Egg Card now owned by Barclaycard

[MandM]

Well what a surprise, received a reply back from the adjudicator.

 

 

 

 

 

It would seem that a final response can mean what ever the company that sends it deems it to be.

 

Trying to think of what else to do now.

 

I suppose they have not said they are not upholding my complaint just that they are not going to look into it.

 

What really annoys me is that this has taken them 5 months to tell me this, surely whoever looks at these cases before it is sent to the adjudicator should know these things and tell people before they spend months waiting.

 

Any advice or comments would be greatly appreciated.

 

MandM

[MandM]

OK. Seem to have hit a bit of a brick wall with this!!!

 

I originally complained to EGG about this PPI back in 2008, but was not that aware of what I was doing, and when they said "tough, you ticked a box online" I thought that was that.

 

I found CAG in the meantime and early this year I thought i'd give it another go and this time I got the same answer from Egg so referred it to the FOS.

 

After 5 months the FOS told me that as I didn't go to them the first time back in 2008 I had lost the "6 month" opportunity and therefore the FOS could not uphold the complaint.

 

I just need to know where to turn to next. Should I pursue this further without the FOS? And if so, how would I go about it?

 

Any thoughts or ideas greatly appreciated.

 

M

[MandM]

bump :

[dj1971]

MandM,

 

You still have the option of going down the court route.

 

Do not have any experience of this, but I believe it is a simple matter of going to your local court and obtaining a claim form. Once completed you return the form along with the appropriate fee ( I believe it is around £65 ) and the court will guide you from there.

 

Of course there are plenty of others who have gone down this route and I am sure they will be only too happy to lend a guiding hand.

 

DJ

[MandM]

MandM,

 

You still have the option of going down the court route.

 

Do not have any experience of this, but I believe it is a simple matter of going to your local court and obtaining a claim form. Once completed you return the form along with the appropriate fee ( I believe it is around £65 ) and the court will guide you from there.

 

Of course there are plenty of others who have gone down this route and I am sure they will be only too happy to lend a guiding hand.

 

DJ

 

Thanks. Certainly considering it at the moment. My concern is the value. It's well over the threshold for small claims. Not sure if i'd be comfortable with starting a claim that's destined for fast track and the associated costs burden if I lost.

 

So i'm having a read up while i consider the options without the FOS

 

The 'debt' is currently somewhere between ARC and Mr Munn. Pretty sure there's not enough balls there to give me the opportunity to counter claim.

 

Why couldn't I have Bryan Carter

 

M

[MandM]

Hi Mrs M here.

 

I have been reading through the book I bought (small claims procedure). I came across some interesting facts which I am thinking could be applied to our problem with the PPI on our egg card.

 

As you know the FOS have said they will not help us as we have gone past the deadline, we would like to take it to court but as the sum is for £10,000 including the interest we just cant afford to go fast track because of the cost.

 

Having read through the book on putting claims through the small claims i read a section that says

" if the claimant is seeking interest then the claim must be fully set out on the claim form (rule 16.4(2). Failure to set out a claim for interest on the claim form is likely to prevent the claimant from being awarded interest at the hearing."

 

What I would like to know is can this be set out as you would for Statutory interest without putting an amount.

 

The reason I ask this is we are thinking of putting the claim through small claims as the amount of PPI premiums is under the £5000 threshold.

 

The book also says,Interest is not taken into account when deciding if the case qualifies for small track, but interest is taken into account when calculating the court fee.

 

Can some one explain what this means in layman's terms.

 

This would help us immensely as it would give us a way of trying to get the money owed to us but without it costing a fortune. Obviously the DJ could still turn round and say he thinks it will take to long to hear the case at small track and opt for fast track but, at least it gives us a chance to see how the land lies.

 

Mrs M

Edited October 11, 2010 by MandM
spelling

[MandM]

BUMP

 

Mrs M

[slick132]

Hi Mrs M,

 

Looking in as asked.............

 

AFAIK, the amount of your claim would include the Premiums and contractual interest thereon.

 

The only interest you ignore for the purposes of determining the amount claimed is Stat'y Int't.

 

8-)

[Turnaround]

Hi M&M

 

Not sure if this info is relevant to your issue? "PPI claims on hold"

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?279856-PPI-Claims-on-Hold-as-legal-action-taken-against-FSA

 

Regards....Turnaround

Edited October 11, 2010 by Turnaround
typo

[MandM]

Thanks Slick.

 

going down another road, what if we did not claim for the contractual interest and only claimed for the premiums and the statutory.

