EGG say no to PPI claim

[siriusb]

Well I've had my letter back from EGG who don't uphold my complaint for thefollowing reason (card taken out online in 2003 by the way)

1) Online sales at that time did not require i take out ppi as condition of obtaining card

2) Online sales at that time did not provide an advisory service.

3) Online sales at that time required you to positively confirm that you wish to purchase policy

4) Online sales provided full T&C and requested you read them before you submitting application.

 

I have sent a SAR request off, which i know may take a little while.

 

Am I dead in the water here. I don't remember asking for PPI or 'positively confirming' - i guess that means a tick - anything.

 

They've said this is their full and final response.

 

HELP!

 

Hx

[dx100uk]

it well known that the egg site required you to tick the box

before allowing the loan to be granted

 

DONT give up at the first hurdle.

 

dx

[siriusb]

Hi,

It was a credit card - does that make a difference?

I certainly don't want to give up. I'm not sure how to prove/ disprove the tick thing.

 

i

Other threads mention asking for screen shots (before and after I guess). Was it standard practice for Egg to pre-tick in Dec 2003?

They did repay for missile ppi on a loan that was taken out later.>

[siriusb]

Sorry about all the gumf in my pervious message!

 

Does anyone know if online applications in 2003 pre-ticked the ppi box?

 

I've found reponse letter by dx100 for another cagger but it would be great if someone knew this tick box thing for sure. I've read that guardian article but that seems mainly to focus on phone sales whereas mine was an online application.

 

Hx

[dx100uk]

Some forms ask a consumer to "deselect" PPI – usually by ticking a box if they do not want PPI. Where this happens, we are likely to conclude that a policy was mis-sold – because the consumer doing nothing would have been interpreted as the consumer choosing to have PPI. This might not have been the case.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi-our-approach.html

[siriusb]

Ok, how does this sound? I've cribbed it together from other replies i have seen posted on the forum..

 

Dear Sir,

 

I am writing in response to your letter dated xxxx.

 

I believe your response is speculation based upon how EGG ‘think’ the process worked at that time.

 

I can assure you I would not have ever taken out CRP if the option were allowed. The CRP box was pre-ticked, with little or no obvious method to deselect it, or to be able to progress with the application were it un-ticked.

 

I respectfully refer you to the Financial Services Authorities findings of 2008 with regards to sales techniques employed by EGG in previous years.

 

Please forward me screenshots of my application to prove I DID manually select CRP rather than it being the case that I did not ‘unselect’ a pre-ticked box. Please also provide an electronic log to show I looked at, and confirmed reading, the Terms & Conditions of a policy I did not request.

 

If you are unable to provide these items I respectfully request you reimburse me all CRP payments made, with correct interest rates applied since each CRP payment, on the factual basis the policy was mis-sold.

=====

 

Does that sound ok? Firm but not sh*tty?

 

Hx

[siriusb]

Hello all,

 

I tweaked the above response before i send it giving them 14 days to send me the screen shots or confirm the refund of ppi.

 

However - I am totally aware it will most probably get bounced back BUT i have been reading how some pre-2005 creditors were not covered by the FOS. I opened this account in 2003 - so will the FOS be an option for me does anyone know?

 

Hx

[siriusb]

Egg tuned down my initial claim so I sent a letter asking for screen shots to show i ticked a box rather than didn't un-tick it or if they couldn't provide that please refund my premiums plus interest etc.

 

The 14 days I gave them is almost up and i suspect I am unlikely to hear a dicky bird.

 

Has anyone ever got screen shots if they have asked for them?

 

Has anyone ever gone down the court route rather than the FOS route?

 

I'm not even sure where to begin or the costs involved but i would welcome any imput.

 

Hx

[siriusb]

Hello,

 

Well thanks to CAG I am fired up and looking to deal with the mis-sold PPI rejections I have.

 

From what I have read the FOS can be good but are snowed under so I have been looking into the possibilty of going the court route.

 

I have read a few posts where poeple have done this with mixed results, but I am a bit confused. Is it small claims or County court that I need to use, or can i use either? If i were to lose would I have to pay the other sides costs (that is the scary bit)? What kind of timeframe do county or small claims work to?

 

I'd really welcome any advice or caggers experiences in this area

Edited August 28, 2013 by siriusb

[Conniff]

So you have claimed and been rejected ?

 

Do you have all the poaperwork to show that the claim was missold ?

 

It would probably be small claims depending if you have a lottery win to claim back or not.

[siriusb]

I like the idea of a lottery win but sadly it's not quite that much. The figures tend to be around the £2000-£3000 mark.

