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roygoodbeat

Egg- CCA Advice and complaint

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Hi

 

I have been following this forum for a while and need some advice.

 

Last February 2008, I went over my limit, despite my checking the balance before using my card. I was charged and I called them and made the recommended payment to bring the account back into the correct balance. They then applied further charges, which again put me over my limit.

 

During this period I received a calls from them and they did not go through any security questions, and when straight into the conversation that I was over my limit. (On one call, my collegue at work answered my phone and I managed to get to the phone in time, before they started the same thing again) I asked them to never call me on my numbers and to remove this from their records.

 

I complained but they sent back a standard letter, ignoring the contents and stating that they have closed the complaint for another reason. I never pursued this despite logging an initial complaint with the Financial Ombudsman. I even threatened Egg that I would charge them £25 per call received/ letter written if they continued to use my numbers.

 

Occasionly I still received sales calls and I asked Egg to remove my numbers each time.

 

This year due to the current market, my income fell and I could no longer afford payments. I started receiving a number of calls from Egg. Each time I asked them to stop calling on my phone, and to put any correspondence in writing.

 

I wrote to them on the 4th April requesting this in writing and to advise them that I was having financial difficulties.

 

On the 27th April I wrote to them using the data protection subject access request and to make a complaint. I also asked them again in writing to stop calling.

 

They wrote back, again, ignoring the contents, except stating that they would remove my numbers. They also stated that they would close my complaint, dispite them not addressing any of the issues.

 

I have logged a complaint with the information commissioner regarding the fact that they refuse to remove my contact details.

 

I issued them on the 10th June (received and signed for on the 11th) a request for a copy of my credit agreement and relative documents under the consumer credit act (sections 77- 7:cool:.

 

In the information they sent me was a copy of CCA which they claim is the credit agreement. There was no orginal terms and conditions, or anything else relating to my consumer credit act request.

 

I have sent them a letter claiming compensation regarding their breachs of the continual use of my phone numbers, and no information under the subject access request.

 

The only thing I have had to date regarding this is an acknowledgement of the complaint and a request for £10 for the information requested under the Data Protection Act. The first time requested since my letter dated 27th April.

 

Any advice or counter letter would be appreciated. To date they have attempted to contact me again by phone, despite their letter stating that they would remove my telephone numbers. They have also passed this number onto a debt collection agency.

 

I have attached the CCA. Please could someone check it to see if it is valid and advice me on what to write.

egg1agreement.pdf

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Hi

 

I have been following this forum for a while and need some advice.

 

Last February 2008, I went over my limit, despite my checking the balance before using my card. I was charged and I called them and made the recommended payment to bring the account back into the correct balance. They then applied further charges, which again put me over my limit.

 

During this period I received a calls from them and they did not go through any security questions, and when straight into the conversation that I was over my limit. (On one call, my collegue at work answered my phone and I managed to get to the phone in time, before they started the same thing again) I asked them to never call me on my numbers and to remove this from their records.

 

I complained but they sent back a standard letter, ignoring the contents and stating that they have closed the complaint for another reason. I never pursued this despite logging an initial complaint with the Financial Ombudsman. I even threatened Egg that I would charge them £25 per call received/ letter written if they continued to use my numbers.

 

Occasionly I still received sales calls and I asked Egg to remove my numbers each time.

 

This year due to the current market, my income fell and I could no longer afford payments. I started receiving a number of calls from Egg. Each time I asked them to stop calling on my phone, and to put any correspondence in writing.

 

I wrote to them on the 4th April requesting this in writing and to advise them that I was having financial difficulties.

 

On the 27th April I wrote to them using the data protection subject access request and to make a complaint. I also asked them again in writing to stop calling.

 

They wrote back, again, ignoring the contents, except stating that they would remove my numbers. They also stated that they would close my complaint, dispite them not addressing any of the issues.

 

I have logged a complaint with the information commissioner regarding the fact that they refuse to remove my contact details.

 

I issued them on the 10th June (received and signed for on the 11th) a request for a copy of my credit agreement and relative documents under the consumer credit act (sections 77- 7:cool:.

 

In the information they sent me was a copy of CCA which they claim is the credit agreement. There was no orginal terms and conditions, or anything else relating to my consumer credit act request.

 

I have sent them a letter claiming compensation regarding their breachs of the continual use of my phone numbers, and no information under the subject access request.

 

The only thing I have had to date regarding this is an acknowledgement of the complaint and a request for £10 for the information requested under the Data Protection Act. The first time requested since my letter dated 27th April.

 

Any advice or counter letter would be appreciated. To date they have attempted to contact me again by phone, despite their letter stating that they would remove my telephone numbers. They have also passed this number onto a debt collection agency.

 

I have attached the CCA. Please could someone check it to see if it is valid and advice me on what to write.

Edited by Rooster-UK

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They wrote back .... stating that they would remove my numbers.

 

This is the strong part of your position.

