Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
The following is the preliminary letter that I have just sent to Egg asking for a refund of premiums, interest compounded and I am asking for compensation re the mis-selling in order that my account will be brought back to the status quo.
"February 21, 2007
Mr. John Murphy
Egg Banking plc
Governor’s House
Laurence Pountney Hill
London
EC4R OHH
Dear Mr. Murphy,
COMPLAINT RE: MIS-SELLING OF PAYMENT PROTECTION INSURANCE, REQUEST FOR RETURN OF INSURANCE PREMIUMS, COMPOUND INTEREST AND COMPENSATION – ACCOUNT NUMBER XXXX XXXX XXXX XXXX
I applied for a Boots Advantage Credit Card on or around July 2001 (XXXXXXX) Upon my Application, I took out the offered package Boots Advantage Credit Card Repayment Protection Insurance, of which there was no choice of an alternative, nor cheaper insurance offered to me, simply the package insurance offered on the credit card application form in a secondary section of the application form, I was not provided with full information about policy limitations or exclusions and there were no keyword facts.
When I took out the insurance, I was led to believe that the insurance would cover the credit card payments and balance should I become ill, unemployed or die. I would not have taken out the extremely expensive insurance, if I had known, at the point of sale, that this was the not case. I have since found out that this is not true. I therefore consider that I was originally mis-sold this expensive insurance for the following reasons:-
I became unwell in June 2002, however because I expected to recover within a reasonable time I did not register my insurance claim with you until 19 November 2003 in writing, when it became clear that my illness was going to continue for some time, I then telephoned 4 December 2003 and followed that phone call with an email, asking again for a Claim Form. Eventually...the receipt of my claim was not acknowledged until 27 January 2004. Together with the fact that the 1st insurance payment was not paid into my account until statement dated 17 March 2004, four months after notifying you of my illness. Although my insurance claim was eventually accepted, it was not backdated to the start date of my disability? Eventually the insurance came to an end that is after 10 irregular payments had been made instead of the stated 12 as stated in the policy.
My illness became long term and I am still unwell to this date. My insurance premiums have been paid from the day I took out your rip-off insurance, all through my first claim and up to 21 June 2006, at this point I was in dispute with you over Unlawful penalty charges. I discussed making another claim on my insurance with my doctor but because of your unfair ‘Limitation and Exclusion’ clauses my doctor considered that it would cause me undue serious stress to make the claim, although he did suggest I write a letter to Egg on 15 June 2006 making it clear to the bank (Egg) that I have been ill since June 2002 to date and enquire as to why, I cannot make a claim as my insurance premiums have been paid. However, at that time I was experiencing so much stress with Egg over Unlawful Penalty charges plus the Unwarranted default that Egg had registered against me which has still not been removed. It is only now that I can summon up the energy to challenge the insurance that you have mis-sold to me.
Therefore, even though I have paid out a substantial amount of money for your poor and risky insurance cover, which I could have purchased elsewhere at far lesser premium, (if I had know at the time of purchase) I am precluded from making a claim due to your Unfair contract terms which are limited by exclusions.
Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time 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.
Firstly, I understand that at the time I entered into the contract with you, your bank was running an incentive scheme to encourage your employees to sell PPI schemes, as were several of the other banks. [Quote] “Bosses and Managers turn a blind eye to ‘mis-selling’ because they get bigger bonuses and cash incentives, commission etc” “Failing to hit targets would be a greater crime than mis-selling PPI”. No attempt was ever made to ascertain if the product provided was suitable.
What I require
Your concealment of the act of mis-selling has prevented me from ascertaining my right until now. I believe that there are strong grounds for action against you under Common Law, statute and consumer regulations.
I demand that you refund the £1,267.12 premium charges with interest at 16.9% compounded from 26 December 2003 to date of £456.68 totaling £1,721.80 plus compensation fro mis-selling that will bring my account back to the status quo.
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 period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that this time frame is sufficient for a large company such as yours with its 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 sincerely,
Angry Cat".
Any comments welcome and...hopefully the letter is good enough.
Thanks for your reply to my post in another section on Eggs DISGUSTING 'Credit Card Repayment Protector'.
I telephoned them asking them about how this charge was applied in the first place, and he said I'd requested this during the applicaiton process. I hope to god I hadn't missed something in my naivity back then, but I certainly wouldn't have opted for it having known. I said I'd require written proof of this, and he offered to send me a secure message.
That of course would just put in writing what he'd told me, so I declined and asked for specific evidence that I selected that option. He said the application forms received to them are 'read only' format, i.e. implying they could not alter them to their advantage.
I accepted and he said he will be sending me out written proof of my acceptance.
I look forward to seeing what they send.
Good luck with your claim. I hate Egg. My PPI amounts to approx £1020.
Nice letter Cat, will be watching to see how they respond to this one.
Phil, you could always submit a CCA to obtain a true copy oif the signed agreement, or a SAR and request full details of your account.
Good Luck to you Both
Ian
Lloyds TSB -PPI - Full refund . 05/09/06 (As Seen on TV)
Halifax settled in Full.. 22/09/06
TSB First Claim SETTLED IN FULL 19/10/06
Second Claim to Lloyds TSB - Settled in Full
Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07
PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.
If my post has helped you, please click the scales! :grin:
Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.
As you are probably aware I have been watching the PPI forum for some time trying to ascertain how I approach the credit card PPI issue. The majority of claimants on the forum appear to be in relation to Loan PPI as opposed to CC PPI.
Anyhow, I decided that I could not allow my issue to rumble along unchallenged!
I guess that I will get a bog off answer to my preliminary request, especially given that I am claiming against Egg who are now owned bt Citibank.