 

It might seem a bit strange but if we won we would still come out with something whereas at the present time we have nothing due to the FOS and their 6 month rule.

 

Sorry turnaround cant open that link. Will try another way.

 

Mrs M

[MandM]

Hi Guys

 

Am off to bed as I have been drafting claims most of the day and my eyes are drooping will look back in the morning.

 

Thanks for your input.

 

Mrs M

[Turnaround]

M&M

 

The thread is in this forum, posted by Heatman and entitled "PPI Claims on Hold as legal action taken against FSA"

 

Sorry try this one

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?279856-PPI-Claims-on-Hold-as-legal-action-taken-against-FSA

 

Regards…Turnaround

Edited October 11, 2010 by Turnaround
corrected link

[slick132]

Hi Mrs M,

 

What are the approx totals of PPI and of the s.69 interest.

 

8-)

[MandM]

Hi Slick.

 

Works out at just under £5k PPI & just over £3k S69

 

Mrs M

Edited October 12, 2010 by MandM

[slick132]

Couple of points.

 

1. If this is a claim based on old PPI charges, why is the difference between compound int't and s.69 int't so small. Without doing the maths, I would have thought that a claim that goes back as far, showing £8K with PPI + s.69 int't to be worth more like £12 - 15K or more at the a/c's contractual rate.

 

2. Even if your maths is all fine, I see no benefit in claiming £8K instead of £10K as they would still both be d/w on the Fast Track.

 

Are you concerned about the cost to you initially in court fees, or the risks of the defendants costs against you if you lost.

[MandM]

Hi Slick,

 

M here,

 

 

Couple of points.

 

1. If this is a claim based on old PPI charges, why is the difference between compound int't and s.69 int't so small. Without doing the maths, I would have thought that a claim that goes back as far, showing £8K with PPI + s.69 int't to be worth more like £12 - 15K or more at the a/c's contractual rate. Quite right. The whole claim is close to £15k

 

2. Even if your maths is all fine, I see no benefit in claiming £8K instead of £10K as they would still both be d/w on the Fast Track. £4.5 + Sec 69

 

Are you concerned about the cost to you initially in court fees, or the risks of the defendants costs against you if you lost. This bit.

 

Just looking to see if there's any benefit in trying to keep it SC instead of fast track.

 

In the back of my mind i'm also thinking about the £25k win (for now) that i've had with Egg on another issue. So we're looking at all options.

 

M

[slick132]

Ahaa, now your figures make more sense to me.

 

Personally, I think your choice should be made on the basis of how strong your case against Egg's PPI is. I cannot answer that as PPI is not a strength of mine.

 

The questions are :-

 

1. Do you have a strong claim for mis-selling.

2. Do you have a good chance of getting back the older PPI, ie that which is beyond 6 years.

 

Obviously, if you lose on Small Claims Track with a claim under £5K, your costs should be limited.

 

But if you lost on Fast Track, your exposure to costs could be considerable.

 

I hope you can get some more informed advice than mine. 8-)

Edited January 24, 2011 by slick132
typo

[MandM]

Ahaa, now your figures make more sense to me.

 

Personally, I think your choice should be made on the basis of how strong your case against Egg's PPI is. I cannot answer that as PPI is no a strength of mine.

 

The questions are :-

 

1. Do you have a strong claim for mis-selling. Working on this now

2. Do you have a good chance of getting back the older PPI, ie that which is beyond 6 years. All figures to hand. SB not discussed or suggested yet.

 

Obviously, if you lose on Small Claims Track with a claim under £5K, your costs should be limited.

 

But if you lost on Fast Track, your exposure to costs could be considerable. My thoughts also.

 

I hope you can get some more informed advice than mine. 8-)

 

Thank you for this. Will look at the various options and post up what I find. Should be interesting .

 

M

[MandM]

Hi everyone.

 

Just thought I would update on this thread.

 

I wrote to Egg 18/10 asking for a copy of my online application, got a reply with a copy of my agreement.

 

Wrote back 20/11 and said I had asked for a copy of my online application, got another reply with the online application for a loan instead.

 

Wrote again 13/1/11 asked them if they were having a problem with the English language I was using for my letters and again asked for a copy of my online application form.

 

I have a feeling that they either cannot find it or there is something that they do not want me to see.

 

I gave them another 14 days which gives them until the 27th, I do not want to go the ICO route as I have someone in the family that has done this 6 months ago and is still waiting.

 

What should my course of action be if they still do not send it, I need to know if they have still got this screenshot as regards the PPI claim.

