Beachy's OH v Egg Card

[lexis200]

Thank you lovely:)

[beachcomber60]

After a long fight it looks like the end of the road in chasing compound interest

 

Had a call from the FOS this morning concerning my complaint, EGG WILL NOT refund contractual interest as PPI premiums DO NOT attract interest (think they do as statements show monthly 'spends' then PPi premium THEN monthly interest.

 

Second SAR to EGG reveals that the FOS had requested copies of account details & letters as they (FOS) had 'lost' my file.

 

Back to the phone call from FOS, they state that although I started my complaint & the FOS hadn't started to investigate EGG changed their mind & agreed to refund PPI (initially refused more then 6years but again changed their mind when reminded about Limitation Act), FOS sent acceptance letter & stated EGG would contact me with details of the refund - they didn't and just refunded premiums + 8% simple.

 

Complained to EGG & the reply was 'you signed the acceptance form with the FOS and we have refunded the premiums'.

 

Asked the FOS to reopen the case & hence the call this morning, FOS have informed me that they are willing to reopen the case BUT if they find that EGG hadnt mis sold the PPI then I will HAVE TO repay EGG what has already been paid out - I find this intimitating & forcing me to withdraw my complaint, the sum involved is about £1,400 (Egg have refunded £3,000 premiums so cant afford the risk of losing & having to repay them the three grand).

 

A warning to others EGG play dirty ! DONT sign any FOS acceptance form UNTIL you are aware of what is being offered.

 

Beachy

[igglepiglet]

I'm sure PPI attracts interest on Egg cards. Will do a few calculations later to prove this. You have a card, not a loan, right?

 

But you know what? Even if PPI didn't attract interest you should still be entitled to reclaim compound interest, because,

 

"The minimum payment will be allocated to interest due, any card repayment protection premium, and charges (in that order) and then between the Revolving Balance and any Transferred Balances (where applicable)." - taken from a copy of an Egg statement.

 

Had you not been mis-sold the PPI and made the same repayments then your Revolving Balance would have been reduced faster, thereby reducing the compounding interest. I thought the FOI believed in this kind of restitution.

 

I have a complaint with Egg at the moment. If they try and pull these tricks on me I will go ballistic.

Edited January 20, 2011 by igglepiglet

[wazir]

Egg said they sent sent me two documents, A and B. A is 'a copy of the original agreement, and B is the current terms and conditions'. But there were three unlabelled documents - a copy of a signed dated, Egg card agreement (probably a microfiche), and two photocopies (unsigned, undated, and clearly not of the same provenance as the Egg Card Agreement) headed ' Credit Agreement regulated by the Consumer Credit Act 1974'. They've still not told me which is 'original' and 'current'. Also, the Egg agreement refers to signing and returning the credit agreement - which from their letter, must be one of the other two documents. Direct Credit Collections has given up, Egg've just moved it on to ARC.

 

The Egg Card Agreement also says it's not valid until they've carried out their final credit checks - my recent Subject Access Request shows no sign of checks ever being carried out. Egg also never replied to my letters last summer saying they hadn't answered my letter regarding the 'agreements', and that if they didn't reply with four weeks, then they were agreeing by default that they had no agreement and would set the balance on the account at 0 and remove any negative references to credit agencies etc. The SAR shows they received these letters and did nothing. Also no record of notifications of changes to the credit limit, or any credit checks ever - breaches the banking code, and some of the terms and conditions. No sign of any notification of change of interest rates in the documentation either. Egg don't seem to realise they need to keep records...

Wonder how long it'll take to get ARC off the case?

Oh, and the Financial Ombudsman Service is a waste of space.

[Artie44]

any update please?

[beachcomber60]

My partner had an Egg card which defaulted in 2008, been chasing Egg for the agreement but received nothing so it's been very quiet no contact no payments & no demands for payment.

 

About 12-18 months ago partner received email from Egg stating Barclaycard was to take over Egg accounts, shortly after a letter arrived from Barclaycard with a completely different account number, just stating that they now have the Egg accounts & that payments should continue to be made to Egg until further notice.

 

Have not heard anything further until today when a letter arrived from Marlin Capital Europe stating they are collecting on behalf of Barclaycard & my partner should telephone them to discuss payment options.

 

Apart from the balance outstanding is the same as the defaulted Egg card account the Barclaycard account number is completely different, my partner is quite worried as we have a joint account with Barclays.

 

Surely the Egg & Barclaycard account number should be the same, unless a new agreement had been sent/signed (which it hasn't).

 

Any advice would be appreciated.

