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

[wills7]

I have one youcould use but as i'm still waiting to use it in court i do not no whether it is any good yet - i can give you a basic template tho?

[wills7]

Have a look at this link

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/97989-bank-charges-ppi-costs.html

[phatram]

Thanks Wills

[ukaviator]

Phatram

 

Have a read through this area:

 

PPI - Consumer Wiki

 

There are a couple of links below which will help you get a Witness statement together.

 

PPI: Documents for Bundle - Consumer Wiki

 

PPI: Particulars of Claim - Consumer Wiki

 

It will take time to do, I am about later on, but i am Flying this afternoon and will have to go shortly.

[phatram]

Thanks UK

[phatram]

1. I, the Claimant, am a litigant in person in this case.

 

2. I make this Witness Statement in support of my claim against the Defendant for the refund of mis-sold Credit Card Repayment Protector insurance and interest thereon, levied to my credit card account by the Defendant bank.

 

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

 

4. I signed a credit agreement with the Defendant on 16/7/02.

 

5. On 23/9/04, I transferred balances of other credit cards to my Egg credit card. As admitted in the Defence, point 6, the option for CPR cover was not optional – it was pre-selected. I believe this was also the case when I entered into the agreement in July 2002

 

6. On 20th July 2007 Egg informed me they would be in touch with me shortly concerning my claim for CCRP. This they failed to do and I was forced to recommence my claim on 19th March 2008

 

7. On 19/03/08 I wrote to the Defendant, setting out the nature of my complaint and requesting that the Defendant refund the mis-sold insurance and interest.

 

8. Upon unsatisfactory response from the Defendant, on 07/04/08 I again wrote to the Defendant requesting a refund of said charges and advising I would file a claim should I not receive a satisfactory response.

 

9. Upon a further unsatisfactory response from the Defendant, on 28/04/08 I filed a claim at Derby County Court for the return of the charges levied by the Defendant, as particularised and detailed in the Particulars of Claim.

 

10. The Defendant acknowledged service of the claim on 29/05/08 ?

 

11. The Defendant filed its defence on 29/05/08

 

 

12. The Defendant maintains the insurance was optional , but at no time did they inform of this.

 

13. There is, in fact, no requirement to take CRP with the Defendant’s card and here I had been misrepresented and there had been concealment aimed at increasing revenue through staggering CRP commissions.

 

14. The defendant responded on 1/04/08 that their decision was final

 

15. The fact that on 1/04/08 and 19/06/08 the Defendant made offers of CCRP repayment makes me believe Egg plc have already admitted mis-selling this insurance.

 

16. The Claimant claims

i) Compound interest on the charges applied thereon to the Claimant’s account (“the principal claim”), at the annual rate of

22.9 %. This is the rate applied by the Defendant to the Claimant’s unauthorised use or borrowing of the Defendant’s monies, as provided for in the contract.

 

The Claimant’s case for claiming this rate is based in equity, and a legal requirement for fairness and balance.

 

The Claimant deems the Defendant’s principal indebtedness to the claimant to be unauthorised, since it is comprised of insurance charges that were imposed upon the Claimant, they were not explained and were in fact mis-sold, not advising the Claimant that alternative products were available elsewhere.

 

ii) In the alternative to e i), if the Court is unable to agree that the claimant is entitled to the contractual rates of interest, on the grounds stated, the Claimant avers that the defendant would be unjustly enriched if the Claimant’s entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercially compounded rates. On these grounds the Claimant seeks restitution of the compounded contractual interest at the defendant’s authorised borrowing rate of 22.9 % per annum.

 

iii) In the alternative to e i) and ii), if the Court finds that the Claimant is not entitled to contractual interest, the Claimant claims interest under section 69 of the County Courts Act 1984.

 

17. In answer to point 8 of the defence, I cannot believe that Egg can be so arrogant as to assume my claim to be an insignificant loss to myself. I of course have every statement to prove my loss.

Summary

18. The claimant believes the defendant has used the CPR as a means to hide the true costs of its “cheap credit-card”. This is something that many of the defendant’s customers must be suffering. Indeed the OFT and FSA have shown that CPR carries the largest commission of all insurances. The OFT has also shown that the PPI (CPR) is very often mis-sold, as it has been in this case.

The OFT and FSA have been very concerned over the behaviour of financial institutions with respect to PPIs. As such most financial institutions are now refunding mis-sold PPIs. Where this has not been repaid, there are many cases where either the FOS or County Court, have ruled in favour of the claimant.

 

19. The defendant has repeatedly misrepresented itself and concealed information in an attempt to keep the PPI alive.

 

 

20. The above summarised actions add up to, what the claimant believes, a planned and organised attempt to conceal the true costs of the defendants credit card account.