 

Regardless of legal and regulatory guidelines re telephone calls (and how they are enforced in the real world if at all, there is a better CAG forum for that topic), you have in your hand an undertaking signed by Egg management. It is not known if Egg have or have not removed your numbers as promised, or whether Egg have done but DCAs which gave no such undertaking have not.

 

You can find Egg's Company Secretary (answerable to the law) from www.companieshouse.gov.uk for a maximum cost of £5, complete with his or her private residence, from which it may well be possible to find a personal phone number via BT online phone directory. Armed with such alarming details you could write to Egg's head honcho pointing out repeated dishonourings of Egg's written undertaking.

 

You have been dealing with telephone monkeys at the bottom level of the food chain whose principal ambition is to avoid exceptional activity, no doubt paid £6 per hour with bonus if they can squeeze blood from a stone. If you promise Egg's head honcho personally and inspiringly, that for every phone call you get from now on, whether from Egg or DCA who ring your numbers given them by Egg and ring on Egg's behest, that you will favour Egg's head honcho in person with a matching call direct to his or her home or mobile number. That will concentrate minds and lead to probable action.

 

SAR request needs to be accompanied by £10 fee (response within 40 days), CCA I believe £1 (response time much shorter, someone can clarify).

 

Good luck.


 

 

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Thanks

 

They passed my details on to the dca after they promised to remove my details. Both the dca and egg have called on my numbers since. I am sure that I have a strong case for breach of the data protection act and harrassment laws.

 

Can someone check my agreement to see if it is valid.

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OK, first of all they shouldn't be phoning your work place if you have requested that they don't - you can specify where and at what times for them to call you if you want a phone call, and they should be respecting your privacy in this matter by requesting data protection answers to confirm your identity.

 

That said Egg are now own by Citi who are the biggest bunch of cowboys, so it is likely that the call centres are Indian who are not complying with our law - though they should as they are phoning on behalf of an account held with a UK company.

 

This is probably the best thing you can have at hand, worth having a read of it as the companies are meant to comply.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

And if they don't say you'll report them, AND DO IT!

 

Had Citi phoning me upto 5 times a day, which was clear harassment.... upto a couple of times a week could constitute harassment if you read the act.

 

I'd suggest telling them that you'll complain to the regulator in the UK that oversee's there business which could result in implications for their companies credit license.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thanks. Will do.

 

Can anyone tell me if my cca is valid. I think it is not. What can I write to them??

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It has the word 'Approved' instead of 'Credit' which seems to make it unenforceable. Have disputed OH agreement over this term.

 

MORE IMPORTANTLY - You have left your name on the agreement :eek:, On second file both Name and address is clearly visible.

 

Highly recommend that you remove it A.S.A.P as you can be identified by the enemy.

 

Beachy

 

(Have alerted Site Team to remove it asap)

Edited by beachcomber60
spelling

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Roygoodbeat.

 

I have unapproved your attachments as they both clearly display personal information that could identify you.

For your own security, mask off all personal identifying information before re-posting.

 

Regards, Rooster.


If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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Can someone check to see if this is enforceable? If it is not, what is the next reply?

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Whilst the account is is dispute, their debt collection agency keep calling me despite Egg stating that they have removed my telephone numbers from their system and whilst the account is in dispute.

 

Can anyone check to make sure this is enforceable??

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Whilst the account is is dispute, their debt collection agency keep calling me despite Egg stating that they have removed my telephone numbers from their system. (Since the letter I received from egg stating this,they passed on my detailsafew days later)

 

Can anyone check to make sure this is enforceable??

eggblueagreement.pdf

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Hi, from what I can see of your agreement it seems to contain some of the flaws as discussed in this thread:

 

Egg Credit Agreements-what do i think is wrong with them

 

This would be a good starting point for you.

 

You might like to edit the agreement you posted up though as your name is showing.

 

Regards.

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Can anyone check this agreement. It's gone quite at Egg. Want to make sure that I know where I stand.

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Has anyone got a similar agreement like mine. Is this enforceable?? Need to know soon as I have their debt collection agent chasing me.

 

I have an on going complaint with them as they keep calling despite my request to remove my number. Have threatened them and claimed compensation.(Original request feb 2008) and they have recently written saying that they would remove my number. Despite this, they passede my number on several days later to their debt collection agency who keep calling.

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After aknowleding my complaint and claim for compensation, over 10 weeks later I have not had a response. They have ignored my letters in between. After failing with one debt agency, they have know passed my details onto another including the telephone numbers they said they had removed. (I have been asking for these to be removed since feb 2008, long before this dispute started)

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At last I get a letter from Egg after ignoring my complaints. Guess what. They say they cannot find my complaint letter (Sent recorded delivery) Whats more, they state that their agreement is enforceable and that they will continue enforcement action. They have stated that as far as they are concerned, the complaint is closed and not in dispute.

 

Everytime I get a response after making a complaint, they ignore everything about the complaint.

 

Its strange that this letter only arrived after I sent a letter last week to a debt collection company after it closed its file. I sent them a 'after the debt collection agency has closed its file' letter.

