HammyUK v Egg

[HammyUK]

So had a "manager" from collections on the phone this morning.

So I asked her why I hadn't had the CCA yet?

"We don't have to send it"

"You've spent it, you pay it back"

"You don't need an agreement, you used the card"

"We haven't done anything wrong, we can defult you as it is not in dispute"

"Lots of you are trying to get off your debt and we aren't letting anyone get away with it"

There were loads more too.

Even though she was told the call was being recorded, she raised her voice at me.

So I told her - comply with the requests - CCA and CPR or else.

She said "we don't have to" as we don't see it in dispute.

So they don't comply with the CCA request?

Then then ignore the CPR request too.

Yet they now have sent a default notice out that they say I haven't complied wih.

She says they are going to pass it over to a DCA.

She says they are going to register the default

And possibly take me to court.

 

I'm sure that this is illegal, I know they haven't had any money since last Sept BUT its been on an insurance claim since then.

St Andrews have decided now that they won't pay out as they don't cover self employment.

Egg won't entertain paying back the PPI as she said today that its St Andrews that take the money not Egg - funny that as its on my Egg statements every month and NEVER had anything from St Andrews for payment.

 

In some respects I'd be happy for them to take me to court - save me the cost of the N244, and I reminded her that they'd need to remember to bring the original with them to court.

She said again that they don't need it as I used the card so there.

I reminded her that ok the balance might be £x BUT they've had far more than that in monthly payments, charges and PPI so by the sums they might just owe me.

She says "no we don't - how do you work that out?"

I said - simple maths - Use - payments made + charges - PPI = actual amount.

She didn't get it, got angry and told me she was terminating the call.

 

So will wait and see what customer services come up with - as there is still an official complait in place from 4wks ago over this yet they still are actioning on the account.

[HammyUK]

So, a couple of days ago a letter pops through the door recorded delivery.

Has Egg on the envelope and I'm wondering WTF are they up to now?

Turns out all the arguing has finally got their arses into gear.

They've sent me my CCA along with a covering letter and about 20 pages of T&C's printed out from a screen dump.

Can admin have a look and see what the crack is as it seems to be one of the older ones with none of the proper terms in.

Also its signed by them before I signed it!!

They aren't chasing me or calling me or anything at the moment although I'm certain that my credit file is mush.

 

[HammyUK]

You've gotta love Egg - post today - account temination letter as "you have failed to keep to the terms of the agremnt".

FFS what next?

[citizenB]

Hammy, you might find it worth asking your questions on the following link re your agreement.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

HTH

[HammyUK]

Gotta love em again.

According to Experian my Egg account is showing as settled in January.

All accounts satisfactory, etc.

DCA is calling up asking for payment though?

DCA says "when did you pay then"

I say "I didn't - Egg settled it"

"Oh" says DCA "We have been told to obtain payment"

"Really?" says I, then ask Egg where my CCA is, where the SAR is and whilst you're there ask them for the PPI and compound Interest back that they have been ignoring.

"Ahhh...." says DCA - I'll get back to you.

 

Nothing since - WTF is going on there then?

Account showing as settled with Experian and they have confirmed that Egg sent the request to update the file!

Arse and Elbow comes to mind.

Anyone got any ideas?

[HammyUK]

Weird, weird, weird.

Letter from Egg stating that they have now finished their investigation and have complied fully with all requests so please pay up.

Another letter from them with an agreement in it, screen shots of old t&c's and the latest t&c's.

 

Its the old version with "limit", etc.

 

What's better is that ALL my credit files show the account as settled.

NOTHING owing.

 

Next move?

 

Still it took them over a year to send the agreement and t&c's and they sent nothing for the SAR so I can go after the PPI.

[HammyUK]

So then - what do I put in the POC to court for these ar*eholes to comply with the Subject Access Request.

Its laughable really but there's no way I'm paying them after the stunts they've pulled.

No response to the Subject Access Request, nothing from the CCA(the DCA provided it), and the reply to a request for the complaints procedure stating that they are still investigating it in august last year.

Letter from Trevor Munn today advising of 10 days to pay ARC or court.

Funny as ARC have argued that the complaint is closed, debt is due, etc, etc, etc. Told them to file the papers and I'll bring the file with all the correspondence in it showing Egg's failure to comply with all the legislation. Oh and don't forget the PPI that they owe me Mr ARC - "Errr......." subject access request compliance please. Piers Morgan.

Phoned Egg and spoke to a very nice english girl today who told me that the complaint is still active, was VERY suprised when advised that both Experian and Equifax show the file closed and settled in Jan last year, yet ARC are chasing even though they have NEVER sent me a letter! Mentioned the SAR failure too - she's emailed Customer services as the file is with them and she has no access to it but will let them know I'll be calling them on monday to rattle their cage.

