Egg and Payment Protectors and Me

[laffar]

Thought I'd start a new thread on this as i was in danger of hijacking EmpireStrikesBack's thread:

 

The story so far ..... (what a link, i should be in TV)

 

I sent a secure message to Egg requesting proof that i've explicitly requested payment protection (as i don't ever ask for this).

 

Got a reply saying i didn't request it when setting up my account in Dec 99 and will be refunded 3 months worth as a goodwill gesture.

 

I replied saying it wasn't good enough and want all Payment protection charges refunded otherwise i would seek legal advice.

Got a reply from a different Egg person saying her colleague had made a mistake and i did request the payment protection.

 

I've again asked them to prove this to me.

 

So, a question: If they cannot provide proof (which from other threads seems to be the common theme) can i go about adding these charges to my request for all charges to be refunded?

[Guest Lueeze]

I added mine to my claim, so if they cant provide your proof then yes I would, but they *might* defend, but you are right they are wrong if you didnt sign up to it...

 

Lou x

[laffar]

Amazing!! The last "secure mail" i sent asking them to prove i've signed up for the payment protector has disappeared from my outbox. I'm 99.9% sure i sent it.

 

I've asked again and taken screen shots and copied the text so i can be sure i've done everything right.

 

If they don't respond positively by Tuesday (31\5) i'll start the 3 step process to get these charges back plus any others i may have incurred.

[laffar]

After asking them to prove i've taken out the payment protector they've once again said they'll refund the last 3 months as a goodwill gesture, which, to me, is admitting guilt!!

 

However, I've been digging around in my "important stuff" box and found my egg card contract and the stuff that came with it. It seems i have a small problem ... The first page is just a letter saying what is enclosed: egg card agreement form (2 copies, 1 to sign and 1 to keep), The Credit Agreement Conditions which cover the card, a direct debit form and my Egg Card Payment Protection policy.

 

The credit agreement is one sheet with no mention of the protector, neither a tick here if you want it, or a mention that i'm signing up for it. It's also not mentioned in the terms and conditions. Furthermore, the sheet explaining the Payment Protector doesn't state how much it costs (so they could take as much as they want!!??)

 

Anyway, question is .. have i explicitly requested payment protection? having read everything and writing all the above i've convinced myself i havent.... any thoughts?

[laffar]

Requested DPA through secure messaging, egg aknowleged and said i'd have my stuff within 40 days.

 

Yesterday i received a form to complete and return along with proof of address. A minor annoyance\delaying tactic, but filled out and returned the form

 

I am now convinced i've never signed up for Payment Protection after going through the contract and T&C with a fine tooth comb. Could be a nice bonus, and presumably i'll be able to charge the interest rate they were charging at the time (calculated using the more sophisticated spreadsheet in the forums library)!?

[sharmal]

I have had a similiar thing happen to me. Decided that i DID NOT WANT Payment Protection after it did not protect my payments when I was off for ten weeks witha broken leg.

 

Could not get egg to cancel it. Kept asking and asking, didnt write any dates or keep any letters though, unless the letters are on the old computer, i'll have to check. I ended up paying for the payment protection for nearly nine months. Lets see what shows up on my Data Protection Request. They have fobbed me off one and have defaulted me on my credit card.

 

I'm not backing down now. Nearly had a stress breakdown with all the worry over debt and how I was going to pay it. All because of charges.

 

Keep on putting info in so we know how you are getting on.

 

Sharmal

[laffar]

Finally have my Egg DSIR (SAR\DPA request) BUT with a years statements missing. I secure messaged them to fill in the gap last week, which they apologised and agreed to do, but still no statement. From what i do have it seems they've taken just under £2k

[DazNorthants]

If they are passed there 40 days send LBA DPA letter 2.

 

Go get um

[Glenn UK]

I cant believe it, I have closed my account with egg and they still have my login details and so i can still access my personal history.

 

It appears I have the dreaded accident and sickness added to my loan too, have just sent a secure message asking for proof of an explicit instruction to include it.

 

See what comes back.

 

Glebb

[sharmal]

I bet vodaphnoe lost your message not the post office. Its soooo convienient when someone else has lost your message. n I don't believe they have lost anything, cos it is all recorded for training purposes. Is it not.

[Yyates]

I have had a similiar thing happen to me. Decided that i DID NOT WANT Payment Protection after it did not protect my payments when I was off for ten weeks witha broken leg.

 

Could not get egg to cancel it. Kept asking and asking, didnt write any dates or keep any letters though, unless the letters are on the old computer, i'll have to check. I ended up paying for the payment protection for nearly nine months. Lets see what shows up on my Data Protection Request. They have fobbed me off one and have defaulted me on my credit card.

 

I'm not backing down now. Nearly had a stress breakdown with all the worry over debt and how I was going to pay it. All because of charges.

 

Keep on putting info in so we know how you are getting on.

 

Sharmal

 

Egg did the same to me, they wouldn't cover when i was really ill even though i had paid the protection insurance for at least 12 months before hand. This is definitely an area which needs to be looked into as they take your money and run.