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:mad: I think I also have a case of harrassment from egg

I had a dormant egg card and they wrote to me encouraging me to re-activate it after the credit crunch.

I did this and used the card - then they harrassed me to set up a direct debit for minimum payment and the online account would not let me in until i did so - it's part of their terms and conditions. Anyway I thought I had set up a direct debit online so thought it was ok that the min payment would be deducted. However for some reason known only to them, they issued me a new card which arrived but I misplaced before activitating. When I tried to get online I could not - either I put my password in wrong 3 times or the security questions were not working as it needed numbers from new card hence I could not get in to make a bank transfer and check my account. Thinking I did not need to worry as they would take a direct debit I thought I would get round to ringing them.

HOWEVER I started to receive calls from collections for my £11 minimum payment - I said hang on I have a direct debit so why isn' t it paid - various excuses - i.e. oh it takes 10 days to map (?) the direct debit to the new card etc - the last person said I don't have one set up - I have t set up a new one for the new card (lost) etc etc

Though this amount was disputed and I explained that I could do nothing until they re-set my security -I have now had two weeks of harrassing phone calls including at work, on sunday at 8:30 am - in the evening and every morning - in desperation to stop them waking everyone up in the morning - I paid £20 in - this went to my old account number though and I had to ring them to tell them I had paid it - they acknowledged this and said they would stop the calls - guess what -more calls - guess what they would stop the calls - once the overnight processing was done. Given that I am disputing this non payment -what happennded to my direct debit and even though I have paid them and explained to many people the same thing - they continue to harrass me and what's more they talk the most supercilious b* I have ever heard having worked in the credit industry myself. Regretfully I still owe them money but once its paid off after xmas - egg card will be scrambled fried or boiled - and Iwill be writing to all the bodies referred to - bad company. Also, they insist that collections is part of egg bank but I am not so sure I think they outsource it as their operators say "we can't stop it you will have to speak to servicing" - sorry their busy right now - when I got through to servivicing they could not access my account either until I reset the security - it took a week to get the letter reset. They use stock phrases like "we're going round in circles" - if they can employ someone to ring me every day to chase £11 - why can't they ring me to advise if I have or have not got a direct debit or that I need to set up a new one for each card ????? AM I am idiot?

Either Egg are incompetent or they are very insidious .

regards (thanks I feel better for that - hope I have not timed out!)

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No doubt from Citi's lovely people in India, now that they have bought out Egg.

 

Believe me there is only one thing that matters to Citi, and that's the bottom line.

 

It might pay to familiarise yourself with this the "Office Of Fair Trading Debt Collection Guidance on unfair practices":

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

From what you say Egg are definitely harassing you, a couple of times a week could be considered harassment, let alone many times a day. Think there is a point about frequency of calls in the unfair practices.

 

Also if you say that you don't want to be phoned at work then they should be complying with your wishes, again its in there somewhere, and they shouldn't be calling on a sunday.

 

Complain to the OFT, and if the calls persist get your local trading standards involved.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I had a similar experience with Egg just over a year ago. I checked my balance before using my card. They then slapped on interest rate charges which took me over my limit. They then charged me £30 as I was over my limit. They made a number of calls, even spoke to a member of staff in my office as they answered my mobile. Did not do any security checks. I made the recommended payment told to me by them verbally and by there automated system to bring my account back into its limit.

 

Guess what. They applied another charge for going over my limit during the month which placed me over my limit and another charge for going over the limit.

 

This went on for a couple of months. I complained but Egg wrote back, ignored the contents of the complaint and said tough.

 

Not a very nice company to deal with and they act a law unto themselves.

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Probably even more so now they are owned by Citi.

 

I would suggest that any company that doesn't carry out DPA checks is worthy of a complaint to the Information Commissioners Office.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I finally had a letter regarding my complaint and compensation claim. They stated that they could not find the complaint (Sent recorded) and that they can continue enforcing this agreement.

 

I expect the next move is to the fos?

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Did not write to the Fos as I am waiitng the outcome of another compliant against another company. Fos seem to side with the other party and not follow the rules.

 

Now had Frederickson International writing and phoning. There solicitors have written treatening legal action too. Will allow that to happen in order to get the agreement declared unenforceable.

 

Unless anyone has any other ideas?

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Now had final notice before legal action is taken...

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Normally these companies make such threats, in an attempt to get you to cough up, without any intention of taking you to court.

 

However i'll get someone a little more knowledge than myself to take a look at this thread and situation for you.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I"ll echo what Enron has said here. I've spoken to many people (hundreds!) that were Egg customers and are now dealing with various debt collection agencies. It's vital to request a copy of their complaints procedure so that you can exhaust that first. You can then take a further complaint to the likes of the FOS.

 

It might be worth knowing that any claimant should adhere to the civil procedure rules if they wish to bring legal action, they should demonstrate that they have done everything within their reason, and only used legal action as a last resort.

 

In reality, many firms say that they are about to commence action - but hardly do so.

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