I've left this alone as they've been quiet but looking to sell our business this year and clear everything so I want the file cleared and them to do as they are legally supposed to do.

Fairies lined up, Leprechauns on guard and Pigs ready to fly SIR!!!

Edited April 17, 2010 by HammyUK

[HammyUK]

Anyone?

[citizenB]

Anyone?

 

Ummm, what's the question ?

[HammyUK]

What do I hit them next?

As I posted above

[HammyUK]

Blimey - yet another copy of my CCA today along with screenshots of the T&C's then the newer T&C's with the front page "This is a Credit Card Agreement between....."

 

Nothing showing about PPI at all, no boxes ticked, nothing on the electronic side, so guessing I never asked for it.

They have closed the first complaint although their system now shows a new one from a phone call last month after the last copy of the CCA they sent.

TBH in some ways I'm happy to let this go back and forth as it is in no way a problem with my file as it shows the account as stteld with no debt owing so WTF?

Still the lady I spoke to this morning was most apologetic about it and semed a bit conecerned about me not having any PPI paperwork at all in any way yet £60ish a month since feb 05 x APR is soon gonna add up.

Soooo do I just ask them to make it go away as they owe me PPI anyway or do I go for a full refund with the chance they can somehow change the "settled" to "default" on my file?

Or do I go for a refund anyway as IIRC they cannot change a "settled" to "default" but I'm not 100% on this. Would be nice though - £60 x 60 months ish x APR = £lots. More than they say I owe them.

[beachcomber60]

They will cave in regarding PPI (well they did me), but be careful they will try & pay out the minimum they can get away with -

 

1 only settled six years back from initial complaint, when I accepted what they sent in part settlement & reminded them of the limitation act they quickly refunded the remaining premiums and stated they misunderstood the FOS guidelines.

 

2 They are adament that they are not required to pay contract/compound APR interest on these premiums & my complaint continues via the FOS.

 

Beachy

[HammyUK]

Hmmmm - will seeon that one as if they charge compound APR on the premium then prorata they MUST pay it back as simple contract law will show that if they were not entitled to take the money then they were not entitled to profit from it.

I'm sure theres a ruling on it from CitizenB or PT somewhere on it.

Its one thing about the charges(£12/£20 etc) but the PPI is different - if the PPI is not authorised then it simply cannot be taken and as such ANY monies both payments and interest earnt on those payments is monies taken/earnt under false pretences and IIRC may fall under the fraud act - if not certainly under several CCA breaches.

[citizenB]

Hammy, I dont remember what I posted But will have a look.

 

Absolutely, if you havent asked for the PPI then chances are it has been mis sold. They have to return all of the monies they have taken. They should also return any contractural interest on premiums you have already paid and................. 8% s69 interest on top of that.

 

Have you done a spreadsheet with all the premiums on ? that will at least show you what the total would be with 8% interest. I am not totally clued up on the spreadsheets with the contractural interest. But I know that pompeyfaith is.. might be worth giving him a buzz (pm).

 

I would write off again, asking them to refund all the PPI premiums you have to go to them first. Then if they say no, you can go either to the FOS or direct to court

 

HTH

[HammyUK]

They have yet to supply me with the SAR so I can't do the calculations at all which is p*ssing me off to say the least.

I have to call then again tommorrow at the CRO at Egg to talk about the new complaint and will hit them with that as today their systems apparently suffered a total crash

[HammyUK]

Have recieved another letter today from Trevor Munn.

 

Dear Sir,

A County Court Claim has now been prepared and is ready to be issued against you in Northampton County Court.

Blah de blah de blah.

 

So will they or won't they?

"All calls MUST be directed to ARC on their legal helpline - 01932 251060"

 

Will fire another bog off letter to Munn - but how do I deal with ARC?

Bog off?

Complaint still in place with Egg?

Failure to provide SAR?

Failure to repay PPI?

 

Something else?

 

Any ideas?

[citizenB]

I guess you just reply to Trevor advising that you look forward to receiving the claim form from Northampton and trust that the documents you have been requesting will be attached to the claim form.

 

You could outline briefly in bullet point form, your dispute with the company, pointing out that you will defend, vigorously, any claim issued against you.

 

I think you could safely just copy the letter above to ARC and let them fight it out with Trevor

 

HTH

Edited May 24, 2010 by citizenB

[HammyUK]

Exactly the sort of thing I was thinking CitizenB.

HAve had a quick chat with ARC just now and they are "Oh, but they say they have complied and the complaint is closed"

Of bloody course they do you numpties.

