*** EGG refuse SAR request ***

[Tenmen10]

Good afternoon all,

 

I had some good news with my Lloyds/TSB claim recently (won £8,800) but more predictably some Banks are not being quite so obliging . . . .

 

I foolishly sent a PPI request to Egg back in April without first requesting an SAR. I was unsure as to who to send the request to Egg or Barclays so sent it to both and Egg replied in late May.

 

Barclays have not replied to any of my letters, though Egg have. Their refusal was for the following reasons -

 

* No requirement for me to take PPI as a condition of obtaining the Egg card,

* Egg do not provide an advisory service,

* I was required to positively confirm I wished to take out this policy (I don't remember this!)

* Full Terms and Conditions were provided.

 

Belatedly I thought it best to send for an SAR to test the above and provide details of how much I have claimed if I need to take things further. Yesterday Egg provided me with a reply -

 

 

 

Your request for a copy of an Egg CreditAgreement

 

 

Dear MrTenmen

 

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VI of the Act, whichis entitled ‘Matters arising during currency or credit or hire agreements’, sowhere an agreement is no longer current the right to request or be providedwith a copy of the executed agreement therefore ceases.

 

Yourssincerely

 

Steve Birkinshaw

Head of transaction Services

UK Consumer

 

I thought I had read something similar somewhere on here on CAG but I can't seem to find the thread/s. Am I right in believing that this is wrong? If so, what next? Is there a template letter for following this up or am I best going straight through to the FOS or Court?

 

Its annoying that Egg have a pretty bad reputation regarding PPI mis-selling yet are seemingly allowed to follow the same practices at refusing particularly refusing an SAR which I believe I am legally due should I pay the £10 (I have and they've not returned or cashed the cheque).

 

The SAR letter does quite clearly say Data Protection Act 1998 Subject Access Request not Consumer Credit Act 1974 which they are quoting, deliberately I would guess.

 

Any thoughts, further reading?

 

thanks

 

Tenmen10

PPI Reclaim cases;

 

Halifax Credit Card - WON - £295.00

Lloyds/TSB Loan/s - WON - £8,865

MBNA Virgin Credit Card - WON - £487.00

RBS/Style Store Card - OFFER MADE - Awaiting SAR as offer seems too low!

Barclaycard Visa & Mastercard - 2 LETTERS SENT, NO REPLIES RECEIVED. Researching claim, due to contact fos.

Egg Credit Card - CLAIM REFUSED - Non-advised sale, PPI not required for sale, full T&C's provided! - Awaiting SAR

Santander Burtons Store Card - CLAIM REFUSED - Telesale, advisor explained main features, PPI chosen - AWAITING SAR

Santander Debenhams Store Card - CLAIM REFUSED - Tick for PPI on Agreement, I didn't, 30-day review, non-advised sale - AWAITING SAR

HFC - Loan for TV Purchase - Awaiting claim reply

CitiFinancial - Loan - Awaiting claim reply

[ims21]

That is a response to a CCA request.

 

Are you sure you sent a SAR with the £10 fee?

[citizenB]

Sounds to me as though you sent a CCA request and not a Subject Access Request.

 

They are correct - if the account is closed, then they do not have to provide you with a copy of the agreement.

 

Suggest you send proper SAR request. Draft letter in the CAG library. YOu will need to send £10.00 with the request. They have 40 calendar days to comply - who knows, althought they dont have to supply the agreement with an SAR request, they might just include a copy

 

Other data should help you with your PPI claim anyway.

[Tenmen10]

ims21. citizenb,

 

thanks for your reply, heres a copy of the SAR request I sent, I sent the same to Lloyds/TSB who didn't refuse and I've sent 2 other SAR requests recently one of which has had the cheque cashed. I'm fairly certain Egg are simply being deliberately obstructive but I'd appreciate it if you take a look and if I've gone wrong point out where?

 

I've looked again at SAR request templates and this seems very similar to the ones I've seen.

 

DATA PROTECTION ACT 1998

SUBJECT ACCESSREQUEST 18th June2012

 

 

 

Dear Sir/Madam

 

 

Name: xxxxxxxxxx

Including Account No/ No’s: xxxx xxxx xxxx xxxx

ref: xxxxxxxxxx

 

I understand that you currently hold detailsof my personal and financial information within your internal record systems with regard to personal loan accounts and/or Credit Cards.

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and/or Credit Cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization (some of the account numbers are listed above):

 

 

* Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

· A complete list of all transactions or statements relating to ALL of my Loan Accounts and/or credit cards with your organization.

* Copies of all documentswhich include any of my personal information including copies of any contactsor invoices, emails or computer records containing my personal information, or any records which pertain to this information.

· Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

· Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

· Full hard copy printouts of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a cheque inthe sum of £10 to cover your fee.

 

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

 

I look forward tohearing from you in the first instance of receipt.

 

Yours faithfully

 

 

xxxxx xxxxxxxxx

Edited July 2, 2012 by Tenmen10

[ims21]

Yep...that's a SAR.

 

Need to write back to them enclosing a copy and a copy of their original response and tell them that they have not complied with your SAR and that the clock is still ticking for their 40 days.

 

If their 40 days are up give them 14 to comply and tell them that you will then be filing a complaint with the ICO and may take legal action to force compliance.

[Tenmen10]

ims21,

 

cheers for the prompt response, I thought I was OK but thought it best to check with the experts,

 

regards

 

Tenmen10

[Tenmen10]

Right,

 

sent second SAR so will now wait and see what tripe they throw at me next - reply is due late July, early August.

 

I get the feeling Egg aren't going to give this one up lightly, I wouldn't mind but its only 3 years worth, I don't expect it to be much. God help anyone who has claims going back a considerable time!

 

Tenmen10

[MrHat]

Typical. This happened with me. I sent a sar and obviously someone scanned through my letter and processed it as a cca request. I wrote back to tell them of their error, didn't pay a second fee, and got my sar in the end.

[007coot]

I posted about the same thing recently, this is the same reply I received and I thought it was possibly because my first SAR said “Please inform me, prior to processing this request, if you require a fee to be paid.” So therefore they didn't action it.My letter clearly stated Subject Access Request in large bold print across the top but as no fee was enclosed and I had mentioned that I required a copy of my credit agreement they treated it as a CCA instead. It seems that even if you enclose a fee they still send this letter!

 

 

 

I have now sent another SAR with the fee enclosed and bullet pointed everything I require. Let’s see how they respond this time! Please keep us updated as it seems we are getting similar responses to the same requests so would be interesting to see how each other’s claims progress. If I get the same letter again then I’ll do as ims21 suggested and send a copy of it back, with my original 2 letters and tell them they have failed to comply. They make this such hard work! Best of luck

Edited July 5, 2012 by 007coot
spelling mistakes! lots of lol!

[Tenmen10]

Hi 007cool,

 

I'll happily keep you updated, don't worry if I don't reply very quickly I've got a load of claims going on similar to this and I don't get much time to sit at a PC and update.

 

Good luck to you and yours

 

regards

 

Tenmen10

[Tenmen10]

007coot/MrHat,

 

Finally,

 

just received my SAR from Egg this morning I've had a quick look through but can't seem to find any documents relating to my application but I'll have a good luck through over the next couple of days. At least something has been sent.

 

I'll update once I get chance to check through everything,

 

regards

 

Tenmen

[Tenmen10]

:xGood evening all,

 

Seems my feelings about Egg refusing to make life easy for me are spot on . . . . .

 

I've read through my recent SAR from Egg BUT it is actually called a Data Subject Information Request (DSIR). It sounds similar but is it?

 

Although it explains what a DSIR is it also has a section explaining which information is not included which conveniently enough includes Insurance Products (including Card Protection Policy). It also explains that if I wish for this data in relation to my insurance policy I will have to write a seperate letter??? I've already paid £10, am I obliged to pay again?

 

The DSIR does contain my Credit Card statements showing CPI/PPI payments as well as a copy of the Credit Agreement signed by myself (no mention of CPI on this) and a selection of sheets showing contact between myself & Egg - one of these sheets states that a questionnaire letter was sent regarding my PPI complaint which I have not received. The Credit Agreemnt sheet has nothing regarding possible exclusions in fact it is very brief.

 

Egg have already sent me a letter refusing my SAR (above) and I'm getting pretty annoyed now but don't want to go dashing off and making the wrong call at this stage. Should I contact Egg (again) or go to the FOS?

 

regards

 

Tenmen10

[ims21]

You have now had a SAR response and it appears to contain all of the correct data.

 

You won't get a copy of the insurance policy with a SAR and you don't need it for a PPI reclaim.

 

The consumer questionnaire you can get from the fos website.

 

You should now have the details necessary to prepare your claim

[Tenmen10]

Hi ims21,

 

I just was not convinced this DSIR was what I requested, it didn't seem as in depth as other SAR's. With them seemingly 'misunderstanding' my previous SAR request I thought they were trying to pull another fast one.

 

I have already made a claim to Egg which they have refused, they have stated that I was required to positively confirm I wished to take out this policy, I would have assumed proof of this would be in the enclosed info, also no copy of the Full Terms and Conditions were enclosed which they have also stated I was sent.

 

I'll use the PPI calculator and get started with a claim to the FOS,

 

cheers

 

Tenmen10