EGG Mr P Card Repayment Protection premiums Court Claim Help please.

[phatram]

I have asked Egg three times in the last week for details of my Egg card account which I paid off in July 2005 and up to now I have been totally ignored.

Thought they guarantee an answer within 24 hours if you use the famous Egg secure messaging service? Evidently not, when they know they've ripped you off for hundreds in unlawful charges. O well, another to add to my list of enemies !!!

:D :D

[angry cat]

Humpty Dumpty's messaging service normally takes 72 hours to respond!?

 

Personally, I think it is better to use the old fashioned method...put pen to paper and write a letter. Thus Humpty has to respond in writing !

 

I wish you luck

 

Love AC

[Hollydoll]

Hi they responded to my request for my closed egg card number within 24 hours although they said that they did not understand my request.

[phatram]

Can anyone help? I have asked Egg for proof that I requested CCPPI and they have told me that I requested the cover by leaving an online box ticked, therefore having no proof. I can't remember doing this, but obviously it is my word against theirs. They have been taking 40.00 per month off me for quite a while, and I hadn't really noticed it on my statement until now!

Any advice gladly accepted!!!

[hellhasnofury]

Hello,

 

 

Have you sent a full subject access request (costs £10) to get all of the information on the account. and I mean all information on the account. Normally they just send statements.

 

Maybe while you are at it send them a request for the origingal credit agreement. You will find it in this sticky. Letter N it costs a £1. It will be very interesting to see what the send, as you did it over the internet:eek:

 

When you have got all you info, then reclaim back every penny that they have taken form you:D

 

If you need help, just ask:D

[phatram]

Cant find letter N

Link to it please.

Thanks

[hellhasnofury]

Cant find letter N

Link to it please.

Thanks

 

Hello,

 

Many apoligies forgot to put in the thread you can find it in the general forum.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Letter N

[phatram]

Thanks

[phatram]

CCA request delivered 11/06/07

[phatram]

Card agreement has arrived and there's no evidence I requested PPI.

What do I do next?

[hellhasnofury]

Card agreement has arrived and there's no evidence I requested PPI.

What do I do next?

 

Hello,

 

Have you got a list of all the ppi payments that they have taken from you??

 

If so put them on a spreadsheet which works out the interest from the date of the payment taken. You can claim the contractual interest they charged you if you wish to. or just ask for the 8% the courts would allow if it went to court.

 

You find the spreadsheets in the bank letter templates on the front page of the forum.

 

Then send a preliminary letter requesting the payments back:D

 

Good luck

[phatram]

Thanks

[phatram]

Hi,

anyone got a prelim template for ppi please?

thanks

[hellhasnofury]

Hi,

anyone got a prelim template for ppi please?

thanks

 

Hello,

 

I knew that would be your next question:lol:

 

I think there is a prelim letter in the ppi information sticky thread at the top of the ppi threads.

 

This is one I sent to a big company, Maybe read, use all or some of it and amend it to your own details.

 

Be aware that they will deny mis-selling, blame you for signing etc and etc, but be persistant and it will pay off:D

 

Dear Sir or Madam

Name: XXXXXXXXXXXXXXXX

Loan Account no: XXXXXXXXXX

I write in response to my recent Subject Access Request dated 14th January 2007. I thank you for your information. After reading the information it has now come to my attention, that the loan account no XXXXXXX, which I took out on the 4th April 2001 had payment protection insurance applied to it. the loan was for £XXXX plus £XXXXX charge for credit/ interest. The payment protection insurance was calculated by yourselves at £XXXXX. Total amount of money payable £XXXXX over XXX years and I would assume unless otherwise directed by yourselves that 8,9% interest on the ppi of £XXXX was included into the interest applied to this loan. The insurance policy no of the payment protection insurance is XXXXXX. I have never received any policy or terms and conditions regarding this policy. I have received this information from the SAR you have recently sent to me

I am extremely disappointed that your company have conveniently failed to locate any copies of Contracts regarding the loan. I feel this statement hard to believe that you cannot locate these documents and by law under the data Protection Act 1998 and the Limitation Act of 1980 you must supply me with this information. There was another loan running prior to the above loan which I have also request information about. I shall be reporting this matter to the Information Commissioners Office.

When I took the loan with your company, I was not given offered a full and detailed explanation of payment protection insurance and was lead to believe by your company/representative that it was part of the conditions of the loan. I have thought that for the last five years and more. It has only become apparent to me after the recent coverage by the media, and following the recent OFT and FSA investigations regarding the mis-selling of ppi by finance companies.. This is when I requested the Subject Access Request. Regarding the loan with the ppi applied, I believe I that I have been gravely mis-led and have been mis-sold this expensive insurance that I did not need or want.. At the time of this application I was enduring financial difficulties and being my main bank account of this you were well aware. I am frankly shocked that you have operated my loan account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

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.

 

 

Firstly, I understand that at the time I entered into the loan contract with you your bank was running an incentive scheme to encourage your employees to sell PPI schemes, as were several other High Street banks. This information was posted on a public website in September last year:

 

 

SECRET documents leaked from two major banks show how bosses get their staff to sell big loans and the profitable insurance policies that go with them Commission tables for the RBOS and NatWest reveal a score system in which bank workers amass disproportionally more points for selling larger loans and for those sold with insurance - sparking fears that inappropriate products are being pushed

.

