Egg Credit Card PPI rejected

[Atty]

Hi

 

I've recently submitted a questionnaire to Egg Credit card and a further letter questionning their reasons for rejecting a claim. I have received a 2nd final decision letter stating:

 

"I can confirm that the option regarding this protection was not pre-selected and the application would have continued if you had selected or not selected the insurance option"

 

I applied for this card online, I know from reading on this forum that Egg were one of the companies that used pre-ticked boxes with the on-line process.

 

My question is I took this card out in Nov 2001 is there anyway of finding out or does anyone know if the boxes were pre-ticked at this time?

 

Is it still worth me sending my complaint onto the FOS?

 

Any suggestions appreciated...

[ims21]

Hi

 

Yes it is worth passing it to fos but be prepared for a wait.

 

What other reasons did you give for the mis-sale?

 

ims

[dx100uk]

egg know full well that 2001 was during the period where it is known the box online was

untick this box if you do not need PPI.

 

they have refunded hundreds of claim solely on that reason.

 

what questionaire did you use

and whatelse did you send.

 

dx

[Atty]

Hi Dx/Ims

I did not recall ever having PPI on this card and I certainly didn’t ask for it.

As I didn't have any card details or statements (previous enthusiasm with the paper shredder!) I sent a speculative letter to egg asking for basic credit card account details and if there was PPI.

 

Egg replied that the card was opened in Nov 2001 and closed in May 2005 and confirmed there had been card PPI on the account, and that if I wanted a copy of the last statement there would be a £2 fee.

I submitted a FOS questionnaire with the following reasons:

I was unaware that i had card repayment protection on this credit card.

I have no record of being offered this policy

I would not have opted for this policy as it would not have been necessary as i had adequate cover through employment which offered a generous sickness and benefits scheme as part of my employment, which means i would have been able to continue to make the payments if i had suffered ill health or had an accident.

 

Egg sent a letter rejecting the complaint stating:

“After carrying out a full review of your account. I have etablished that you purchased the insurance through the egg website on XX Nov 2001

Our online sales process:

- Does not require you to take repayment protecection insurance as a condition of obtaining the credit card.

- Does not provide an advisory service

- Required you to positiviely confirm that you wished to purchas this policy during the online application

- Provided full terms and conditions of the policy and requested you read them before submitting”

 

I was unhappy with this response particularly with the use of present tense and not past tense “does NOT require you to take repayment protection…”

 

I responded to egg by letter asking them to reconsider stating:

- that I believed that although PPI boxes now currently require you to positively confirm I believed that when I applied online the boxes were pre-ticked at this time

- that Egg had not taken into account whether the policy proposed was suitable to my needs, and that I believed they had mis-sold as I did not know I had PPI and they could not have asked about any existing medical conditions or if I had adequate sickness/accident cover with my employment

- If they had asked these questions they would have known that the PPI was not suitable

Egg sent their response letter in March 2012 stating that their position remained unchanged:

- I can confirm that the option regarding this protection was not pre-selected and the application would have continued if you had selected or not selected the insurance option

- Egg does not and has never provided an advisory service. We did provide you with all of the policy inclusions and exclusions at the time of the purchase to enable you to make an informed decision as to whether or not the policy was suitable to your needs

- Your monthly statements highlighted the premiums charged each month and the terms and conditions were sent to you in paper format soon after your application was accepted; therefore highlighting to you that the policy was in place."

As there is evidence that the ppi were pre-ticked in the on-line process in 2001. Should I just send on my complaint to FOS or should I put in a SAR request first to attempt to get copies of paperwork from egg to forward with my completed questionnaire to the FOS.

Any pointers on this would be much appreciated

Thanks again

Atty

[ims21]

Hi

 

If it were me I'd SAR them as it might show up something useful.

 

Fos are well aware of the Egg on-line practices that were employed.

 

ims

[Atty]

Hi Ims

 

Thanks for the quick response, I'll give the SAR a go

 

I'll keep you posted

 

Thanks

Atty

[gadget70]

Hi guys I'm new to the forum,

 

I too have just had a rejection letter from Egg regarding a PPI Claim with Egg stating exactly the same excuse ,

that I completed an on-line form blah blah blah ..

