31 2006, which is when the banks are due to respond to the OFT statement.

I really am an Angry Cat today because the failed direct debits Egg refer to were only 12 hours late, because Egg collect their money at 12 midnight preceeding the day payment is required and then the system will not attempt to collect the monies for another 10 days - Result - Fines and... then more Fines!

One thing is for sure, I wil NOT be taking this complaint to the Financial Ombudsman Service, who are shambolic, incompetant and take forever just to look at a complaint.

Anyhow, I would be very interested to find out, what your thoughts are on the Egg reponse?

Thanks
Angry Cat

Standard response as usual but they've cut out the middle man (i.e. the preliminary letter you would normally send having counted up your money). Personally I would still send the prelim letter once you have received your DPA data, and counted your lolly. They will probably not respond this time as they have given you their final response and referred you to the fos. 14 days later send your lba letter and 14 days after that put in your claim the court.

Hi again StoneLaughter !

Fair comment-
However, I feel that it is important to remember that the OFT statement about default credit card charges does actually specifically refer to Egg... and rather than seeing myself ending up as a scrambled Egg. I would be extremely pleased to see 'Humpty Dumpty' 'Have a Great Fall' Therefore, It is important to take note of the words that the OFT have used in relation to EGG, in order that we can ALL be able to defend our claims.

I will re-send a preliminary letter, as soon as I receive all of my DPA requested statements.

Thanks again StoneLaughter for your advice and I apologise if I sound Angry.....!
but I am sooooo stressed out with these banks

Thanks
angry cat

Hi there. You might be waiting a while for the request as Egg took 49 days to send me my request from the date they got my cheque. I sent them a copy of a bank statement as identification. Would suggest you do the same.

I sent them a cheque for £10. When they added this to my account, they charged me £2 (!!!!!!!!!!) for paying by cheque. They then took £10 form my account the DPA request. Therefore my DPA request cost me £12. Keep an eye on your statements and make sure they've not take £2.

They send you a form to fill in about your DPA. You can fill this in if you want (some people on the forum advise that you don't). I did, and enclosed the following letter:

Dear Sir/Madam

In addition to the data requested in the enclosed form, please supply me with a complete list of transactions and charges relating to my credit card since opening the account. Alternatively a complete set of bank statements for that period will be acceptable. Omitting the previous twelve months of transactions and charges is not acceptable and must be included.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

I also wish to be advised of the logic involved in any automated decisions taken by you about me pursuant to section 7(1)(d) of the Data Protection Act 1998. Of particular interest is the logic involved in deciding the APR of both my Egg Card and Egg Money Card. I wish to know how you use the data from the credit reference agencies (and other related data) to determine my APR.

Furthermore, in the past I have been late in paying the minimum amount due in a particular month and subsequently charged a penalty. This is an automated decision and I wish to be informed of the logic involved in this charge.

You have 40 days in which to comply.

Yours faithfully,

This was customised to my particular needs. Would suggest, if you do fill the form in, that the data mentioned in the form is in addition to the data requsted.

Hi Pixxy-

Thanks for your message-
You were right I did have to provide ID, which is ridiculous! as Egg had my signature on the DPA request and that Egg had written to my unchanged address Anyhow, I just sent them a Building Society statement that I do not use very much, which they have returned to me
Incidentally, I did not have to fill out a form and I paid them with a postal order, because I thought that might be faster than waiting for clearance on a cheque

So, now I play the waiting game- it would appear that the forty days started when they had confirmation of my ID


angry cat