Egg card now FOS agreeing with them with incorrect info

[donnaam]

I took out a card with egg online in 2001 and as statements were not sent out I honestly did not realise there was PPI on it. I complained to egg 2 years ago and got the response I would have had to "opt in" which is something I would never have done as I was in the process of going self employed at the time. Claim sent to FOS in October 2011 and letter received this morning saying they were not upholding the complaint. I called to ask why as there reasons in the letter did not explain very well and I was told it was because they had a copy of my application and I must have opted in.

 

I asked to be sent a copy as in my SAR request to egg 3 years ago I was told there was no application available. They sent it by email and it is not the application we filled in but simply an application review and the only place PPI is mentioned is where it asks if there is insurance and it is filled in with accident and unemployment but this form also has our credit score etc so this is something we would not have had access to and all it proves is that there was PPI not how it was sold!!!

 

Furthermore, information on the form is incorrect. There is a 1.5 year difference in the time in employment and the time the bank account has been help despite both of these being at the same time in 1991 when I stared my apprenticeship. They have the bank account as being opened 18 months later!!!!!

 

My name on the application form is missing my two middle names and FOS said maybe we didn't give them but when I asked them to check every bit of paperwork I sent from my SAR to egg they all have my full name but yet according to the review I didn't put them on the application form.

 

Also my income at the time while about right it states on the application review I had no outgoings inc mortage/ council tax/ other credit commitments ect eh??? Of course I did and this information would have been put on the application as well.

 

While employer name and my address are correct there is a lot of information on this "application" that is not.

 

Is it worth my while asking for this to be looked at by the ombudsman as the FOS decision is based on something that has obviously not been taken from mt application form as there is so many mistakes on it

 

Thanks very much for any advice

[ims21]

From what you say it sounds to me as though fos have not investigated this very well at all.

 

If it were me I would write back to fos telling them that you believe their investigation to be flawed and that you wish to escalate it.

 

Set out each of the points you want to question in a bullet list form, make your observation and ask the questions as to how they arrived at their conclusion when the evidence clearly points in a different direction.

 

While you may be angry, keep emotion out of the letter and make it professional and business like.

 

Escalating the complaint within fos may well gobble up some time but I think it warrants a further look.

[donnaam]

FOS called back today and they are no budging. Despite being told yesterday the application (it is not even an application) was the basis of their decision they are now saying that the main reason it has not been upheld is because the policy was suitable for me as I was working full time and so I could have had benefit from it despite the fact I did not want or need it!!!!!!!

 

They are not interested that this application screenshot is blatantly full of errors that do not even add up or make sense and they have told me the only way they will even look at this is if I can provide a copy of my original application and there is no proof of what I put on it even though there is so many mistakes and totally wrong information that it could not possibly have been taken from the original application.

 

They have said they are aware there was pre selected boxes at the time of my application but also that opt in boxes were also used and unless I can prove mine was in fact preselected then they will use probability. I explained that I was informed as part of my SAR request to egg that the Credit agreement or application details were not available and yet this has magically appeared filled with wrong information but apparently the onus is on me to prove this information is wrong:mad2::mad2:

 

I am so angry I feel like contacting Canada square and asking why there is so much waffling on their documentation to FOS, documentation that they told me was not available during my SAR request....FOs reply to this they always look harder for us. Correct me if I am wrong but I thought A SAR request was a legal request for all information held for that account. I have been told I can ask for it to be looked at again but as they will use the same decision making process it is unlikely their decision will change.

 

Maybe I should give this up but I am so frustrated by it all any advice?