Egg PPI Claim - SAR rejected

[PhilipJackson99]

Hi guys

My wife and I both want to make PPI claims against Egg for loans repaid 3-4 years ago. I used the SAR template from this site. Today We each received a letter, both said that due to the accounts being closed they are not obliged, under the consumer credit act, to provide the information. They did however confirm the account numbers, so they have the info. Where do I go from here? We both know we have a case.

 

Thanks

Phil

[firstship]

Hi welcome.Egg are wrong if the loan has been active in the last 6 years they are obliged to consider your claim.All banks are required to retain records for a minimum of 6 years.

 

They produced the account numbers that was nice of them,ask them on what basis they are refusing your SAR request,there is nothing under the CCA that stops them providing the information,I assume you sent the £10 fee with your SAR template,what happened to the £10?

 

regards FS

[PhilipJackson99]

Thanks FS.

 

This is what the letter says

 

 

Dear Sir

 

Thank you for your recent request for an executed copy of the credit agreement for account number XXXXXXXX with Canada Square Operations (formerly known as Egg Banking plc) under section 77 (1) of the Consumer Credit Act 1974.

 

As the account you refer to is now closed I have to inform you that Canada Square Operations are under no obligation to comply with a request for a copy of the executed agreement under the CCA as we no longer have a contractual relationship relating to this account, nor are we seeking to enforce any agreement on the account.

 

The right to be provided with this information from Canada Square Operations ended with the closure of this account.

 

Section 77 (3) (a) of the CCA states that section 77 (1) does not apply 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of the Act, which is entitled 'Matters arising during currency of credit or hire agreements'; so where an agreement is no longer current the right to request or be provided with a copy of the executed agreement therefore ceases.

 

Yours sincerely

[PhilipJackson99]

My feeling is that if they had nothing to hide they would have submitted the information.

 

Also, they aren't actually answering the SAR, just using a piece of legislation in place as their initial fob off.

 

My claim is due to being told that the interest rate would be less favourable if I didn't take the PPI, my wife's is because she was told that it was an integral part of the credit agreement.

[MARTIN3030]

They might not be obliged to send a copy of the agreement,but are duly bound to send copy statements and anything else specified.

Can you confirm if this was a request under CCA or the DPA ?

What fee did you send ?

[MARTIN3030]

For a SAR the fee is £10 and the request needs to be specific.

[PhilipJackson99]

Thanks Martin

 

Below is the letter I sent.

 

 

RE: DATA PROTECTION ACT 1998: SUBJECT ACCESS REQUEST – name & dob removed

Date: 22nd August 2012

 

Dear Sir/Madam

 

I understand that you currently hold details of my personal and financialinformation within your internal record systems with regard to personal loanaccounts and credit cards accounts

 

I would be grateful if you would provide the following for ALL accounts orassociated accounts I hold or have held with your organisation:

 

1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
   
2. A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation.
   
3. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
   
4. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
   
5. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
   
6. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
   
7. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.
   

Whereyou have used abbreviations and/or codes, I would request that an accompanyingsheet be provided so as to translate these abbreviations and/or codes and theirmeanings, I also request an accompanying appendices of the documents includedand reference to the purpose or meaning to those documents.

I request that you provide all the information requested above, even though youmay consider that it falls outside Data Protection.

 

I reserve the right to refer to the contents of this letter if an applicationfor pre-action discovery is necessary relating to any of the documentsrequested herein.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD ITTO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours Faithfully.

 

Name and previous addresses removed

[MARTIN3030]

Ok so it was a full DSAR with the fee.

So in this instance they have failed to comply and are in breach of the DPA.

How long into the 40 days after sending did they respond ?

Also have they cashed the cheque ?

 

You need to send a non compliance letter and complain to the ICO.

You can of course file a claim asking the Court to order disclosure.

 

Where did you get the template for the SAR out of interest ?

[PhilipJackson99]

Ok so it was a full DSAR with the fee.

So in this instance they have failed to comply and are in breach of the DPA.

How long into the 40 days after sending did they respond ?

Also have they cashed the cheque ?

 

You need to send a non compliance letter and complain to the ICO.

You can of course file a claim asking the Court to order disclosure.

 

Where did you get the template for the SAR out of interest ?

 

The date on that is a bit misleading as I didn't post it (dated correctly) until September 15th, so they have come back in about 20 days

They haven't banked the cheques.......yet!

I think I may have pinched the letter template from here, sorry!

 

Does anyone have a non compliance template that can be used?

[MARTIN3030]

This can be found in the library here.

 

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

[PhilipJackson99]

Thanks Martin

[dx100uk]

their reply is a cca reply..

 

i think its just the way they tell you you wont get a copy of any agreement

 

the sar data is yet to come

 

dx

[PhilipJackson99]

Fair enough, I'll give them the balance of their 40 days before responding

[firstship]

Sorry for delay in reply,as you have found from Martin and Dx they are required to supply all statements in response to to your SAR request,and this is what you require for your PPI claim,good luck with your claim

 

Regards FS

[suekelly]

Hi Phil,

 

I'm also experiencing the same problems with Egg. I sent them a full SAR in June for two loans and a credit card. They sent me the same letter you received stating that they didn't have to send me an executed copy of the credit agreement for the credit card only as the account was closed. In fact all the account are closed!

 

I'm sure this is their standard response to all SAR requests. The credit card debt was in fact incorporated into the second loan (as was the outstanding balance on the first loan and PPI). The second loan was taken out in 2005 after I called them to advise that I was struggling with payments of the first loan and credit card. They responded by pushing this loan on me which admittedly had a lower APR but was for £15,000 more than I already owed.

 

Lots of issues here but the main point is that five months down the line, they have ignored all my follow-up requests regarding the SAR. To complicate things, the debt was allegedly sold to Apex in 2010 (defaulted in 2005). The first I knew about this was when Apex started chasing me. I paid them a token payment for a couple of years but have stopped now - this was before I'd read all the information about DCA's on this site.

 

I sent them a full SAR request too on the basis that as they'd bought the debt, Egg would have passed all the paperwork onto them. Not the case apparently. They advised me that they were only given enough information to chase the debt - whatever that means! I've since sent them a CCA request but they've ignored this.

 

I suppose the next step is to contact the ICO? I'm also considering a claim with the Financial Ombudsman for mis-selling the loan (lots of reasons why I think this might be worth doing).

[ken100464]

This is interesting.

 

I got a SAR out of EGG on the 31st July 2012. However I have connections to Derby and know the old egg site was in the process of being wound down. This is where I got the data from..

 

Fast forward to now and reading up about what happened to EGG on the net and you realise that all live loan and mortgage has gone to Yorkshire Bank, live credit cards to Barclaycard but all the dead stuff is now with this Canada square operations who are not based in Derby at all.

 

With all this upheaval you are going to have to suspect things are not quite as they should be with the documentation. This might be good news if you still have a debt with them or a DCA as the CCA may no longer be available. But the flip side is the records you would rely on to make a PPI claim might no longer be present either.

 

Perhaps Canada Square made an informed decision to lose the liabilties. Wrong I know but without a court case how is anyone goning to know.

[theta]

I received the same letter as Phil this morning in reply to a SAR I sent them last week. In fact I received two letters from them, one for a credit card I had with them and another one for a loan. Both, the credit card and loan account were settled back in 2009. However, I checked my account and they have already banked the cheque I sent them.

 

Should I do anything or shall I just wait until the 40 days are up to see if they actually send me any information?

 

Thanks,

 

Theo