EGG CRP claim against barclaycard - rejected 2 years ago

[HelenRmk]

Hi All,

I'm wondering if you could advise me, 2 years ago I claimed against barclaycard regarding my EGG CRP which I am sure was forced upon me when I took the card out online. However, I had very little information regarding dates etc. and took it on the chin & didn't go to FOS (was distracted finding somewhere new to live as the flat I was renting had gone upon for sale, plus my SAR info took an age to get to me as they would only send it to a branch)

I have now found some further documentation thanks to unpacking some VERY old boxes. This includes details of the exact date that the account was opened (when Egg were known to have pre-ticked this box) and the last 4 digits of the card, as well as a copy of the CRP policy along with the "welcome to egg" leaflet - which nowhere required a signature nor mentioned any cooling off period. I have also uncovered the letter that lead me to discontinue this coverage, which as sent when they changed underwriters and used the word "optional" for the first time.

In addition after doing further research I have discovered that using a "tick" rather than a signature to sign off any credit agreement was not deemed legal at the time, and that they have acknowledged bad tick box practice in cases where cards were taken out at the same time as mine.

I did ask Barclaycard (via SAR) for all details of my account(s) and they sent some very convoluted old style printouts, no statements (bear in mind the card is still live!) and no credit agreements for any of my accounts with them, barclaycard or Egg. Their letters used a card number I no longer have so its impossible to tell if they are referring to the same account.

I read somewhere that if you discover new information then you can restart you complaint if you outline the new evidence you have, is this correct?

(They have sent me a flyer regarding Plevin, but the language is very ambiguous, I took the policy out pre 2007 (2000) and killed it off in 2009 so not sure if I'm eligible to go down that route)

Thanks

H

[HelenRmk]

Re: EGG CRP claim against barclaycard - rejected 2 years ago

Sorry - Thought this was going to the PPI forum!

[Kati]

Re: EGG CRP claim against barclaycard - rejected 2 years ago

Sorry - Thought this was going to the PPI forum!

I've moved it for you

to LB ... I'll tag [MENTION=48934]Debt Camel[/MENTION] and [MENTION=6]Amethyst[/MENTION] for you to start with xx

[Amethyst]

Re: EGG CRP claim against barclaycard - rejected 2 years ago

Indeed, just send a new complaint to Barclaycard now, and if they come back saying we've already refused your complaint and you're out of time to go to the FOS, send them copies of the new information that has come to light and ask them to look at it again Did they turn it down because they couldn't find that you had the cover ( have you cancelled it now btw? )or because they thought you hadn't been missold ?

[HelenRmk]

Re: EGG CRP claim against barclaycard - rejected 2 years ago

Hi,

They acknowledge I had the cover (I cancelled it in 2009, a few months after I received the "optional" letter as it moved to AXA), however they claim that I wasn't mis-sold as it was an online application so no advice was given - then sent me a reconstruction based on data in a database (I'm in IT - I know how easy that is!). This was despite me stating in my complaint that I had applied by phone and online, i.e. I had spoken to someone on the phone and then been told to apply online.

I've also just managed to get details of my sick pay at the time confirmed, just waiting for a screen shot, 6 months full and 6 months half pay!

Interestingly they chose NOT too look at my other barclaycard account opened in 1995 that I have also found out had PPI!

(Thanks for moving this Kati!)

H

[HelenRmk]

Hi, I have read somewhere that tick boxes only became a legal form of signature in 2007, is this correct?

Thanks

Helen

[charitynjw]

@ [7Electronic signatures and related certificates.
(1)In any legal proceedings—

(a)an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and

(b)the certification by any person of such a signature,

shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.
;
https://www.legislation.gov.uk/ukpga/2000/7/section/7

Bassano v Toft [2014]
http://www.bailii.org/ew/cases/EWHC/QB/2014/377.html (at 42-43)