Thread: MandM v Egg Card PPI
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31st January 2010 14:22 #1Classic Account Holder
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MandM v Egg Card PPI
Decided it was best to put this in a new thread in the
PPI forum so as not to confuse the issue.
Have held back on this a bit as I have had other issues withEgg but thought that now might be a good time to crack it ('scuse the pun
)
I have (or should I say 'had') an Egg card (2001). Defaulted last year (amongst others) following a change in circumstances and have been paying a very small amount to DLC (acting for Egg) since July. The application was done on-line in Oct 01 and a full agreement was sent out for me to sign and return (which I did).
In June 08 I did contact Egg as there was PPI on the card and was told "you ticked the box so tough - you have 6 months to appeal if you don't agree".
This was Pre-Cag and I knew no better - they sent me a letter confirming this and what was supposed to be a picture of a realtime application which supposedly proved that I asked for it.
Because of my other on-going battles with Egg I have CCA'd them and had mySAR stuff back.
I now have>>>>>>
(i) A copy of my signed agreement - this does not mention PPI anywhere!!!
(ii) All of my statements for the entire life of the card (and I have calculated all of the PPI that was taken).
I can see nothing on the agreement at all regarding the PPI. I do vaguely remember ticking the box (possibly) but if I recall correctly when you reached that part on the online application you could not read theterms and conditions as the page would time out meaning you had to restart the whole application again! So you had to tick one or the other to move on.
I'm pretty sure that there was nothing telling you that you could seek the PPI elsewhere etc. and my feeling is that I may have ticked it with a "sort it out later" view when the paperwork turns up. But i'm also just as sure that I never had any paperwork for the PPI element - it's certainly not mentioned in the signed agreement.
What should be the next move? Looking for a bit of guidance here as PPI was not an intended problem when I joinedCAG so I haven't really got to grips with the do's and don'ts of it all.
MandM_________________________ _________________________ ______________ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be
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31st January 2010 16:17 #2Basic Account Holder
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Re: MandM v Egg Card PPI
Hi MandM
Watching withinterest , exactly the same as me, mine was 1999/2000 you are right that you probably like me filled in the online forms more than once as they timed out. To complete the action you had to rush through the application, I had the same reply last year when sending letter regarding
PPI .
Letter says that must have ticked it as the box contained words that cover was for i.e sickness/unemployment (I was Self employed )
Have subbed to this.
Jim
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31st January 2010 18:06 #3Classic Account Holder
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31st January 2010 20:03 #4Basic Account Holder
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Re: MandM v Egg Card PPI
Hi MandM
Just read Beachcombers thread, makes it sound easy. I will have to look for a template letter to demand repayment of premiums. It does apply to credit card accounts aswell ?? My account is defaulted and in their dcas hands, would I get A cheque do you think (drinks all round). I can dream can't I.
The minimum payment on the card was paid by DD each month for all the time it was OK NEVER checked statements online as we used Dial up internet when the card was taken out, then with kids using the net and phone disabled when using never found right time, then went to Broadband andEgg was never in my mind. It was probably 2006 when telephoned them to ask about doing bal transfer ( 0% anniversary bonus or something ) they asked me if I had any idea what my credit limit was, Yes says I about 3,500 OH NO says she it is more than 10,000 so I used it ( super balance transfer )
Jim
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31st January 2010 20:11 #5Classic Account Holder
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Re: MandM v Egg Card PPI
Some have had success on cards.
get aSAR in and you'll get all statements showing amounts paid.
I too would like a template geared more towards cards.
M
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31st January 2010 22:19 #6Classic Account Holder
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31st January 2010 23:28 #7Classic Account Holder
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Re: MandM v Egg Card PPI
bumping
M
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1st February 2010 19:16 #8Classic Account Holder
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Re: MandM v Egg Card PPI
Bump
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1st February 2010 21:48 #9Classic Account Holder
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Re: MandM v Egg Card PPI
just another bump
M
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2nd February 2010 10:39 #10Classic Account Holder
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2nd February 2010 13:49 #11Classic Account Holder
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Re: MandM v Egg Card PPI
Bump
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2nd February 2010 21:19 #12
Re: MandM v Egg Card PPI
If they cannot produce the CCA showing you had agreed to the PPI then that is their problem. It is not up to you to prove it was mis-sold it is up to Egg to prove it was not and the lack of a CCA and probably a customer demands and needs questionaire would IMO show they are holding back with information. If you have not received all you asked for in your
Subject access request then you can write back and ask them for this information.
You can adjust this to fit with a letter stating the exact information you are missing and tell them to provide it as you have paid the relevant £10 fee.You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail
You should request the following documents:
A true copy of your Consumer Credit Agreement with theterms and conditions that were applicable at the time you took the loan/card/mortgage.
A ‘demands and needs’ questionnaire.
Copies of all statements applicable to the loan/card/mortgage.
Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.
Copies of all recordedtelephone calls or transcripts of the recordings.
Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.
Do not be fobbed off by them citing issues such as relevant filing systems.
If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.
If they then do not comply you can submit a complaint to the Information Commissioners Office ...Link to the complaint form is here...
Complaints - Information Commissioners Office
If you have not looked in detail at the stickies at the top of this forum I would advise you spend some time and do some investigating.
All new posters this is **important**
BANKS are giving incorrect advice on PPI
Mis-sold PPI? Want your money back? use these links to help
there is much more on this site you just have to spend time and look. At then end of the day it will be worth your while
aaI have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
Post 290 from
***RBS PPI Claim Long fight but, WON***
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
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2nd February 2010 21:28 #13Classic Account Holder
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Re: MandM v Egg Card PPI
Thank you AA. Sometimes you're just to close to the answer to be able to see what it is lol.
will get on with it and post up as I go.
Many thanks
M
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