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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Egg PPI - Have filed with Ombudsman but ...

rkm123

By rkm123
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rkm123

rkm123

Posted
Posted (edited)

Hi.

 

I have filed my complaint with the Ombudsman regarding the PPI on my husbands Egg card. The claim is for mis-selling in that he didn't know he had it (don't ask how he didn't know - I was dumbstruck when I realised!) and he certainly didn't need it as it gets 6/12 full pay 6/12 half pay from work and we have plenty of private life insurance.

 

I had a letter last week from the Ombudsman asking me for a copy of the Egg CCA Credit agreement. Having followed the process of SAR etc initially ( I have just won a case against First Plus so kind of had an idea of what to do) I found I had not got a copy of this document. I got my husband to ring Egg and eventually managed to get them to talk to me to be told the CCA would 'have to be requested from another building as it was not usually requested'.

 

Now, this is where I lack knowledge. Why would the Ombudsman want a copy of the CCA when I have claimed for mis-selling of PPI? Having read the threads on here for the last 4 hours I can't seem to find a reason. I have also spoken to the person dealing with my case at the FSO and he said he had requested a copy from Egg too.

 

Thanks in advance for any ideas which could enlighten me.

Edited by rkm123
Amend title to add the word *lost*
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MandM

MandM

Posted
Posted

I'm currently fighting Egg for PPI sold online with an Egg card.

 

Having done a subject access request on Egg I have my agreement - but it appears that there is NO MENTION of the PPI in the agreement. Having dug around a bit it seems i'm not the only one.

 

This maybe something they're looking into in light of complaints ;)

 

M

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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

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rkm123

rkm123

Posted
  • Author
Posted

Hi. Thanks for your post. This one was done online too, in 2001. I did the SAR but didnt get the Agreement... She did say on the phone that they hadn't sent it to me hence the need to get it from somewhere else. Hmmmmm

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MandM

MandM

Posted
Posted

Interesting! Mine is also 2001. I didn't ask for the agreement in my SAR and got it lol. Also, they've sent the T & Cs and no mention in there either. What they didn't send was anything to do with my actual application. If pushed on 'mis-selling' Egg tend to produce a screenshot of your online application and hope you'll go away.

 

However, it's coming clear now that it was just a box to check (or un-check depending which version you applied through) but seems it was not followed up fully with complete paperwork - hence no details of the PPI that you're now paying for in the agreement that would have been sent out by post for you to sign.

 

Looks like we're part of a trend here that the FOS seem to be aware of and (fingers crossed) they don't like.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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rkm123

rkm123

Posted
  • Author
Posted

oooh I got a screenshot too! It just had a box with Accident, Sickness, Life cover written in it (I think it was that - off the top of my head). They said also that Egg staff couldnt amend the boxes... that being the case then, it MUST have been pre-ticked!

 

R

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MandM

MandM

Posted
Posted
that being the case then, it MUST have been pre-ticked!
;)

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Mistermind

Mistermind

Posted
Posted

I had a letter last week from the Ombudsman asking me for a copy of the Egg CCA Credit agreement. Having followed the process of SAR etc initially ( I have just won a case against First Plus so kind of had an idea of what to do) I found I had not got a copy of this document. I got my husband to ring Egg and eventually managed to get them to talk to me to be told the CCA would 'have to be requested from another building as it was not usually requested'.

 

Now, this is where I lack knowledge. Why would the Ombudsman want a copy of the CCA when I have claimed for mis-selling of PPI? Having read the threads on here for the last 4 hours I can't seem to find a reason. I have also spoken to the person dealing with my case at the FSO and he said he had requested a copy from Egg too.

 

Thanks in advance for any ideas which could enlighten me.

FOS will have their own rules and procedures for going to war with cards which allegedly missold PPI. Reasonable that FOS seeks all info on CCA which may or may not have mentioned PPI. Regulator attitude has now decisively swung against card companies in cases of alleged PPI mis-selling, and even in a 50/50 situation they will now likely favour the cardholder claimant, where a year ago they were not.

 

Good luck for your impending hefty refund plus 8% p.a. interest. ;)

 

 

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rkm123

rkm123

Posted
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Good afternoon all

 

I have now received a photocopy of the CCA Credit Agreement from Egg.

 

Nowhere does it make any mention of PPI.

 

I will update with any news.

 

R x

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MandM

MandM

Posted
Posted
Good afternoon all

 

I have now received a photocopy of the CCA Credit Agreement from Egg.

 

Nowhere does it make any mention of PPI.

 

I will update with any news.

 

R x

 

Will be watching ;).

 

Have you worked out your PPI yet btw.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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MandM

MandM

Posted
Posted
No I don't want to ... If I add it up I will be mighty naffed off if I don't get it back

 

R x

 

Will help you if you reach that point but it's lots of typing and you end up with square eyes

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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rkm123

rkm123

Posted
  • Author
Posted

Quick Update:

 

Had call from adjudicator asking

 

a) what was the employment status when the card was taken

b) what were employer benefits i.e. sick pay etc

c) why did we think the box was ticked

 

hmmm just have to wait and see now

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MandM

MandM

Posted
Posted
Bad news.... Complaint not upheld by the FSO...

 

:(

 

:( Did they say why?

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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rkm123

rkm123

Posted
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Posted

Hiya

 

 

I quote the reasons from the letter..

  • 'I accept that the firm may not have adequately explained the ongoing cost of the policy and potential monthly benefit that would be paid in return for your premiums. However, even if the firm had done so, I am not persuaded this would have affected your decision to take out the policy. I say this because I think it is more likely than not that you would have still purchased the policy if you had understood exactly how much the policy would cost and the potential amount you would receiving in benefit in the even of a claim.
  • I have not seen sufficiant information to suggest there are any other reasons to recommend that your complaint be upheld'

I must confess to being a little confused by this response. The complaint was that the policy was'nt purchased at all but either added without our knowledge or the wording not clear that a box had to be unticked rather than ticked and my husband missed it.

 

In any event, it's now 1-1 in RKM versus the baddies.

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MandM

MandM

Posted
Posted

Is there any route to appeal this?

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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rkm123

rkm123

Posted
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Posted

Hi M

 

It says on the letter that I can write back saying why I disagree with the outcome and provide anymore evidence that they haven't already seen. I can also ask the Ombudsman to review the case...

 

At the end of the day I haven't lost anything by taking this path and I didn't give up at the first hurdle but I can't see how I can give any more proof than I have already given.

 

Onwards and upwards I think. Good luck with yours M, I am still subscribed to the thread so let me know how you get on. I am still awaiting the outcome of one more complaint so fingers crossed for me

 

R

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MandM

MandM

Posted
Posted
Hi.

 

I have filed my complaint with the Ombudsman regarding the PPI on my husbands Egg card. The claim is for mis-selling in that he didn't know he had it (don't ask how he didn't know - I was dumbstruck when I realised!) and he certainly didn't need it as it gets 6/12 full pay 6/12 half pay from work and we have plenty of private life insurance.

 

 

Are these the only reasons you gave as to why you thought the policy was mis-sold or did you give others?

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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