 

Conclusion

21. The Defendant, through varying manners, has taken the monies outlined from the claimant’s credit-card account, made obvious attempts to prevent access to information, tried to confuse the claimant and wasted the claimant’s time, all in an effort to maximise profits at the claimant’s expense. As such, the claimant requests all the monies requested and costs relative to the amount of time wasted. It is the understanding of the claimant that some county court judges have seen so much of this behaviour by the financial institutions that costs are often awarded in these cases.

 

22. Statement of Truth

 

I, the Claimant, believe the facts stated within this Witness Statement to be true.

 

Signed:

 

 

Should I add any more? and is point 17 perhaps a little strong?

Edited June 27, 2008 by phatram

[angry cat]

Don't forget that EGG was non-participant in the FSA Comparative Tables re: Credit Card PPI!

 

AC

[ukaviator]

Phatram, i am at work until the early hours tomorrow morning. I will post up some extras for you to add into the draft you have above. I have the details on my PC at home, so can't do anything just yet.

[phatram]

Don't forget that EGG was non-participant in the FSA Comparative Tables re: Credit Card PPI!

 

AC

 

Don't get this bit AC.

[phatram]

Phatram, i am at work until the early hours tomorrow morning. I will post up some extras for you to add into the draft you have above. I have the details on my PC at home, so can't do anything just yet.

Thanks UK

I have to post before 2pm as I'm off to Spain so if I miss what you post, thanks anyway for your help, and everyone else who has aided me.

[phatram]

Here,

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/135575-mr-p-egg-ccrp.html

Thanks

 

bump

 

Court at 2pm

Help !!!

lol

[TheChancellor]

 

Can't advise unfortunately.

 

Will just bump it up for you & wish you "Good Luck".

 

Go crack an egg LOL:grin:

[surfaceagentx20]

Hmm,

 

Just saw this and went to read the earlier thread.

 

Way too late in the day now, but me thinks you will regret not signing that Tomlin order. If it is at all possible to agree the same or similar settlement terms outside of court today, go for it. However, since by all accounts they will have showed up with a legal team that offer of settlement will most likely be off and you will be on your own to prove your case with their lawyers for opposition.

 

Wish I'd seen that one earlier. Good luck in any case.

 

x20

[FunkyFox]

I hope it went well. I fear another case of CAG Fever (similar to auction fever, where you get a bit carried away and lose sight of the original objective). Fingers crossed for you!

[hawk1979]

First of all i have the same problem with Egg and i have been dealing with a director and received a letter in the post today and in the letter is an amount that Egg are willing to pay me back. Which includes unpaid direct debit fees, Card protection Plan (CPP) and Card Repayment Protection (CRP). Egg have basically agreed to pay these charges back in full. The people I am dealing with and i would recomend everyone else to deal with are as follows.

 

Kathy Curzon 08007 834 393 ext 6157

Wendy Schratz - [email protected] ; [email protected]

 

Dont let them fob you off, I even had to file this in county court which cost me £25.00, I then emailed Wendy and told her that i had registered it with the court and hope that Egg pay in full as if it ends up at court it would only incure more money for Egg to pay out.

[phatram]

I received a letter in mid March from Canada Sq concerning PPI with Egg saying they owed me over a £1000 and that it would be sent to me within 20 working days of their receipt of my signed acceptance form. I immediately signed and returned the form and nothing !

 

I wrote a letter of complaint and over a month ago received the following,

 

 

 

Still not received the cheque,

 

What should I do ?

[phatram]

Or does anyone have a direct email address for these people? I've searched but can't find one.

[Andybars]

The FCA register lists the following contact details - it won't be the right department but he should be able to get things moving for you

 

44 020 7508 5031

- - -

[email protected]

-

[phatram]

Many thanks Andy.

[phatram]

Mailed Mr Nettleton and this came back !!!

 

 

Thank you for your email to the Financial Ombudsman Service.

 

First of all, we handle complaints only about financial businesses (like banks, insurance companies and finance firms). Our chief ombudsman, Natalie Ceeney, explains what we do in her online video on our website (www.financial-ombudsman.org.uk).

 

If your enquiry is about anything else, please look at the end of this email for details of other organisations who may be able to help you.

 

But if you:

 

• are thinking of complaining about a financial business or
• want more information about the Financial Ombudsman Service or
  
• have questions about a complaint you have already raised with us …
  

... here is some general information that may help with your enquiry – along with our contact details, in case you need any additional help.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

STEP 1 – complain to the financial business

 

We can’t step in to investigate a complaint until the financial business you’re unhappy with has had the opportunity to look at it first. So you need to complain to the financial business, if you haven’t done so already. There are two ways to do this:

 

1. You can contact the business yourself, asking them to deal with your complaint under their official “complaints procedure”.
   