 

I have responded to one of the rejections, but they have failed to provide the screen shots I requested to substantiate them not upholding my complaint or acknowledge my second letter in anyway.

 

I am still waiting on two more responses but let's just say i am not hopeful.

[ims21]

For the values you mention your action will be brought in the county court and should be allocated to small claims track.

 

If you are suing for mis-sold PPI then bear in mind that the onus of proof (civil burden on the balance of probability) will be on you as the claimant. As a result you will need to have all of your facts, evidence and arguments well prepared beforehand. In addition you will need to ensure that the amount you are claiming is quanitfiable and that you can argue your case for this effectively.

 

You have some threads running on PPi already...which one are you thinking of taking to court?

 

By your opening statement as to whether it is Small Claims or County Court it would appear that you need to do some research as to what the court process is all about before you issue a claim.

 

We will help you all we can but at the end of the day it will be your case and yourself who is in court arguing your case with a Judge and, quite possibly, representatives from the other side.

[siriusb]

The thing I am the least worried about is the actual 'day in court'. For me it is getting all the right papers together and what scope of costs could be levied at me if I lose

 

Going through the Gov website it would seem that both are initiated the same way.

 

The first one on my radar is Egg.

[ims21]

Generally there are no costs in small claims track provided you follow the court protocols and directions as required.

 

You will issue your claim in the county court and it is more than likely be allocated to small claims track given the quantum of the claim.

 

With respect, I think you ought to be worried about the day in court and ensure that you prepare, prepare and prepare again. If it gets that far then that is the make or break time where your claim will be decided one way or the other.

[siriusb]

Please don't think i was being glib - i mean that i am more concerned about the preparation and getting that spot on (in as much as i have no experience of taking anyone to court).

 

I see it can all be done online (initally) but as I have not had sight of the forms I do not know whether I include any previous cases etc at the early stage.

[ims21]

I meant no offence but just wanted to make sure that you were aware of what might be ahead.

 

There is a sticky here which was written by andyorch which is a guide to the issue of proceedings in court.

 

Have a read as it has some excellent information in it

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

You might like to have a read of some of the other stickies in the legal forum to get a grounding on some of the legal matters.

 

Come back here when you have had a read.

[Conniff]

This is a nice article

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?394131-Small-Claims-actions-in-the-County-Court-FAQ-work-in-progress&p=4259606#post4259606

[Grotesque]

Bet they wouldn't have taken them themselves eh!

[siriusb]

Hi,

 

Just a general query. If you have been sent a rejection final response letter and you have sent a letter back asking for proof of certain things to substantiate their position (or if they can't then refund the ppi etc please) are the compies under any obligation to:

a) acknowledge your letter?

b) provide the proof you require within a given timeframe?

 

Hx

[ims21]

The final response letter can be taken as your being clear to pass the case to fos.

 

It doesn't necessarily mean that you cannot challenge their findings.

 

Some lenders will write back and say they have issued their final response and will not engage any further so in that case fos is the option. Others will still engage with a claimant especially if there is new information presented. We have seen cases on here where decisions have been reversed after being challenged by the claimant.

 

There isn't any obligation (apart from common courtesy) to acknowledge a letter.

 

For your final question, in what contact are you talking about "proof"? what proof are you asking for?

 

EDIT: I mean what items are you asking for in terms of proof?

[siriusb]

Thanks for the quick response.

 

I am asking for screen shots to verify point 3 of their bog standard rejection - that being that the online sales process at that time required me to 'positively confirm that i wished to purchase this policy during the online application'.

 

I have asked for screen shots to confirm that i actually ticked a box rather than not 'un-ticking' a pre-ticked box,and i have asked for proof that i read the terms and conditions of the policy (point 4 of the rejection being that online sales requested you read t&cs before submitting).

 

In my response I have asserted that a pre-ticked box is very much akin to 'advising' that a product be taken out - my rather rudimentary rebuttal on point 2 of the rejection.

 

Whilst I doubted they would change their mind I am surprised at the lack of acknowledgement.

[ims21]

Ah right...got you.

 

Have you ever sent these people a SAR?

[siriusb]

Yes, but no screen shots in with it.

 

Think out of courtesy (and the fact that it may show greater reasonableness on my part with FOS or court) i will send them a chase up letter (maybe even to their CEO too) and see if that elicits any response.

[ims21]

Yes...if you can show that you have attempted to settle this matter direct with the lender it can only help if fos or court are needed.

[siriusb]

I am not sure whether I am being dim or just plain inept but i can't seem to track down who the European head honcho is for EGG / Canada Square.

 

Anyone have any ideas?