Egg PPI refused. What next?

[007coot]

Hi,

 

it's been a while since I've been on here so apologies if I am a bit slow!

 

I sent a SAR to Egg and I have received the following reply:

 

Thank you for your recent request for an executed copy of the credit agreement for account number XXXXXX with Egg Banking PLC under section 78(1) of the consumer credit act 1974.

 

As the account you refer to is now closed i have to inform you that egg are under no obligation to comply with your request as we no longer have a contractual relationship relating to this account nor are we seaking to enforce any agreement on the account.

 

The right to be provided with this information ended with the closure of the account.

 

Section 78 (3) (a) of the CCA states that Section 78 (1) does not appy where 'no sum is, or will or may become, payable by the debtor' The right to request an executed copy of an agreement is found in part VI of the act, which is entittled 'Matters arising during currency of credit or hire agreements'

so where an agreement is no longer current the right to request or be provided with a copy of the executed copy of agreement therefore ceases.

 

Can anyone advise where I go from here?? Surely they are obliged to provide this if I believe I may have been charged for PPI that I woukd not have wanted or needed?

 

Thanks in advance

Lisa:-)

[ims21]

Hi

 

Maybe a silly question but was it a SAR you sent and not a CCA request?

 

Their response appears to be to the latter and if you sent a CCA request then they are correct.

 

How long ago was the account closed?

[007coot]

Hi

 

It was a subject Access request and I always type in large bold across the top. (I didn't enclose the £10 fee, I just stated that if they required the fee then they should let me know before proceeding with my request)

 

I'm not sure of dates but I guess it was closed about 6 years ago (June 2006) because that's when I took out a large secured loan to pay of all our debts.

 

Thanks for your reply

 

Much appreciated

Lisa

[007coot]

this is what I wrote:

 

I am writing to make a subject accessrequest under the Data Protection Act 1998 for information you hold in regardsto the above accounts. I require a copy of my credit agreement and any other documentsindicating whether or not I have ever paid PPI (payment protection insurance) inrespect of these accounts and the amounts paid. Please note that if I find thatI have paid PPI I will be making a claim and If my complaint is upheld I will require a refund of all premiums paidto the policy, plus any additional interest charged to me because of the PPI,interest on moneys owed to me and statutory compensation in view of the factthat I have been deprived of the use of this money.

Please inform me,prior to processing this request, if you require a fee to be paid.

Please note youhave 40 days in which comply with this request.

If there isspecific information which you require in order to satisfy yourself as to myidentity, please let me know by return. However, please note that the aboveaddress is the one which you normally use to communicate private business to meand which you have hitherto found to be acceptable.

[ims21]

Hmmm

 

If it were me I'd do a proper SAR and enclose the £10 statutory fee.

 

Template for full SAR is in the liabrary.

 

Are we talking loan or credit card?

[007coot]

ok great advice thanks, I'm not sure why the copy and paste letter above has grouped words together! I can assure you I did write the original letter properly and words were properly seperated . I'll get another in the post today with the fee and hope I get a more satisfactory response.

 

Thanks for your time, it's very much appreciated

Lisa

[ims21]

Sorry...I didn't mean yours's was improper due the spacing/layout.

 

I meant a full SAR would be best asking for everything they hold on you, PPI related or not

[BRIGADIER2JCS]

A Question please, what is the reason for reclaiming the PPI

was it actually missold?

[BRIGADIER2JCS]

Address your SAR to the data controller and state

that you require all documents including but not

limited to the agreement, '' the document requested

contains data relating to me, my address and fianacilal

status and this is therefore a lawful request under DPA

1998.

The ICO states that it would ''expect'' such agreements to

be provided BUT there is no legislated obligation to do so.

[007coot]

That's ok IMS21, I didn't think you meant it like that I just didn't want you to think that was how I'd sent it.

 

Brigadier2JCS, I would never have asked to pay for PPI as I was a housewife and my husband gets 1 year full sick pay with his company so PPI is a waste of time for us.

 

Thanks for your advice

[BRIGADIER2JCS]

That's ok IMS21, I didn't think you meant it like that I just didn't want you to think that was how I'd sent it.

 

Brigadier2JCS, I would never have asked to pay for PPI as I was a housewife and my husband gets 1 year full sick pay with his company so PPI is a waste of time for us.

 

Thanks for your advice

A perfect reason for the claim:-)

[jimbo49]

I'm also thinking of sending a SAR to Egg - does anybody know of them actually complying with a SAR and providing the information? My account closed years ago as well (but within 6 years) so I'm hoping they'll provide the info I require.