Pturner, I would definately make an SAR and CCA 1974 requesting a copy of your original executed signed Agreement.
REQUEST UNDER THE CONSUMER CREDIT ACT 1974 - ACCOUNT NUMBER XXXX
Please supply me with a copy of the original signed credit agreement between Egg plc and myself. This is my right under your obligation of The Consumer Credit Act 1974, you have a duty to supply a copy of the original signed executed agreement under the legislation contained within S.78(1), S.77(1) Consumer Credit Act 1974. However, in doing so you are entitled to make a charge. Therefore I enclose a postal order for the statutory sum of £1.00.
Non compliance with my request will result in a report being submitted to the relevant authorites.
Yours faithfully".
Make sure that you send your request by Recorded Delivery and keep a copy for your own file
I am reading this thread with interest as I am currently taking Egg to court re credit card PPI.
I never take out PPI but discovered 14 months into my credit card agreement that they were taking around £30 per month for PPI (I should really check my statements more regularly).
They are adamant that I requested PPI in my application (done online) however I know I did not (at least intentionally) request this.
Today is just a Directions Hearing but will need that for my court bundle later on.
I did apply online rather than complete a form.
The strange thing is that I never received anything from Egg to let me know about the PPI which was added onto the account.
They are insisting that I benefited from the insurance for 14 months, but would never have been able to make a claim because I never knew it existed, had no documentation to let me know what was covered or how to make a claim etc.
Will see how it goes. The claim was combined with a claim for bank charges which were refunded last week. Looks like they want to fight the PPI claim though.
Has anyone been successful in their claim against Egg for PPI.
Today is just a Directions Hearing but will need that for my court bundle later on.
I did apply online rather than complete a form.
The strange thing is that I never received anything from Egg to let me know about the PPI which was added onto the account.
They are insisting that I benefited from the insurance for 14 months, but would never have been able to make a claim because I never knew it existed, had no documentation to let me know what was covered or how to make a claim etc.
YOU SHOULD HAVE BEEN SENT AN INSURANCE POLICY
Will see how it goes. The claim was combined with a claim for bank charges which were refunded last week. Looks like they want to fight the PPI claim though.
Has anyone been successful in their claim against Egg for PPI.
I BELIEVE THAT SOME PEOPLE ARE CHALLENGING THE EGG PPI ON THE EGG FORUM
Egg replied with my Credit Agreement. Mentions NOTHING about PPI. I have replied asking where this information is?
They have also offered the difference of charges between OFTs £16 and the amount they were charging (£20). This was after a lba that the offer was made. Only amounts to 8X charges, so total £32.
Hi pturner, well it will be interesting to see how Egg reply?
Egg may well have offered you the difference between £16 and £20 = £32 However, as you know, they will have to refund all the monies to you including interest.
So do you recommend not accepting thier offer of £32 and requesting replayment in full? Thier letter quotes the OFTs ruling (and exception off Egg) to the £12 charge recommended to credit card companies by them. I dont know if I can, or how I can legally persue repayment in full with this ruling??
Thank you for your recent letter regarding the problems you have experienced. I have taken personal responsibility for responding to you.
Firstly, please accept my apologies for any inconvenience caused to you.
I have investigated the situation and set out the summary of my findings for you.
What I Understand your complaint to be about:
* You feel that you have been mis-sold Card Repayment Protection when you applied for your Boots Advantage Credit Card in 2001 as you were not provided with full information about the policies limitation and exclusions.
* At the time of application you were not informed of other policies that were available on the open market.
*You were led to believe that the policy would cover you against illness unemployment or possible death and you would not have taken the cover if you had known that this would not be the case.
What My Findings are investigating it:
* After viewing your letter dated 21 February 2007 and speaking with Card Repayment Protection they have informed me that you were successful in claiming the amount of £6294.00 on your Egg card.
* The reason why Card Repayment Protection only paid ten months was due to this being the timescale it took to clear the balance of your egg card.
* The policy was paid from November 2003 until August 2004.
* As stated in your letter, you applied for the Card Repayment Protection when you first took the Boots Card in 2001. When you applied for the Card Repayment Protection you are sent an information pack that explains the terms of the policy.
* Egg has no legal requirement to inform customers of other insurance products available on the open market, only products that Egg sell.
Due to the above information, I am sorry to inform you that I cannot uphold your complaint, as you were successful in claiming on Card Repayment Protection in November 2003. I do not feel that this policy was mis-sold to you in any way.
You now have six months from the date of this letter to take your complaint to the Financial Ombudsman Service.
Craig Carroll - Egg Customer Relations Adviser".
Well, I knew that I would receive a 'Bog Off' reply but they have either failed to comprehend or this is jsut delaying tactics, putting obstacles in the way.
Yes, I did make a claim in 2003 when I first became unwell, the claim was eventually accepted and payments begain in March 2004 and finished in August 2004. I had thought that the balance would have been cleared but that was not the case. My illness had become longterm and I have maintained the monthly insurance premiums up to June 2006.
However, I was/am precluded from making another claim even though I have paid for the Egg insurance all through my first claim up to the point when I started to reclaim the penalty charges that were applied to my account recently.
This is where any similarity to any form of normal insurance cover comes to an end, with insurance for motor vehicle, home contents or commercial liability one can make additional claims but with PPI the same procedure does not apply!?
Anyhow, I would welcome your comments about the above Egg response letter and where do I go from here?
Angry Cat V Egg Credit Card Ppi
asking for a refund of premiums, interest
Reply With Quote
Re: Angry Cat V Egg Credit Card Ppi
(As Seen on TV) 
Originally Posted by kevcam
