Egg successes.

[The Debt Star]

I need to know if I’m firing blanks or if I have a cause worth fighting here.

 

I had an Egg loan in 2004 and which was settled from the proceeds of an Egg Top-Up Loan in 2005. The Top-Up loan was defaulted in 2006 and CapQuest collected monthly repayments from me on Egg’s behalf. I was not aware that Egg still owned my account and had always assumed, from the nature of correspondence from CapQuest that the account had been assigned to them

 

I wrote to CapQuest with a CCA 1974 Request. I simultaneously wrote to Egg, whom I believed to be the original creditor, with a Subject access request under the Data Protection Act 1988. CapQuest advised that I had to contact Egg direct with my CCA 1974 Request for the Top-Up Loan agreement. I did not receive this within the statutory time frame from Egg and I placed my account in dispute. I received the CCA 1974 agreement after the dispute commenced. It looks valid and enforceable. Copy of the 2005 Egg-Top Agreement attached.

 

Whether the earlier 2004 agreement is enforceable is anyone’s guess as Egg are refusing to send me one as the account was closed in 2005 on the same day the Top-Up Loan started. The £6K of the £9K loaned was retained by Egg to pay off the 2004 Loan. I got the balance.

 

I continued my account in dispute because I was still not in receipt of adequate information with which to satisfy myself that the Top-Up Loan was not mis-sold. Egg have still not sent me the Subject access request information or a copy of the 2004 agreement.

 

The Subject Access Requestis now past the 40 day statutory time limit. I have still not received a copy of the letter of assignment (if there was one) to CapQuest or, in the alternative, evidence that Egg passed on my details to CapQuest with my informed prior consent in April 2006.

 

Further, I need a copy of the credit agreement and all other information held by Egg relating to the 2004 Egg Loan, including statements for both accounts as at 2005. I think this information should be provided to me by Egg as part of my request for information held by Egg under the Data Protection Act 1988.

 

In order to form a view as to whether this account should remain in dispute, I require information from Egg to determine whether or not there was any mis-selling of my 2005 top-up loan. Further, I need to know what Egg retained to settle the 2004 Egg Loan. This issue relates to whether or not Egg either deliberately or inadvertently created a partially restricted and unrestricted use for the loan money (contrary to section 11 of the CCA 1974), wherein a multiple agreement should have been drawn up. Certainly the agreement for the 2005 loan was not multiple and is clearly an unrestricted use agreement for the whole sum borrowed.

 

I have posted on the multiple agreements thread already but query here is also in relation to the general thrust of my dispute with Egg and if there's anything I can do.

 

A statement confirming what was received and paid out would be sufficient. This has not been sent by Egg.

 

 

I do not believe the case of HEATH is relevant here because in that case the Defendant’s solicitors received ALL of the money, whereas in my case Egg retained MOST of it.

 

Egg wrote to me again refusing my s78 CCA 1974 request for a copy of the defunct original 2004 loan. This is because the agreement is no longer current and was closed in 2005 (the same day the Top-Up Loan began). In this they stated that they are under no obligation to provide it as they are pursuing anything under that agreement. That may be true. Without this and the other information I have asked for I cannot see how I am able to end the dispute.

 

I also wrote the standard SRA template letter to Egg stating that unless I heard from them within 14 days of the date of that letter, that it could be assumed that Egg had agreed to the removal of all data they entered at the credit reference agencies. The alternative was for Egg to refuse this request, in writing and within 21 days of the date of that letter. I can confirm that no such refusal was received within the stipulated time frame.

 

Q. Am I making unreasonable or frivolous requests of Egg? Should I just get on with paying Egg now and give up? Is there a case to answer?

spa9mnyiscn00010.pdf

spa9mnyiscn00021.pdf

[The Debt Star]

They closed the first loan account in August 2005. My SAR was sent to them in June 2010.

 

No PPI on the Top-Up loan but perhaps there was on the original loan. No way of knowing that just yet.

 

Am threatening them with the ICO at this stage as I have followed uncle bulageria's advice and complained to their customer relations officer. They are past the SAR date now and if get a sh*tty response again I will defo do that ico complaint.

[The Debt Star]

Does it matter where the Sh**ty response comes from?