"Oh by the way would you care for a copy of my Experian report CLEARLY showing the account being settled as of Feb last year?"

"Errrr........."

Exactly.

Will send Munn a "Thank you" letter as suggested Cit and AC one too with a kind request telling them to kick Egg in the nuts over my SAR request and I'll be waiting for my PPI cheque by return post.

[citizenB]

I agree with your sentiments, HH, but suggest you word your letter a little more diplomatically :D

 

If you want to pop up a draft, I will tone it down for you

[HammyUK]

LOL - will do in a mo.

Cheers.

[HammyUK]

How's this for a reply to ARC?

 

I ACKNOWLEDGE NO DEBT

 

As discussed today, please find attached copies of Experian reports dating back to last year clearly showing that the account was settled on the 27/02/2009.

Experian have confirmed that Egg Banking PLC made the update to the file.

 

As of today Egg have failed to comply fully with a CCA request, they have failed to comply with a SAR in anyway whatsover.

The latest copy of an agreement received recently shows the agreement to be potentially invalid in that it does not contain a number of the prescribed terms as required by law under the Consumer Credit Act.

Furthermore the tems and conditions attached show that any PPI added would not at the time or ever of covered myself and Egg were aware of this at the inception of the account, yet Egg proceeded to take PPI on a monthly basis for the entire duration of the running of the account.

Egg's failure to provide me with any of the information requested under the SAR has left me unable to calculate the total amount taken by Egg as PPI premiums.

However an approximate calculation, taking into account that the premiums taken by Egg were around £60 per month gives a base figure of £2880.00 to Feb 09. Taking this figure and under restitution, add the interest as charged by Egg (approx 21.7% accumalitive) and the balance owing BY LAW to be refunded to myself will far outsrip the alleged balance owing to Egg.

I suggest that Egg Banking PLC review their files and either provide myself with ALL of the documentation requested forthwith under the regualtions as provided by in law or close this case, reduce the balance to £0.00 and provide me with documentary evidence that this has been done for my records to prevent further unlawfull collections procedures as evidenced by ARC Europe's involvement in this account.

 

Any further actions will be seen as vexacious and will be defended in court and recompense sought.

[citizenB]

How's this for a reply to ARC?

 

ACCOUNT IN DISPUTE

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

 

As discussed today, please find attached copies of Experian reports, clearly showing that the account was settled on the 27/02/2009.

 

Experian have confirmed that Egg Banking PLC made the update to the file.

 

As of today Egg remain in breach of my s78 request made under the Consumer Credit Act 1974. They have also failed to comply with a legal request for information made under Data Subject Access Request 1998.

 

A document provided recently, which Egg claims is the agreement, is invalid due to the fact that it is missing a number of the prescribed terms as required by law and under the CCA1974.

 

Furthermore the terms and conditions supplied show that the Payment Protection Insurance added to the account would have been inappropriate and Egg were aware of this from inception of the accoung. Yet Egg continued to take payments for this product on a monthly basis for the duration of the account.

 

Egg's failure to provide me with any of the information requested under the SAR has left me unable to calculate the total amount taken inappropriately by Egg as PPI premiums.

 

However an approximate calculation, taking into account that the premiums taken by Egg were around £60 per month gives a base figure of £2880.00 to Feb 09. Taking this figure and under restitution, add the interest as charged by Egg (approx 21.7% accumalitive) and the balance owing BY LAW to be refunded to myself will far outsrip the alleged balance owing to Egg.

 

 

I suggest that Egg Banking PLC review their files and either provide myself with ALL of the documentation requested forthwith under the regualtions as provided by in law or close this case, reduce the balance to £0.00 and provide me with documentary evidence that this has been done for my records to prevent further unlawfull collections procedures as evidenced by ARC Europe's involvement in this account.

 

Any further actions will be seen as vexacious and will be defended in court and recompense sought.

 

 

Have tidied it up a bit, but looks good otherwise.

 

Have you contacted the FOS in respect of the mis sold PPI ?

 

You should most certainly make a complaint to the Information Commissioner in respect of Egg not complying with your SAR !

[HammyUK]

I've tried everything as Egg keep saying they have closed the complaint only to tell me that "actually there is still another one open for X" so can't move with the FOS.

Will do something with the IC though this afternoon if I can.

[citizenB]

I've tried everything as Egg keep saying they have closed the complaint only to tell me that "actually there is still another one open for X" so can't move with the FOS.

Will do something with the IC though this afternoon if I can.

 

Yes, I would.. make a complaint to the ICO. It usually takes a little time but if they come out in your favour, then you could then take Egg to court for non compliance of the DPA 1998.. have a read of the following. It is a fairly easy process.

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html

 

HTH

[HammyUK]

Cheers again.