[laffar]

An update for you all. Finally got all my statements, totalled up the PPI, with interest, calculated by using the interest rate at the time of the transaction, which in effect lets them off a few quid. Got a total of just under £2k, so i've now sent them the prelim letter ... finally we start moving!!

[killing_the_egg]

I may be wrong but I have read that interest cannot be claimed for on any monies until it gets to the court stage so in your prelim letter you should perhaps not add this on.

[laffar]

Well, i've added it, and as far as i'm concerned they've taken this interest from me. I think its only when you use the 8% standard interest rate you need to wait for the moneyclaim stage to add it on. In some instances, when going overdrawn in a bank account you can add the interest you've been charged to the initial request. So in this instance, as a credit card is effectively a big overdraft i'm claiming back the interest they've charged me.

 

If it does go to court i will also add the 8% on as this will be the insterest i would've accrued if i had the money invested.

 

Hope that makes sense!!??

[Glenn UK]

I think that when you make your claim you can reclaim interest that the bank has charged as a result of the illegal charges.

 

If i have understood the process correctly, and im not sure i have im new to this, the 8% is added to this sum when you go to court.

 

If you look at the excel spreadsheet im sure it sets it all out and explains what you need to do to calculate the various amounts.

 

HTH

 

Glenn

 

PS check out what i say im new to this and shouldnt be taken too seriousely.

[Dani]

I noticed on my statements that I was getting charged payment protection and I couldn't remember asking for it. After much arguing back and forth, they "came across" a telephone call I'd had with Egg when first getting my card. It was one of those welcome to Egg calls they do where they try to get you to take everything out with them.

 

Anyway, they said that it confirmed they'd mentioned it, and I would get the first 3 months free and I'd agreed. I can't ever remember them saying this, but I'd also noticed that I'd got about 6 months free (bit vague on how long, as it was a while ago now). I mentioned this to them saying if it was only free for 3 months, how come I'd got longer, and then they'd just started putting the charges on.

 

The chap confirmed this had happened and refunded me the whole amount that they'd charged me.

[laffar]

Got a letter from Egg on Friday that made me swear!

 

It basically said they confirm the PP has been cancelled. They cannot reimburse me at this stage as they have to establish if i requested PP and to do this i must pay £10 for a DSIR.

 

ARRRRRGGGGGHHH

 

I've paid for and had my DSIR... Whats wrong with some of these people, do they not check what's been going on.

 

I fear it's just another delaying tactic!

[laffar]

Got a response to my last Secure message saying they've found proof i've requested the PPI and i should receive this in the next couple of days... this should be interesting as i cannot see anywhere in my DSIR or my original contract where the request was made ... I feel they're trying to wriggle out of it, and if so i'll be following this up as far as i can and take them to the cleaners

 

Can a Mod give me some advice on this please. If they do fabricate evidence that i've requested the PPI what can i do to really annoy or even damage them, surely this could be construed as a criminal matter, fraud maybe..!!??

[Marc1206]

Hi

I am one of the latest viction of Egg's Credit Card Protector fees. I know for a fact that I have never asked for this service and yet I have been charged for it since December. I am not a new client as I have been with Egg for at least 5 years.

Furthermore, these fees have made me over my balance by a few pounds for which Egg has been charging me over £18 twice since.

I am very careful with my finances as I am unemployed at present and I am extremely stressed because of this matter. After all, I have paid Egg almost £100 for no reason whatsoever.

I have managed to talk to a Customer Service Adviser after insisting who tol me that it is my fault for not checking my account - that she can't find any proof of me asking for this service (that is because I never did!) - that they will re-imburse me the overdraft fees x2 but that the card protector fees won't be re-imbursed.

I need help and advice please. I realise that we are a lot of customers in this situation. Thank you.

[laffar]

This is exactly what they told me, i've put this claim on the back burner for a while but i think now i'll start it up again, especially after seeing a few encouraging victories against egg.

 

Not sure if anyone has got their payment protection back yet though

 

Can anyone enlighten me??

[Marc1206]

Thanks. I'd like to know the same. Surely this is not a legal practice! The fact I didn't check my account is irrelevant. Furthermore, I haven't used the card for months, that's why I didn't look at my account...How wrong was I?

I could see that there are many people in the same situation, maybe we could act together or if anyone could give me some advice I will aprreciate it! Even if it is to tell me that I have lost this money and to forget about it!

I am still upset though because I feel that I have been robbed.

[stuflo]

My wife after checking one of her statements noticednoticed she had been charged for PPI - she sent her SAR to Egg and got the usual letter regarding ID etc. She filled in the form and requested proof that she had requested the PPI as she was told she had agreed to this in a telephone call and they gave the specific date. They wrote back with the statements ssaying they could not provide the evidence of this. She then sent off her preliminary letter with a claim for the PPI. She received a letter back stating they would not refund this. She then telephoned them and was told they would sent out the proof. She then received a letter saying they couldn't produce this.

