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Old Egg card claiming PPI and they say not over 6 yrs - how come?


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I wrote to Egg asing for PPI back because I was self employed at the time and they charged PPi on the card which I could never have claimed against. It's not a lot of money, but compounded at the 15% rate at the time it comes out at over £1000 going back to 2001/2.

 

They wrote back saying it is egg policy not to repay if the claim is for money which is more than 6 yrs or more after the complaint.

 

Policy or not it's my money. They are referring me to the FOS, but is there anyone here who has successfully claimed pre 6 yrs? This is not a Limitations issue as it's when you find out, not how long ago the offence took place.

 

Anyone any thought about how I should go about this? Do I just issue an N1 and risk court and the hanging judges who hate debtors or go the FOS route and wait for the next year or two while they make up their minds?

 

There must be a way....?

 

And another point, on this card account I was written to by Egg in 2006 stating that under s.18.2 of the card conditions they had now transfered their rights and the Egg card account to Capquest Investments Ltd - does that mean I should be claiming from capquest as it goes on to say my existing relationship with Egg in respect of the account has now ceased and my account is now the sole responsibility of capquest?

 

SC

Edited by Smarterchick
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6 years? Why not 6 months, or 6 days? That is ridiculous. Maybe they are trying to confuse people with the statute of limitations, hoping they'll just drop their complaint quietly. Just out of curiosity how long did it take them to reach this conclusion, from the time you sent off your initial letter?

 

I hope somebody else will answer your question re: FOI or court approach.

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It all began in September...There was no mention of Limitations, that's was peed me off. This was just company 'policy' !

 

I will go legal, I have no hesitation, but having spent the best part of two years in and out of court preparing documentation I would rather have been treated in a civil way and not put through all this - I have a life too lest they forget. - I get fed up of all this winning! LOL Why can't they just own up and pay up - they will in the end, but they use these intimidatory tactics to scare people off.

 

I am actually getting a trifle miffed that these companies actually know they are wrong yet continue to get away with these things hoping the masses will never raise a query. They should be made to accept they are wrong and AUTOMATICALLY have to repay people, not make each and every one claim whilst pocketing the rest. There's something wrong with the regulatory process that allows this to happen.

 

I complained to the OFT once about the fact they should stop all repossessions by a company when their licence was being investigated when it ran out - 'not our place to do that' they said - madness, it's no different if an athlete gets dope tested and stopped from running until the investigations over, why are these finance companies so different?

 

Money and politics, that's the difference.

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Well said Smarterchick.

 

I recently submitted a similar complaint to yours (that dates back even further) - if Egg were to respond in a similar way then I would be absolutely furious. And if it's true that the FOS would take "a year or two" to look at my complaint then I would be of the mind to go to court.

 

It's our policy to chase them to the gates of hell!

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Smarterchick, a few points:

 

1) The route seems to be FOS first, and if they don't uphold your complaint then go to court. If you go to court first and lose then you won't be able to go to the FOS later.

 

2) Apparently the FOS won't handle complaints about PPI taken out prior to July 2001, according to this post. Edit: some confusion - they did handle it. Strange.

 

3) The banks are going for a judicial review into the way the FOS handles complaints over PPI, and the advice around here seems to be to get your complaint in ASAP to ensure that they handle it. Statement from the FOS here. There's a four day hearing set for Jan 25th (see sticky).

 

I think that's right, but happy to be corrected on anything.

Edited by igglepiglet
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