 

Mr M

[Jim Pike]

Hi MandM

 

I'm still watching your thread, I have sent SAR request to EGG mainly to get statements etc, SO I can work out the PPI mis-selling. they have replied with bulls droppings asking me which transcripts of calls I want And dates/times etc.

 

Your thread could well be mine, as everything in it applies to my EGG card, took out 2000 dial up internet timing out rushing to fill in online form, clicking all available boxes to try to speed up process. BANG ON.

 

I don't hold out much hope at the moment, but fingers crossed.

 

Keep up the good work.

 

JIM

[MandM]

Hi Jim.

 

Nice to hear from you. Good luck with yours.

 

Will post up as I get news.

 

Mr M

[beachcomber60]

Hi MandM,

 

Have had similer fun myself with EGG & like JIM completed online application quickly to avoid 'time out'.

 

Egg refused ppi reclaim so I went to the FOS, before the FOS looked at it EGG agreed to FOS guidelines & refund ppi premiums + 8% simple interest as a gesture of goodwill, FOS sent acceptence form for me to sign and said egg would write confirming the amount of refund - they didnt & just refunded premiums & 8%.

 

After a long battle with them I asked the FOS to reopen the case, I had a call last week from the FOS stating that they will reopen the case as to Compound Interest but Egg have told them (FOS) that they do not charge interest on premiums & it was for me to prove otherwise also if the FOS find that the ppi was not mis sold I would be required to repay EGG their 'gesture of goodwill' refund of about £3K - OUTRAGOUS

 

Compound interest is about £1,600 but not sure I can take the risk of FOS siding with EGG (especially as things seem to be leaning towards creditors these days).

 

Beachy

[igglepiglet]

The fact is even if PPI premiums don't attract interest, your monthly/one-off repayments pay those premiums off first, before they reduce your rolling balance (which does attract interest).

 

So if you had never been mis-sold PPI your rolling balance would have been reduced faster, thereby reducing the amount of compounding interest. You can calculate this chunk of interest just by calculating what the interest would have been on PPI premiums. I think both sums are effectively the same thing.

 

Make sense?

 

I will look at my Egg statements later and see whether PPI really does attract interest or not. But either way, the FOS guidelines on restitution are clear. They have to bring your account standing to where it would have been had you not been mis-sold. That's my understanding.

 

I hope somebody with more experience can clarify that my position is the correct one.

[Neeta]

Hi

 

I have read through your thread whilst trying to find help with my own situation, I've posted a couple of times in this forum but as yet I haven't received much in the way of help.

 

I have sent SARs and received back the CCAs and all the statements so I have a full list of all the amounts paid in PPI on 3 credit cards

 

Hope you don't mind if I ask you a couple of questions?

 

First of all did you use the standard template letter that is on this wiki page? http://www.consumerwiki.co.uk/index.php/PPI

 

Secondly how do you calculate the interest on PPI? I found some excel spreadsheets here http://www.consumeractiongroup.co.uk/forum/content.php?559-Interest-Calculation-Spreadsheets but I think these are for CC charges rather than interest on PPI?

 

Also, when you write to them do you tell them the total amount you are 'claiming' back or do you include the spreadsheet with the calculations?

 

I'd be grateful for any pointers you can give and good luck with your mission!

 

N x

[MandM]

Hi MandM,

 

Have had similer fun myself with EGG & like JIM completed online application quickly to avoid 'time out'.

 

Egg refused ppi reclaim so I went to the FOS, before the FOS looked at it EGG agreed to FOS guidelines & refund ppi premiums + 8% simple interest as a gesture of goodwill, FOS sent acceptence form for me to sign and said egg would write confirming the amount of refund - they didnt & just refunded premiums & 8%.

 

After a long battle with them I asked the FOS to reopen the case, I had a call last week from the FOS stating that they will reopen the case as to Compound Interest but Egg have told them (FOS) that they do not charge interest on premiums & it was for me to prove otherwise also if the FOS find that the ppi was not mis sold I would be required to repay EGG their 'gesture of goodwill' refund of about £3K - OUTRAGOUS

 

Compound interest is about £1,600 but not sure I can take the risk of FOS siding with EGG (especially as things seem to be leaning towards creditors these days).

 

Beachy

 

Hi Beachy,

 

but Egg have told them (FOS) that they do not charge interest on premiums & it was for me to prove otherwise

 

On my statements they clearly charge interest on the PPI if that helps. Have you still got yours?

 

M

Edited January 31, 2011 by MandM
Typo