 

She is now wondering wheteher to issue her MCOL for the PPI and default charges. She has sent all the relevants letters etc. Does she have a case?

[Hakzoid]

Not sure if anyone has got their payment protection back yet though

 

Can anyone enlighten me??

It's so encouraging to read this post as I am currently going through this problem with Egg.

 

I thought I was on my own.

 

Here is a copy of the letter I sent them on Monday:

Dear Guy Harrison

After seeking much legal advice in respect to the above reference and a letter sent to me on 21st December 2006, I would like to explain my case and request that you refund my charges back to my account.

The charges refer to a Credit Card Repayment Protector, which I had never authorised to the sum of £329.81, plus an unfair penalty charge of £20.00 and a cost of £10.00 incurred in relation to this matter.

I have investigated your findings and set out the summary of my response to this.

What I understand my complaint to be about

• I state that on 7th April 2003 Credit Repayment Protection was added to my account without my permission or knowledge and request Egg to refund the premiums paid.
  
• On 2nd February 2007 a payment of £10.00 was made for a DPA request for full statements in relation to this matter.
  
• On receipt of my statements it has been noticed on the 6th June 2006 an unfair penalty charge stated as Unpaid DD Fee for £20.00 was levied on my account.

What I understand you may have some confusion about

• I did not call to request the Card Repayment Protection to be cancelled until it came to my knowledge on 13th December 2006.

What my view of your findings after seeking legal advice is

• I may have accepted in error, Credit Payment Protection when I initially made my Egg card online application in October 2002.
  
• I swiftly realised this error on 17th October 2002 and asked for it be removed, the scheme was removed before any transactions where made and did not ever show on my first statement. My complaint is not about this incident and even though this helps to underline my stance as to my feelings of payment protection schemes, I ask what the relevance of my current complaint has to do with this?
  
• On the 7th April 2003 I did not accept Card Repayment Protection when I called to make a Debit Card Payment for £447.89. I declined the service and asked that I may just make my payment.
  
• A letter confirming Credit Payment Protection may well have been sent on 15th April 2003, but as I did not even know of this scheme I did not expect a letter.
  
• I fail to understand how you claim that there is a 14 day cooling off period in a letter that was sent to confirm my acceptance to a scheme I had no knowledge about and I would have declined as I always do so.
  
• I have never received statements by post, as all my statements are viewed online only. I do not have to explain my lifestyle to you, but I spend and make payments many times without looking at my statements. When I noticed this scheme had been added on 13th December 2006, I asked that appropriate action be taken.
  
• I have every right to make a claim to any fraudulent behaviour, whether it occurred in recent times or up to 6 years in the past.
   
  

I would also like to bring to your attention that due to recent media coverage on bank charges and the recent OFT announcement I am also now aware that you, Egg have been charging me, charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

 

I believe that your charges are disproportionately high. Therefore, they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition, I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

 

 

• I am willing to make a once only offer that the sum of £329.81, be refunded into my account, you have 14 days in which to comply with this offer.
  
• I will then waive the £20.00 unfair penalty charge, £10.00 DPA costs incurred, costs towards my time and legal expenses spent on this matter, plus 8% interest over the time period of the fraudulent activities.
  
• I will be declining the offer of taking my complaint to the Financial Ombudsmen Service, opting for the speedier process of the small claims court.

I hereby give you 14 days notice to refund the charges back on to my account. If this is not done within 14 days, I will be forced to start legal proceedings, you will receive no further warnings.

• Legal proceedings will incur costs which I will be adding to my claim, if or when this may be applied.

If you want to discuss my complaint with me, please use my contact details above. Alternatively my direct number is xxxxxxxxxx.

I am sorry that I am unable to agree with your findings on this occasion.

 

 

 

Yours Sincerely

 

Dunno what you peeps think of it, although I must confess, I did kinda make up the opening statement bit about seeking much legal advice, but hey ho, thats what I'm doing now.

[Mistermind]

Suggest:

 

click SEARCH

click ADVANCED SEARCH

search for "PPI or protection" selecting only "Other institution successes".

 

I doubt if you would find an Egg success story in there, to date only 3 winning Egg threads out of 32 have been moved into that forum. A search selecting Egg Forum may or may not return a PPI win, but for sure it will return many PPI actions in progress.

 

Really could do with an efficient research filter -- anyone in favour say aye.

 

If for example Mods could add the characters "AAA" into every winning thread, then you could have searched the entire site for "AAA and PPI". The current practice of (sometimes) adding the word "winning" into some thread titles would not help much, because the word is too common, used in too many wishful threads, lol. But you could try, search for "winning and PPI".

[redsue]

FWIW - I've come across lots and lots of people who are in exactly the same boat with Egg and PPI - it seems to be common practice, in my opinion, that they sign you up regardless - I'm currently waiting on my SAR request to be actioned after my CCA request mentioned absolutely nothing regarding PPI - which I was paying £35 for approx 3 years.

I agree with Mistermind about searching for things as some people have put there thread in here and others in the PPI section.