 

sorry, do you mean the DCA or OC? I suppose from Egg themselves as I am ignoring the DCA now. As I have complained to Egg now I figure they should be given a chance to respond properly. But, I am pleased that I am within the 6 year period for the data protection act information, as my original loan was september 2004, so just in. wouldn't put it past 'em to 'destroy' the copy of the agreement anyway though.

[The Debt Star]

Have just filled in the ico's complaint form. Now need to photocopy about 50 letters to and fro' Egg as evidence of egg's non-compliance with my SAR. My concern is that the 6 year cut off point for data protection act info is this september!

[The Debt Star]

What cut off point??

 

Presumably Egg can (are legally bound to?) destroy all data they hold when the 6 year Data Protection Act period ends.

 

As that 6th anniversary is next month and I want a copy of the old, closed agreement from 2004 I want to make sure that this does not ahppen. To that end I have now written to the ICO and Egg's internal complaints manager specifically dealing with this issue.

 

If, by any chance, Egg's loan agreement in 2004 is invalid (the 2005 top-up was enforceable, see copy in OP), then this raises serious questions about possible mi-selling (another string to add to the multiple agreement argument). But I need to see the old loan agreement and of course Egg have refused this under the CCA. So I am trying under the DPA.

[The Debt Star]

Yes, thats what made me think I had to get my DPA request in before the 6 years are up. that and I don't trust Egg not to shred the old agreement in an attempt to trash my claim.

[The Debt Star]

I have put in my SAR and have also complained to the ICO about Egg now plus written to Egg's customer complaints supremo (what a larf that is).

 

CapQuest have sacked me now and passed the account back to Egg

 

Reckon Egg have to respond sooner or later coz they aint gettin paid 'owt 'til they do

[The Debt Star]

They'll end up with EGG on their face!!! (Lame)

 

They 'shell' not succeed, Bazooka.

[The Debt Star]

This is becoming eggstremely poor, my mind is becoming scrambled and fried now...

 

Blimey, its like I'm treading on egg shells

[The Debt Star]

Hello. I now have my SAR back from Egg.

 

It transpirwes that I had BOTH an old Egg Loan and an Egg Credit card settled by the Top-Up Loan.

 

BOTH the old loan and cardit card and PPI. The credit card agreement is one of those "Approved Limit" versions.

 

The old loan agremeent has APR applied to the PPI.

 

The balances for both were settled by the Egg Top up, so 100% restricted use, not multiple. BUT the PPI balance of the old loan was included in the settlement figure paidd by the Top Up. Surely this is dodgy?

[The Debt Star]

Yes this does sound dodgy if you were not given a proper explanation at the time and it was not your choice at the time.

 

I think you should submit the complaint to the FOS and inform EGG that is what you have done. It will be up to FOS, to look into matters of compliance. You don't need expert advice to inform your complaint, as the FOS will look into this on receiving your details. Just keep it simple.

 

I have taken a longer look at the credit card CCA and loan CCA paid off by the Top Up Loan.

 

The CC is an approved limit version with no credit limit stated. They also sold me monthly premium PPI, which accrued and was added to the balance transferred to the Top Up.

 

The Loan was made up of a single premium PPI worth over 20% of the loan, to which they added APR of 7.9%. The balance of the PPI was added to the Top Up loan. This seems outrageous to me.

 

Now, Egg also defaulted me for £9K years back or the Top Up. It seems to me that this default should be removed because the default sum is inaccurate?

[The Debt Star]

The thing to do then, is make a complaint to Egg. Ask them for a full explanation of what they have done and tell them you will asking the FOS to look into the matter.

 

While you are in dispute with Egg via the FOS, they have to stop collection activity. The FOS are on many occasions taking over 2 years to look into complaints.:lol:

 

So YES you should definately continue with this.

 

Thanks Uncle.

 

Here is an email received from Experian today and my response...

 

Dear

 

Further to our recent correspondence, I have been contacted by Egg Banking PLC regarding the defaulted account started . They have confirmed that the details we hold are accurate and have requested that we retain the information on our database. Unfortunately I am unable to amend this information without the authorisation of the company in question.

 

The following Notice of Dispute will remain on this entry for 28 days. It will then be removed, unless I receive further notification from you:

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

If you have any further queries or wish to discuss this further, may I suggest you contact the company concerned direct at the following address:

 

Egg Banking PLC

Pride Park

Riverside Road

Derby

DE99 3GG

 

Tel: 0845 1233233

 

Please be assured that should they send us any further instructions regarding this matter, we will act upon them accordingly.