2. You can phone us directly on 0800 0 234 567 or 0300 123 9 123 to discuss your complaint with us – and we can send details to the business for you. Our helpline is open Monday to Friday (8am-8pm) and Saturdays (9am-1pm).
   

Businesses normally have to complete an investigation of a complaint within eight weeks. If you are unhappy with the outcome of their investigation (or more than eight weeks have passed since you first complained) you can ask us to look into the complaint.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

STEP 2 – ask us to look into your complaint

 

If you want us to look into a complaint, you need to complete our complaint form and post it to us along with copies of any relevant paperwork you have received from the business. There are important time limits for bringing a complaint to the ombudsman service – so you need to act quickly. There are two ways to do this:

 

1. You can download our complaint form off our website yourself – then fill it in and post it to us.
   
2. You can phone us directly on 0800 0 234 567 or 0300 123 9 123 – we will take some details and send you a complaint form for you to sign and return to us. Our helpline is open Monday to Friday (8am-8pm) and Saturdays (9am-1pm).
   

Our postal address is:

 

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

what we can’t help you with

 

We can only look at complaints about financial businesses (like banks, insurance companies and finance firms). We can’t help with other complaints – for example, about phone and utility companies, council tax or legal services. The following websites might help you with those complaints – but they are completely separate from the Financial Ombudsman Service.

 

For complaints about gas and electricity suppliers:

• Ombudsman Services: Energy
  

For complaints about water suppliers:

 

• Consumer Council for Water
  

For complaints about phone, television and broadband services:

 

• Ombudsman Services: Communications
  
• Communications and Internet Services Adjudication Scheme (CISAS)
  

For complaints about councils:

 

• Local Government Ombudsman
  

For complaints about government departments and the NHS:

 

§ Parliamentary and Health Service Ombudsman

 

 

For complaints about legal services:

 

• Legal Ombudsman (England and Wales)
  

• Scottish Legal Complaints Commission (Scotland)
  

• The Law Society of Northern Ireland (Northern Ireland)
  

For help with benefits, housing disputes or fines:

 

• Citizens Advice (England and Wales)
• Citizens Advice Scotland (Scotland)
  
• Citizens Advice (Northern Ireland)
  

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

meeting your needs

 

We can provide information about our service in different formats and languages. And we can adapt the way we communicate with you – depending on your needs. For example, we can use Braille, large print or audiotape and we can make and receive calls using Text Relay (formerly known as TypeTalk).

Please let us know what your particular needs are, and we will do our best to help.

Confused !

[Andybars]

I'm even more confused - although I wouldn't be surprised at anything Citi do! - his phone number definitely works (and I get the impression he gets regular similar calls) - I have also got a number for their complaints team of 0800 015 6609 (which worked earlier this week although they appear to change it regularly)

[phatram]

Now this, Not happy. Booked a holiday :x:x:x:x:x

 

http://i701.photobucket.com/albums/ww20/bankbuster/frmcansqlauraball1001_zpsebf42638.jpg

 

http://i701.photobucket.com/albums/ww20/bankbuster/fromcansqlauraball2001_zps0cc37fc7.jpg

 

Any suggestions ?

 

bump

[dx100uk]

have you the evidence thy are correct?

 

sar time?

 

dx

[phatram]

I have nothing, they wrote to me saying they had made an error and owed me £1180 and would be sending it me within 20 days etc. After receiving the 2nd letter from them confirming receipt of my signed acceptance form and the cheque would be processed and sent to me within 20 days I booked a foreign holiday for us and our foster children, now this. I don't think £100 is going to compensate for this.

 

Where do I stand legally? After all they admit taking the ppi and that should refund me after a check by them and the FSA on my accounts but now have made another error? I will post original letters.

 

Original letter sent to me in March,

 

http://i701.photobucket.com/albums/ww20/bankbuster/cansqoriginal1001_zps730b0848.jpg

 

http://i701.photobucket.com/albums/ww20/bankbuster/cansqorig2001_zps9d28d9f1.jpg

 

At the time I was sceptical and did not count my chickens.

 

Sent off signed acceptance form and nothing came back so I wrote to them and they replied with the following,

 

http://i701.photobucket.com/albums/ww20/bankbuster/cansq3001_zps463f7638.jpg

 

It was only then that we booked a holiday and then they dropped their little bombshell on us.

[dx100uk]

you need the evidence they are relying upon.

 

dx