Mr Fox Vs Egg Card PPI

[Mr Fox]

Hi all, just posting for a little advice, and to see if anyone else has been in a similar situation to me.

 

Way back in 2009 I submitted a SAR to Egg to obtain a copy of the credit agreement for my Egg Credit Card and all the statements since the opening of the account. At the time i was interested in seeing whether or not my agreement contained the contentious 'Approved Limit' term.

 

Since then and due to the favourable Court ruling on reclaiming PPI charges i've decided to initiate a claim against Egg to reclaim the 'Credit Card Repayment Protector' charges that were applied to my account since 2001 along with simple interest @ 8%.

 

About a fortnight ago i sent them a letter of complaint stating that i felt that the PPI on my Egg card was mis-sold to me stating the reasons why, a spreadsheet detailing all the charges and interest at 8% due until 31st may 2011, along with a photocopy of every single card statement with a 'Credit Card Repayment Protector' applied to it.

 

Today, i've received a letter acknowledging my complaint and asking me to fill in a 'Payment Protection Insurance: Consumer Questionnaire', Which is just a carbon copy of the FOS questionnaire. I suspect this is just a stalling tactic, should i play along and fill it in? Or should i send another letter telling them to get stuffed, they already have all they need?

 

Also, how has the change of ownership to Barclays affected these claims to Egg, or is it still early days to tell?

 

If this has been covered eleswhere then i appologise in advance, any comments or advice is welcome.

 

[ims21]

Hi Mr Fox

 

There is no "Requirement" to fill in the questionaire where all the information relevant to a claim has been supplied in letter form.

 

However, fos appear to recommend the completion of a form to make it easier.

 

What I would do is just fill it in and send it back to them with a letter stating that although there is no requirement you have completed the form to speed things up and that you look foward to receiving your refund sooner rather than later and without further attempts to delay the process.

 

ims

[Mr Fox]

Well after months of waiting i've finally recieved a relpy from Egg nd they are refusing to uphold my complaint. The key points of their rebuttal are:

 

 

Our online sales process:

 

 

 

• Does not require you to take repayment protection insurance as a condition
  of obtaining a card
  
• Does not provide an advisory service
  
• Required you to positively confirm that you wished to purchase the policy
  during the online application
  
• Provided full terms and conditions of the policy and requested you read them
  before submitting
  

 

I have to take issue with the 'Required you to positively confirm' bit as i would never have agreed to insurance if i had known it was optional at the time, in fact after applying i remember being under the impression it was mandatory. I took the card out in Aug/Sept 2001, does anyone know if Egg were up to their 'pre-ticked' box nonsense at that time?

 

I'd like to get my facts straight so i can decide whether or not to take it to the FOS.

[ims21]

I bet it was pre-ticked and the fos take a dim view of this.

 

I take it Egg's letter states that it is their final decision?

 

If so, shoot off your claim to fos.

 

Also notice in Egg's response they talk in the present....i.e. "does not". There is no mention of what was there in the past, i.e. they are not saying "did not".

 

Every little helps.

 

Regards

 

ims

[Mr Fox]

Yes, it's their final decision and they state they will not enter into any further correspondence with me about it.

 

I have a suspicion it was a 'Pre-Ticked' box too but can't be sure, it would be handy if anyone can tell me when exactly Egg were using that particular weasely tactic.

[ims21]

Hi

 

Personally I doubt whether anyone can give you a definitive answer as we are talking about online applications some 10 years ago. (Or if anyone can I don't think its going to come quickly).

 

Regards

 

ims

[ims21]

Hi again

 

You might do some google research

 

This doesn't apply to on-line sales but it does show the kind of thing that Egg did get up to which resulted in a hefty fine for them....

 

http://www.guardian.co.uk/money/2008/dec/10/ppi-mis-selling-credit-cards

 

ims

[Mr Fox]

Yeah, did a bit of Google research and a thread from here came up lol

 

Second post down seems to suggest that it was 'Pre Ticked' box in 2001

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?242438-Cant-believe-Egg

[ims21]

Blimey

 

I didn't spot that....doh!

 

I'm saving that one for the future.

 

Great stuff

 

Regards

 

ims

[Mr Fox]

Right, it's been a month or two without doing much, but i'm starting to prepare my case for the FOS just now and i have a few questions and queries.

 

Firstly, when i sent my initial claim it was for the PPI charges plus simple interest at 8%, after reading a bit on here and taking advice from others i think i should be claiming for PPI Charges + Contractual Interest + Statutory Interest @ 8%?

 

I have attached a spreadsheet i found on here that calculates the the above figure does it look correct?

 

Is it okay to alter my claim to this amount now i'm approaching the FOS? And if so should i fire off another letter to EGG advising them of the new amount i will be claiming from the FOS?

 

What date do i use for the end date of claim? The date of the last PPI payment or the current date?

 

Egg have varied my contractual interest rate several times since i took out the card, do i have to work out an average interest rate or do i use the current interest rate on my card?

 

Sorry for all the questions but i've been knocked back once before by the FOS on another issue so i want to get everything right this time.

 

Muchas gracias for any help

Egg Charges Calc.xls

[ims21]

Hi

 

Use the attached spreadie...no need to mention the 8% at the mo as fos will instruct this to be paid in accordance with their settlement rules on a card.

 

Amend personal details in the blue section and change the interest rate APR to the average rate being charged on the card. Then move to the white list section underneath the coloured bits and list each PPI payment giving the date, description and the amount. Please note that the sheet is protected in certain areas to prevent alteration to the formulae. If you get a protection message it means you are trying to change data in a protected cell.

 

Send the sheet, a completed fos questionnaire and copies of all correspondence with Egg to fos and lodge a formal complaint and that you want it investigated.

 

Be prepared for a long wait

 

ims

 

CISheet.xls