In-branch customer service advisers are able to earn a quarterly bonus of £1,200 if they consistently reach a weekly target of about 2,700 points over three months and if their branch also reaches its three-monthly target. Staff earn 30 points if they sell a customer a personal loan of between £3,000 and £4,999, but they earn 90 points if the loan is sold with payment protection insurance - the controversial cover that is supposed to pay out if a borrower loses their income.

 

I was not aware of this and even if it is untrue, I consider that there was a clear conflict of interest between your fiduciary responsibilities to me and the direct selling by your employees of PPI schemes, given the very large profit margins they generate.

 

When I took the loan/loans with your company, I was not offered a full and detailed explanation of payment protection insurance and was led to believe by your company/representative that it was part of the conditions of the loan. I have thought that for the last five years and more. It has only become apparent to me after the recent coverage by the media, and following the recent OFT and FSA investigations regarding the mis-selling of ppi by finance companies.. This is when I requested the Subject Access Request of the 14th January 2007.

Regarding the loans with the ppi applied, I believe I that I have been gravely mis-led by your company at a time when I was facing financial difficulties and have been mis-sold this expensive insurances that I did not need or want.. At the time of this application I was in full-time employment with no risk of redundancy ,a fully paid salary for 6months of sickness, had a generous life insurance and critical illness insurance policies.

 

No attempt was made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it at all. No inquiry was made as whether I had pre-existing insurance for accident, illness or unemployment. I was not given a copy of the insurance policy nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, your duty of care.

 

Secondly, I understand under the Consumer Credit Acts and following a House of Lords judgment, that you are not allowed to make a loan conditional on taking PPI unless you include the costs of PPI as part of the charge for credit and not the credit itself.

 

You did not do this. You added it to the total for credit and then charged me further interest on the premium on top of the interest for the loan. This is unacceptable.

 

Finally I believe insurance contracts are contracts uberrimae fidei (contracts of the utmost good faith) which imposes on you a “duty of disclosure of all material facts because one party is in a strong position to know the truth.” Inter alia, I believe that you should have disclosed to me that the type of policy you sold me, a single payment premium, did not give a pro-rata refund in event of early settlement. I believe you should have made it clear to me that the policy generated large profits for you. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law.

 

What I require

 

Your concealment of the act of mis-selling has prevented me from asserting my right until now. I believe that there are strong grounds for action against you under common law, statute and consumer regulations.

 

The original premium was £xxxxxx added to the loan amount on the 4th April 2001. I presume that interest at 8.9% was added to this amount.(unless you can inform me otherwise). Interest £xxxxx Total amount £xxxxxx. The Statutory 8% interest (S69 of the County Court Act) allowed by the Courts will amount to £xxxxx Making the total amount payable at the Court Stage £xxxxxxxx.

 

My targets to resolve this matter

I am writing to ask you to refund the premium paid together with interest equal to your APR at the time under the accepted principle of mutuality and reciprocity.

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 this 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 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 faithfully,

 

 

 

xxxxx

 

When I sent this letter, they did respond by offering a goodwill gesture of 50% of what I have actually paid. The policy was still running although the loan had been settled. Beggars belief:eek: I then told them to cancel and give me a breakdown of payment I had made to them. When they gave me the breakdown. It came to light that they had charged me 8.9% interest on the premium every year for ten years:eek: It works out that in fact they had charged me 89% of the total premium, nearly £4,000 on a policy of £4,600. When I then questioned this extortinate interest, they paid up the whole amount, plus the interest they charged.

 

I am telling you this to keep your wits about you and question and question everything, do not believe a word they tell you, they will try and baffle you with figures.

 

Threaten court within your letters, but do not rush to do it, until you have all of the information you need get them in a corner and running scared.

 

[phatram]

Many thanks.

[phatram]

Private and Confidential

This letter is about

your complaint

It was sent to you on 2 July 2007

 

Reference

 

 

Dear Mrs XXXXXXXX

Re: Your Egg account XXXXXXXXXXXXXXXXX

Thank you for your letter dated 26 June 2007 with regards to your complaint about the Card Repayment Protection premiums on your Egg Card account.

As stated in my letter dated 4 May 2007, the Card Repayment Protection cover was applied to your account after you completed a balance transfer online for £500.00 on 29 August 2006. I am sorry but my decision still stands and no refunds will be made.

If you are unhappy with my decision you can now refer your complaint to the

have enclosed their leaflet for your

 

Financial Ombudsman Service, convenience.

Contacting us

We're open from 9am to 5pm Monday to Friday (excl. Bank Holidays)

 

To talk about this letter you can-

Call us on: 08007 834 393 E-mail us at: [email protected]

 

 

 

 

If there is anything in this letter that you wish to discuss or needs further explanation, please don't hesitate to contact me using the contact details at the side of this letter. Alternatively my direct number is 08007 834 393 ext 6162.

