Me Vs Egg Loan

[ANDREAMOUR]

My History Is I Had A Loan With Egg In 2003 And Also 2 Credit Cards From Egg.. I Was Struggling Paying Them All Back With All The Interest On The Credit Cards So I Consolidated The Cards With My Egg Loan About 2 Years Ago..

I Have Recently Lost My Job And Have Got Completely Behind On My Re-payments And Whilst Looking For Help On The Net I Came Accross This Site...

I Sent Off A Cca Request To Egg On The 22nd 0f Jan..

They Wrote Back To Me Today With A Copy Of The Original Agreement I Signed In 2003.. But This Refers Only To My Loan From 2003 And Has No Info About The Extra Money I Borrowed To Consolidate The Cards

I Did The Consolidation Over The Phone And I Dont Remember Signing A New Agrreement..

What Is My Next Move?

Edited February 9, 2009 by ANDREAMOUR

[lollipop73]

You can send them a Subject Access Request and they will have to send you everything they have on you, I am currently searching the forum for the most expansive letter template for mine, when I find it I will post the link here for you.

[cas93]

is this any use

 

Your Name,

 

 

Your Address

 

 

Your Postcode

 

 

The Data Controller

Company Name

Company Address

Company Postcode

 

 

Date

 

 

 

Data Protection Act 1998

Subject Access Request s7(1)

 

 

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER(S): XXXXXXXXXXXXXXX XXXXXXXXXXXXXX

 

 

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the above account number.

 

 

The following is by no means an exhaustive list but in the main this is what I require.

 

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any 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 account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me 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.

 

13. A True copy of the original consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

 

14. If it is contended you do not hold such data before such a date, please confirm this by providing the Certificate of Destruction.

 

15. Any Other information relating to these accounts

 

 

I enclose the statutory maximum fee of £10 by postal order. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

 

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 for the previous XX years.

Furthermore, such a request for specific information to confirm my identity will not deviate or inhibit the 40 days time limit allowed for compliance with my Subject Access Request.

 

 

Please note - If I do not receive all the data I have requested within the timescale specified above, I shall seek a Court order obliging you to do so, together with damages at the discretion of the Court and without any further notice.

 

 

Finally, I would appreciate your Company's due diligence in this matter and look forward to receiving the documentation requested.

 

 

 

 

 

Yours Faithfully,

 

 

 

 

 

XXXXXXXX

 

 

cas93

[lollipop73]

That`s exactly what I`m after!! Cheers Cas

[cas93]

your welcome

[ANDREAMOUR]

Thanks Cas...

 

After Reading The Cca I Noticed That I Have A Loan Payment Protection On There

This Is Added To The Principle Loan And My Re-payments Are Only For 1 Amount Each Month..

I Will Post A Copy Of This As Soon As I Borow A Scanner..

[ANDREAMOUR]

Thanks Cas...

 

After Reading The Cca I Noticed That I Have A Loan Payment Protection On There

This Is Added To The Principle Loan And My Re-payments Are Only For 1 Amount Each Month..

I Will Post A Copy Of This As Soon As I Borow A Scanner..

 

 

JUST BEEN READING ABOUT Militant Consumer's Friend v Egg Loans AND MY AGREEMENT IS EXACTLY THE SAME!!!

SO IT SEEMS MY AGREEMENT IS UNENFORCABLE

[ANDREAMOUR]

HERE WE GO..

 

 

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Edited February 8, 2009 by ANDREAMOUR
image too large

[kirklanw]

Andrea- is that agreement on 2 seperate sheets of paper or is it the front and back of the same sheet of paper?

[ANDREAMOUR]

Its 2 Seperate Pieces Of Paper..

Will That Make A Difference?

[kirklanw]

Yes, a big difference if the original agreement was on 2 seperate sheets of paper then its definitely unenforceable as all the prescribed terms need to be on the same sheet you signed. Is that the original you have posted up or is it a copy that Egg have sent you on request?

[ANDREAMOUR]

Thats The Copy That Egg Sent Me...

I Cannot Find The Original Copy..

The 2 Peices Look The Same Size So Maybe The T&cs Were On The Back..

How Can I Find Out If It Is 2 Peices Of Paper?

[kirklanw]

You can't without going to court & obviously you dont want to do that. Probably better to just proceed as you originally planned with the PPI issue.

Only thing you could do is try to bluff Egg by claiming they have broked the 4 corners rule & see what they come back. Unfortunately I don't know enough to know if thats a good idea or not. I'm sure someone more knowledgeable will along soon.