 

Brigadier2jcs - are you saying that a SAR isn't actually legally enforceable if any account has closed? or just not enforceable full stop?

[ims21]

I'm also thinking of sending a SAR to Egg - does anybody know of them actually complying with a SAR and providing the information? My account closed years ago as well (but within 6 years) so I'm hoping they'll provide the info I require.

 

Brigadier2jcs - are you saying that a SAR isn't actually legally enforceable if any account has closed? or just not enforceable full stop?

 

They are required to comply with a SAR and non compliance can be enforced through court.

 

You may have trouble getting stuff further back than six years but when pressed some lenders do eventually mysteriously find more data.

 

There are plenty of threads on here where Egg have complied with SAR requests...why would you think they wouldn't comply?

[BRIGADIER2JCS]

No the creditor has to keep records on the account

for 6 years AFTER the accpount is closed.

The point is that the DPA 1998 does not

have any clause that states the agreement

must be supplied with the SAR data.

[BRIGADIER2JCS]

CCA request under CCA 1974 sect. 77/78 may provide the agreement.

[Splashy]

Could anyone please confirm the address to which the SAR request should be sent. I have this address : Data Controller

EGG BANKING PLC

CITIGROUP CENTRE

33 CANADA SQUARE

LONDON

E14 5LB

 

but just wanted to check since it would not surprise me if they took 39 days to tell me I had sent it to the wrong address.

[ims21]

Could anyone please confirm the address to which the SAR request should be sent. I have this address : Data Controller

EGG BANKING PLC

CITIGROUP CENTRE

33 CANADA SQUARE

LONDON

E14 5LB

 

but just wanted to check since it would not surprise me if they took 39 days to tell me I had sent it to the wrong address.

 

Yes that's the one

[007coot]

Grrrrrrrrr! I am furious, egg cashed my £10 cheque and now they have sent me EXACTLY the same letter as before saying that as my account is closed they are under no obligation. I am fuming! this is costing me a fortune in stamps and printing too.

 

Shall I send a copy of this letter back, along with a copy of my SAR letter and a copy of the cashed cheque and tell them that I am going to force compliance through the courts or do i contact the ICO?? I'm so mad I'm shaking! What's bloody wrong with these people!

 

Any advice greatly appreciated x

[007coot]

Actually ignore that, I've just re-read a post where IMS21 has already answered my question. Another letter on it's way!

[BRIGADIER2JCS]

It is a lawful request for information, they should

confirm if they no longer hold data because of the

age of the account and return the £10.00.

 

Send the Data Controller this.

 

Formal Complaint Misappropriation of Statutory Fee

Non Compliance with Subject Access Request.

 

Dear Sir or Madam,

 

I refer to your letter datae xx xx xxxx regarding the Subject Access Request

made by me on xx xx xxx, you have cash my cheque in the sum of £10.00

and have failed in your duties under the Data Protection Act 1998.

 

I require the immediate refund of this money, and confirmation that you

do not hold any data relating to me on any manual or electronic storage

sysytems, if you are unable to confirm this the I require you to supply all

data you hold relating to me.

 

I am preparing a complaint to the Information Commissioners Office

regarding this matter and will be sending this unless you comply with

the above within 7 working days.

Recorded Delivery Marked Confidential.

[007coot]

Fantastic thank you very very much. Really appreciate that

[007coot]

hi,

 

I have today received my SAR from Egg and boy is it confusing! It turns out I had a loan with them that i didn't even remeber having but I don't think I have paid PPI.

 

On the credit card statements I was paying Credit Card Payment Protector from the start (Feb 2002 until I took out the loan Feb 2003) and the rate of interest charged says 1.093 per month. It looks like when I took the loan I stopped paying PPI. I'm using the spreadsheet CIsheetV101 so what rate do I put in the Interest rate (APR) section?

 

Thick of me I know but need to be sure!

[ims21]

Hi

 

Did you get copies of ALL actual statements for the card or was it just a transaction listing?

[007coot]

Hi Ims, it's actual copies of the statements. I can scan one and post if you need me to but I'll have to find the post with instructions to upload here x

[ims21]

No...no need to post it up.

 

If you have all of the statements then you should use this spreadsheet to get the value of the award that should be offered under the regulator's rules.

 

I only asked so that I could point you in the direction of the correct spreadsheet. Just follow the instructions in the notes tab of the spreadsheet.

 

FosRunningPPI v102.xls