Empire strikes back v Egg Card Repayment Insurance.

[Empire Strikes Back]

Have just come back from Court with Egg, they have settled in full for the charges and are defending the Credit Card Repayment Insurance Claim. I had never authorised them to take this from my account and they have failed to send me a copy of my original agreement. The case has now been listed for the beginning of April and Egg and I have 28 days in which to file our witness statement and papers. Judge tried to warn me off claiming this as I had let it go on for 3 years before challenging it. I explained that I was running my own business at the time and never checked the online statements until I sold the business and started to organise my finances. as I was self employed at the time this insurance would not have covered me anyway. I now have to get another bundle and witness statement ready, any advice would be welcome, i am determined to boil this Egg dry!.

[angry cat]

Have just come back from Court with Egg, they have settled in full for the charges and are defending the Credit Card Repayment Insurance Claim. I had never authorised them to take this from my account and they have failed to send me a copy of my original agreement. The case has now been listed for the beginning of April and Egg and I have 28 days in which to file our witness statement and papers. Judge tried to warn me off claiming this as I had let it go on for 3 years before challenging it. I explained that I was running my own business at the time and never checked the online statements until I sold the business and started to organise my finances. as I was self employed at the time this insurance would not have covered me anyway. I now have to get another bundle and witness statement ready, any advice would be welcome, i am determined to boil this Egg dry!.

 

Hi Empire-

 

Very good news to hear that Humpty has settled your charges in full, if your claim was like mine, it wasn't easy as the rotten egg put up every obstacle possible.

 

I am also reclaiming my PPI, my claim is for a different reason to you, however at the end of the day these PPI claims must amount to mis-selling!

As soon as I receive a response to my preliminary letter to John Murphy (EGG) then I will post it on my thread on this forum.

http://www.consumeractiongroup.co.uk/forum/ppi/67674-angry-cat-egg-credit.html

 

Love AC

[Empire Strikes Back]

Have just come back from Court I have WON my case against Egg and the Card Repayment Insurance added to my account. Have got to go out now but will post full details this evening

[Empire Strikes Back]

Update on my quick post earlier re my Crp Insurance.

Went to Court today, I did not tick the box on the online application Form for the insurance. I was self employed at the time and so the sickness and unemployment factor would not have applied to me, also I had other insurances through my business that covered me for these things. The Judge wasnt happy with the fact that Egg could not show a screen shot to prove if I had ticked the box or not, Eggs solicitor explained that when the box is ticked during the application process it is automatically transferred into another section and the screen showing the box is not kept for future reference. They had submitted copies of the terms and conditions of the card but none for the insurance, even though they insisted that these terms would have been sent. The judge pointed out that there were screen shots of my name, address, financial information etc that I had filled in when I first applied for the card but the part where I supposedly ticked the box was not there, the only mention of the insurance was a box filled in with "Accident,Sickness, Unemployment and Life" on the bottom of the application review which also contained the credit limit they were setting for the account, this was for office use only and could not be accessed by the applicant. In light of the lack of evidence from Egg he ordered that they repay all the insurance monies I had paid plus interest and Court Costs. This is to be paid into my account as it still has an outstanding balance on it.

[wednesday1867]

Nice one,congrats.

 

Im just starting to have a go at reclaiming ppi from Egg and MBNA

[Empire Strikes Back]

Best of luck, be prepared for a long battle with Egg but you will get there in the end. Dont know about MBNA and PPI, but they were one of the first I got my charges refunded from and were by far one of the easiest. Keep on to Egg for a copy of the screen shot that shows whether you ticked the box or not, they wont be able to show you a copy as they admitted yesterday that it doesnt exist, it magically disappears after you have supposedly ticked the box!

[wednesday1867]

Egg have been great so far, done everything over the secured message, i received my statements for my Egg Card and Egg Loan within 4 days of requesting, with no fee.

 

I have since asked a lot of questions regarding the PPI, yesterday i asked about if i did infact agree to it. There response was, now i do need to send the fee for a full history of my info with Egg...............

 

Also said you can still claim if your over your limit, didnt think you could

 

 

Anyway the £10 will be tied to a gerbil and sent on its way home

[Wolfy]

Wow that is great news Empire, I am in exactly the same position with Egg and have the feeling mine to may end up in court. Unless of course they consider that you may have set some form of precedent (yes I know its not binding unless in the high court) and just pay me out. In that case thanks for all your hard work.