[jon888999]

Send them the prove it letter, you can legitimately say you have no knowledge of this and wait to see what they come back with.

Have you had a letter from barclaycard or marlin, if it's from barclaycard i'd wait until marlin contact you then send it.

Marlin are idjits, you need to keep the pressure on them.

 

Also see: http://www.consumeractiongroup.co.uk/forum/showthread.php?215961-EGG-gt-gt-A-Quandry

[renegadeimp]

Send them a CCA request. If they cant produce one, they cant enforce the debt. Since Egg were in default already, you could tell marlin and sharkleys where to go.

[jon888999]

Send them a CCA request. If they cant produce one, they cant enforce the debt. Since Egg were in default already, you could tell marlin and sharkleys where to go.

I'd send the prove it letter first, just to delay things.

[dx100uk]

is it stil on your cra file?

 

dx

[beachcomber60]

is it stil on your cra file?

 

dx

 

Thanks everyone.

 

Yes checked cra today, its listed as Barclaycard default (defaulted with Egg in 2008).

[dx100uk]

then i wouldn't even bother with the CCA to marlin

they cant fo anything they dont OWN the debt.

 

i'd be more concerned about offset by BC from your joint account.

 

there is little chance BC will have the EGG CCA

 

i'd CCA them IF you must fo anything

.

dx

[beachcomber60]

then i wouldn't even bother with the CCA to marlin

they cant fo anything they dont OWN the debt.

 

i'd be more concerned about offset by BC from your joint account.

 

there is little chance BC will have the EGG CCA

 

i'd CCA them IF you must fo anything

.

dx

 

I'll double check the letter from Marlins to my partner as to whether they are collecting agents or its been assigned.

 

Can Barclays 'raid' a joint account where I am first named account holder? I dont owe Barclays a penny (now )

[dx100uk]

if BC show on the CRa file they own it beachy.

 

yes they could offset this. becareful

 

is this the 1st or 2nd egg card

 

looking at your old threads.

 

dx

[beachcomber60]

Its the second card, other card is with Apex, they've failed to provided the cca & written to the other half stating that no further payments need be made until such times as the agreement can be provided - strangly enough they've aldo removed the DN.

 

(Haven't been around for a long time - health issues).

[dx100uk]

yea good to see you back

 

 

 

i'm thinking for history it might be an idea to merge this with the other threads on this card.

 

dx

[beachcomber60]

Thanks

 

Yes probably a good idea to merge.

 

Thought we had everything under control until the postman came yesterday - looks like Truecall needs dusting off

[dx100uk]

dont worry about marlin they are lowlife

 

dx

[beachcomber60]

dont worry about marlin they are lowlife

 

dx

 

Have just checked the letter OH received yesterday, it is an assignment letter from Barclaycard to Marlin, also states that the default on the CRA will change from BC to Marlins name.

 

OH seems to think theres PPI on this card (original account number with Egg) & knows for sure there are late/overlimit charges - Does OH chase EGG for these? Have never acknowledged any letter from BC as they always refer to a different account number.

 

Also been reading about defaults being removed due to late payments & PPI making DN inaccurate - is this now possible?

 

Got lots of catching up to do, fallen way behind

[tortilla]

Morning all, I seem to be in about the same position so will watch with great interest if you don't mind.

Regards

[dx100uk]

have you ever sar'd egg to get all the statements beachy

 

you'll need them.

 

what sort of bal are we talking about.

 

dx

[beachcomber60]

have you ever sar'd egg to get all the statements beachy

 

you'll need them.

 

what sort of bal are we talking about.

 

dx

 

Have almost all statements, balance approx £5K, penalty charges approx £200, not sure how much ppi could be £1,000 to £1,500

 

Have the Egg DN

 

No agreement

[dx100uk]

then cca marlin first

 

dx

[ken100464]

You may be interested to know CCA's are starting to appear from Apex owned ex egg debt from out of the blue.

[jon888999]

You may be interested to know CCA's are starting to appear from Apex owned ex egg debt from out of the blue.

 

But are they enforceable with the approved limit issue?

Also i'll start my own thread later but it might be relevant to others, now it's been sold I could claim ppi back of about 8k but if I do will that harm my defence? The alleged balance s about 15k.

I've posted my claim for a Barclaycard that Lowells got stitched with as it was stat barred when they brought it. Just been waiting for Barclays to sell the Egg account as I guess they could have offset any refund,also interest increased everyday!

Marlin are lowlife and must be reported to the oft if they step out of line, the oft were very intereseted in 2009 following the despatches documentary.