 

.. I am about to write back and challenge this as having read through the threads here I have learnt that at the time

I applied for a card on-line Egg were pre ticking the boxes.

 

Having also found an old article from the Guardian where they report Egg were fined for their mis selling tactics over the phone

it makes me feel that the pre ticking of the boxes was a crafty way of getting people to sign up for PPI without actually realising it,

 

I know that Egg will probably say if I have read through T&C's properly then I could have declined

but I cant help thinking I still have an argument ,

 

can anyone please give me some extra ammo ?

 

many thanks

[dx100uk]

i would use exactly what you hve here

 

you'll never get an acceptance letter first off.

 

i hope you did the correct route.

 

FOS CQ+SOC+covering letter.

 

dx

[Atty]

Hi All,

 

Just a quick update...

 

I sent off a FULL SAR template letter to Egg marked Subject Access Request and have received the following reply:

-That I also noticed from reading other Egg CC card threads on CAG seems to be Egg's standard non co-operative response to SAR requests!

 

Thank youfor your recent request for an executed copy of the credit agreement foraccount number xxxx xxxx xxxx xxxx with Egg Banking plc under section 78 (1) ofthe Consumer Credit Act 1974

 

As theaccount you refer to is now closed I have to inform you that Egg are under noobligation to comply with a request for a copy of the executed agreement underthe Consumer Credit Act as we no longer have a contractual relationshiprelating to this account, nor are we seeking to enforce any agreement on theaccount.

 

The right tobe provided with this information from Egg Banking plc ended with the closureof the account.

 

Section 78(3) (a) of the Consumer Credit Act states that section 78 (1) does not applywhere ‘no sum is, or will or may become, payable by the debtor.’ The right torequest an executed copy of an agreement is found in Part VI of the Act, whichis entitled ‘Matters arising during currency or credit or hire agreements’, sowhere an agreement is no longer current the right to request or be providedwith a copy of the executed agreement therefore ceases.

 

I sent a postal order with the SAR request for £10 made payable to Egg PLC... and guess what after querying this with the post office they have cashed it anyway

 

I guess my next move is to send a copy of my original SAR request stating that they have not complied with my original request as they have treated it as a CCA request, is it best to send

one of the failed SAR template letters?

 

Regards

Atty

[ims21]

Yes....failed SAR letter and a note to the effect that in your view and having clearly laid out what you wanted and enclosed the appropriate payment, they are in breach of the Data Protection Act and that you will be filing a formal complaint with the ICO.

 

Are they over their 40 days?

[dazhaz]

Just got a letter back from Egg today, seems standard response to quote:

 

“After carrying out a full review of your account. I have etablished that you purchased the insurance through the egg website on XX Nov 2001

Our online sales process:

- Does not require you to take repayment protecection insurance as a condition of obtaining the credit card.

- Does not provide an advisory service

- Required you to positiviely confirm that you wished to purchas this policy during the online application

- Provided full terms and conditions of the policy and requested you read them before submitting”

 

They did not uphold my claim even though I had proof of a post sales letter which said I must send back signed ppi form before i would be issued a card!

 

Any ideas?

 

Cheers.

[ims21]

Just got a letter back from Egg today, seems standard response to quote:

 

“After carrying out a full review of your account. I have etablished that you purchased the insurance through the egg website on XX Nov 2001

Our online sales process:

- Does not require you to take repayment protecection insurance as a condition of obtaining the credit card.

- Does not provide an advisory service

- Required you to positiviely confirm that you wished to purchas this policy during the online application

- Provided full terms and conditions of the policy and requested you read them before submitting”

 

They did not uphold my claim even though I had proof of a post sales letter which said I must send back signed ppi form before i would be issued a card!

 

Any ideas?

 

Cheers.

 

So you had a letter saying you had to agree to take the PPI before they issued a card and you have the proof of it?

 

I would say its game over then.

 

Please start your own thread.