 

If you have a question about your creditworthiness, your CreditExpert membership includes a free ?Frequently Asked Questions? feature.

 

If you would like to look at this, you will need to log in at www.creditexpert.co.uk and go to the FAQ?s tab at the top of the page.

 

Kind regards

 

Miss

Senior Client Queries Administrator

Client Queries

 

and my response...

 

Dear Sirs

 

The adverse data should be removed by Egg, who may be reported to the Information Commissioner's Office (ICO) in due course if the Default of is not removed or adjusted.

 

The reasons is as follows:

 

The credit sum that Egg claims defaulted (£ ) is made up in part of unlawful charges relating to mis-sold and mis-transferred payment protection insurance from no less than TWO older Egg credit accounts. Consequently that default sum is not accurate. As such it is in breach of contract and further, you should not record inaccurate information on your database.

 

The default sum is therefore disputed.

 

I have written to Egg directly concerning this matter and please note that my account with them is currently in DISPUTE. You should treat this email as the appropriate response to your invitation for me to respond within 28 days.

 

Therefore, the Notice of Dispute should remain on my credit file until this matter has been resolved with Egg. Ultimately it may have to go to the ICO and the FOS. Hopefully you will hear from Egg before then concerning its removal or amendment.

 

Please let me know what you propose to do.

[The Debt Star]

Cheers Uncle B. We'll find out if they can sustain the dispute notice soon enough!

[The Debt Star]

Got my answer from Experian. They said:

 

Thank you for your email, which we received on August 2010.

YOUR QUERY:

- Egg Banking PLC (Account started )

SUMMARY:

The account information we hold actually belongs to lenders. Only they can amend it or tell us to amend it for them.

Experian cannot amend or delete data which belongs to another organisation unless we have their consent to do so.

 

WHAT I AM DOING FOR YOU:

As you have requested, I have arranged for the following Notice of Dispute to remain on your credit report until further notice.

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

WHAT I RECOMMEND YOU DO NEXT:

Keep viewing your credit report to see any changes.

If you have lived at any other addresses, you can add these to your report profile online. You will then be able to view all of the information that we hold in your name at the addresses provided.

I have noticed that you hold an active account at your previous address. I recommend that you move this account to your present address, as lenders like to see all active accounts at your present address.

 

FURTHER INFORMATION:

If you have a question about the information on your report, you may wish to look at the Frequently Asked Questions section of our website.

Kind regards

Consumer Services Officer

Customer Support Centre

Experian Interactive

[The Debt Star]

Before I forget, FOS have a separate form for PPI claims and it has to be sent to the creditor. So the Eggsters will get the main Fos complaint about the mis-sold Top Up Loan, inaccurate defaule tec PLUS 2 separate PPI claim forms

[The Debt Star]

Its been a long time coming but I wish to report....

 

VICTORY OVER EGG

 

The FOS have now adjudicated and Egg have agreed to all of the following:-

 

1. PPI to be repaid plus contractual and statutory interest for the credit card monthly premium PPI

2. PPI rebate plus contractual and statutory interest for the consolidated loan single premium PPI

3. A full rebate based on a calculatution of the carry-over of PPI into the consolidation loan (for the duration of the loan from inception to date), plus interest on this sum

4. £100 compensation for distress and inconvenience

5. A rebate of the overpayments I have made on the consolidation loan principle plus interest because of the PPI loaded onto it, ref both the credit card PPI and the consoliodated loan PPI

6. Review of the default when the calculations are to hand

[The Debt Star]

Barclays. LMAO. Just when i thought that dispute resolution at Egg couldn't possibly get any worse!!

[The Debt Star]

one things fa sure, IF (if) Barcrap do start chasing up on those accounts (via CDCS or whoever), you'll get absolutely bloomin nowhere complaing direct to the bank. They will slither and squirm and weedle their way out of sending CCAs and SARs for those Egg card accounts.

 

keep an eye on your credit files.

 

I have now sent 3 complaints to the FOS about 3 separate banks and the FOS have adjudicated, by and large, in my favour on each ocacsion, including the removal of adverse data at the CRAs.

[The Debt Star]

I have yet to learn the quantum (actual sum due back to me) for the charges, interest and PPI premiums and will report back when I do. However, Egg now have 4 weeks to comply (and I'm counting... :) :) )