Yours sjflcerely

Write to us at:

Customer Relations Office

Egg

Riverside Road

Pride Park

Derby

DE993GG

 

Jackie Bradley

Customer Relations Adviser

Egg pic

a trading name of the Egg group of companies which includes: Egg Financial Intermediation Ltd (reg no 3828289) and Egg Banking pic (reg no 2999842). Egg Banking pic and Egg •-

[phatram]

Can I now send LBA or do I still have to wait 14 days from the prelim being received?

[hellhasnofury]

Can I now send LBA or do I still have to wait 14 days from the prelim being received?

 

Hello,

 

There letter is just a standard get-losted and leave us alone letter.

 

So now send them your LBA letter when the first deadline expires. fourteen days from the first letter. You have to show the coourt that you have given them the time:eek: They may actually ignore the second letter and at the end of that deadline, its court or try the FOB.

[phatram]

Sorry

I've been putting this in wrong thread.

It should be here,

http://www.consumeractiongroup.co.uk/forum/egg/101348-mrs-p-egg-ccrp.html

[cocktail]

Hi, help needed on a ppi from tesco credit card, they have sent me my statements and i have paid ppi for 5yrs + cancelled it last year no probs, it has come to my attention on recently that alot of these ppi are not for s/employed, or for people that work 16 hrs or less, retired etc. At the time i applied for my card i worked p/t (at tesco's, Ha) worked 15 hrs and was also s/employed (trying to build my business up) I was not ask if i wanted ppi but did query it when it appeared on my statement, was told it covers sickness, out of work and accident, so i left it a that thinking i'm covered. Obviously now i know what i know, can i claim for misselling me ppi that on both counts would be void, 1= i was s/employed and 2= only worked 15 hrs, non of these question were ask me at the time all she said it covered if i was out of work. Please advise. thanks

[hellhasnofury]

Hi, help needed on a ppi from tesco credit card, they have sent me my statements and i have paid ppi for 5yrs + cancelled it last year no probs, it has come to my attention on recently that alot of these ppi are not for s/employed, or for people that work 16 hrs or less, retired etc. At the time i applied for my card i worked p/t (at tesco's, Ha) worked 15 hrs and was also s/employed (trying to build my business up) I was not ask if i wanted ppi but did query it when it appeared on my statement, was told it covers sickness, out of work and accident, so i left it a that thinking i'm covered. Obviously now i know what i know, can i claim for misselling me ppi that on both counts would be void, 1= i was s/employed and 2= only worked 15 hrs, non of these question were ask me at the time all she said it covered if i was out of work. Please advise. thanks

 

Hello Cocktail

 

Welcome to the club, Yes it does sound that it was mis-sold and I would claim it back. Start you own thread on the ppi section so we can help:D

[reidnet]

Ahh, Good to see Tesco's making an appearence now too.. Will be very interested to see what their response to your complaint will be.

 

Good Luck

 

Ian

[phatram]

Thank you for your letter dated 16 July 2007 with regards to your complaint.

As stated in my letters dated 4 May 2007 and 2 July 2007 my decision still stands and no refunds will be made with regards to the Card Repayment Protection that was accepted by you when actioning a balance transfers online with Egg.

Please note that I will not be entering into any further correspondence with you and I would suggest if you are not happy with my decision you can refer your complaint to the Financial Ombudsman Service. I have enclosed a leaflet for your convenience.

Contacting us

We're open from 9am to 5pm Monday to Friday (excl. Bank Holidays)

To talk about this letter you can:

Call us on: 08007 834 393 E-mail us at: [email protected]

 

 

 

Yours smcerely V

Jackie Bradley

Customer Relations Adviser

Egg pic

 

Should I file at court or use the FO?

[hellhasnofury]

Thank you for your letter dated 16 July 2007 with regards to your complaint.

As stated in my letters dated 4 May 2007 and 2 July 2007 my decision still stands and no refunds will be made with regards to the Card Repayment Protection that was accepted by you when actioning a balance transfers online with Egg.

Please note that I will not be entering into any further correspondence with you and I would suggest if you are not happy with my decision you can refer your complaint to the Financial Ombudsman Service. I have enclosed a leaflet for your convenience.

 

Contacting us

We're open from 9am to 5pm Monday to Friday (excl. Bank Holidays)

To talk about this letter you can:

Call us on: 08007 834 393 E-mail us at: [email protected]

 

 

 

 

 

 

 

 

 

Yours smcerely V

Jackie Bradley

Customer Relations Adviser

Egg pic

 

Should I file at court or use the FO?

 

Hello,

 

Well they don't like to play the game do they:lol:

 

It is your choice at the end of the day/ If you use the Fos, it may take a while, I do believe they are very busy, with everybodies compliants. Maybe give them a call for a taster.

 

If you do get nowhere with the fos, you can then go to court.

 

You cannot use the court and then go to the fos.

 

It depends on how much of a rush your in.

[phatram]

Thanks.

Could anyone link me to a P.O.C which deals with the fact that I didn't request this insurance as I'm self employed and I never have it.

The only ones I can find seem very complicated and don't really address the only issue as to why I'm reclaiming it.