[wednesday1867]

Might be worth while telling them, your willing to go to court and your aware of Egg recently defending this in a court of law and losing, so ya fancy ya chances

[wednesday1867]

Empire, any chance of using your claim as an example?

[JULI99]

Went after Eggcard charges and crp insurance. Court date set for end of August.

Egg have since paid back the charges and court costs so only insurance outstanding to go to court for.

 

This is my OH's card and as he is nearly blind he hadn't even noticed the insurance payments on his statements. To the extent when he did get made redundant he never made a claim.

 

Their defence for the crp insurance is for him to prove he didn't take the insurance out.

 

What do I need for the court bundle in this case, and how do I prove that he didn't take out the insurance?

 

JULI99

[Empire Strikes Back]

Hi Juli99

Its not up to you to prove you didnt take the insurance out, its up to them to prove you did. Are you supposed to have taken out by telephone or by ticking the box on the online application. If it was by telephone you want a transcript of the conversation, if it was by ticking the online box, you need a copy of the online applcation form showing that you ticked the box. My claim was for the online one, Egg could not show any proof of my having ticked the box, they admitted to the Judge that the section where you ticked the box for insurance or left it blank if you didnt, was not saved on their records at the time of applying. The judge then ruled that as they could not prove I had indeed ticked the box I was entitled to have a refund of the premiums that had been applied to my account. Egg asked why I had not complained about this before, told them that it was because my wife dealt with all the paperwork and had assumed that I had requested this Insurance, wasnt until we retired and reviewed our finances together that I noticed it. The judge also picked up the fact that all the boxes to be filled in on the application form were coloured white but the box for the CRP was in grayscale, whether this meant that it could be altered by Egg am not really sure but this was a significant factor in the judges decision. Hope this answers you query, if you need anything further just shout.

 

Wednesday 1867

You are welcome to use my claim as an example if you want.

[wednesday1867]

Thanks Empire, dont think im gonna bother tho to be honest, i had it for years, i got the same bits of paper you did, was thinking of telling them stuff your judge said in your case and use your case as a warning, theyve lost already and im now here with the same or similar argument..

[bobtail]

Im in a position now to start after Egg for mis-selling me a PPI i.e at not time was I ever informed that I could have any company provide PPi if I wanted it.

Added to the fact I never ticked the box.

So onward and upward

[JULI99]

Empire

 

Mine is exactly the same as yours, even down to the screen shots.

 

juli99

[JULI99]

Must just be how my lifes going but I have just lost case against Egg. Exactly same as Empires however my judge believed them when they said that the box must have been ticked in order for the screen shot to be generated. Also said as OH had paid off card he therefore had paid for insurance and accepted it.

 

So feeling quite down at the moment.

 

Funny thing is Eggcard which was in OH name (and who has separate bank account to me) had 8p credit balance left on card. This balance was credited to my bank account last week. Just to confirm I have never had an Egg card, loan or any type of account with Egg so how did they manage to get my bank account number?

 

 

juli99

[puddinpie]

I was just about to submit my N1 against Egg with exactly the same arguement ........ !!

 

Its really annoys me the inconsistency of these judges .....

 

Does anyone have any advice?

[JULI99]

Don't know if anyone else has come across this before but the judge did bring us in to his room for a few minutes before the case was heard and started to tell us that as the case was about bank charges (which it wasn't) he wouldn't hear the case until the OFT case had taken place.

 

 

juli99

[chevybaz]

I have exactly the same case, evidence and explanation....have been using FSO as advised....to date an absolute waste of time. FSO Officer accepts all my representations and facts put to him but finds that Egg don't have to "prove" that I accepted and signed for PPI......and that I should have known about it earlier and therefore, at least, been able to mitigate my loss. I suggest we rename the Financial Services Ombudsman as the Financial Services " Man ". I will keep watching what happens here and decide whether to take my case through to the courts.

 

I am really just fed up of this corporate "con"......if there are so many of us why can't we all get our act together, start a fighting fund, pursue one case and stick it to them?

 

Has anyone ever actually won a case against Egg for mis-selling of PPI??