[ANDREAMOUR]

Mmm... Interesting...

Ok..

Thanks Anyway.. I Will See If I Can Find Help....

[ANDREAMOUR]

Oops

Edited February 7, 2009 by ANDREAMOUR
MISTAKE

[ANDREAMOUR]

Can Any 1 Help Me Out On This 1?

What Should I Write Back To Egg?

[ANDREAMOUR]

NOT SURE WHICH WAY TO GO WITH THIS 1

DO I HIT THEM WITH THE LOAN PROTECTION MATTER OR THE 4 CORNERS ISSUE???

CAN ANY 1 HELP PLEASE????

[Livis]

Hi andreamour, not sure about the PPI, but i have an original copy of my loan agreement and it is on one sheet of paper, back and front.

I too have received 2 sheets of paper when requesting a copy under the CCA but think this is just the way they have photocopied it.

Livis xx

[ANDREAMOUR]

Thanks Livis I Thought It May Have Been...

How Did You Get The Original Copy?

Does That Still Break The 4 Corners Rule?

[cadencealex]

My loan agreement is 8 pages long.

 

It is from 2006. I signed the back but there were no terms and conditions on there.

 

Are you sure it has to be on the same page?

 

It's not from Egg.

[Livis]

When i originally took the loan out they sent me 2 copies of the agreement, 1 for me to sign and send back and 1 for me to keep, so thats how i've got an original.

So in my case they have complied with the 4 corners rule.

Livis xx

[ANDREAMOUR]

Oh Right....

I Havent Got The Original 1 Only A Copy They Sent....

Think Maybe I Will Have To Go For The Payment Protection Issue...

But Im Not Sure What To Write Back To Egg...

[Mistermind]

Below are the 5 PPI wins and one loss in court (after 3 years). There is another PPI Forum on CAG. Unless Egg made a complete mess-up (like you never ticked the PPI box) there is no way Egg will roll over like in refunding penalty charges. Almost certainly your claim will go to court, so you need to convince the judge why PPI was mis-sold to you.

 

 

Five PPI battles won and one lost:

34 weeks -

25 APR 2007 -

won PPI before court

-

Annalh v Egg/DLA/Eversheds ** Judgement given by court **

16 weeks

- 19 JUN 2007 -

won PPI in court

-

Empire strikes back v Egg Card Repayment Insurance.

08 weeks

- 01 AUG 2007 -

won PPI before court

-

Wednesday 1867 poss vs Egg

(

1

2

)

49 weeks

- 22 AUG 2007 - JULI99 -

lost PPI in court

-

Scrambled Egg

(

1

2

)

35 weeks

- 07 JAN 2008 - phatram -

won PPI, case stayed, stay lifted, Egg settled in full before court

(was self-employed and never eligible) -

http://www.consumeractiongroup.c o.uk/forum/payment-protection-insurance-ppi/87077-egg-credit-card-ppi-3.html#post1314773

 

72 weeks

- 07 FEB 2009 - oggy1 –

PPI refunded by Egg before court because CCA shows no evidence of cardholder consent

-

ppi against egg --wont repay!!

 

 

[ANDREAMOUR]

thanks mistermind...

the reason why i was querying the payment protection was because it was Added To The Principle Loan And My Re-payments Are Only For 1 Amount Each Month..

i thought this just made the agreement uninforcable....

[Mistermind]

I take it this PPI was on your loan account, not credit card.

 

Two different traditions for these two types of accounts. Credit Card accounts tend to have PPI premium added each month just like fresh purchas item, just like fresh debit interest.

 

Loan accounts tend to have PPI premiums for the duration factored into loan's starting balance, just like debit interest factored in anticipation. The entire debt is then computed to derive a fixed monthly payment to reduce the balance to zero within a precise fixed number of months. This frontloading is exactly the same as bank loans, and I would be most surprised if Egg accountants got such basics wrong. If halfway through the life of the loan you want to drop out of PPI, you would have to read Egg's agreement fine print whether they will recompute a reduced PPI-less monthly payment, and if so for what service fee. I had a bank loan which I paid off ahead of time. As per the agreement I did not get rebate for early repayment, but I did get refunded the unused portion of PPI premiums.

 

Others with experience of PPI issues on Egg loan accounts are welcome to comment, but after 3 years I have yet to hear frontloading of anticipated PPIs being an issue for litigation. Usually refund was claimed because a self-employed person or one with a previous illness who could never have obtained benefit from PPI and this was never made clear to them.