Egg/barclaycard Information Request Refused

[kerrimouse]

Hi everyone,

i am new here and hope I am doing this right! I have been trying for about 8 months to get information from Egg re my credit card. I am pretty sure i had ppi but need the paperwork. first I got a letter from Barclaycard saying to send the request to Egg as my account had never been owned by them. Then I got a letter (again from Barclaycard - this time with my original Egg number and a new Barclaycard number:tinysmile_cry_t saying the following:

As no sum is, or will or may become payable under your credit agreement, section 78 (3) (a) of the Act provides that we are not obliged to provide you with the documents and information you seek.

I have no idea what this means or what I should do next. Any help would be very much appreciated as I am sure they are giving me the run around!

many thanks

[FlamingParrot]

Re: Egg/barclaycard Information Request Refused

Hi everyone,

i am new here and hope I am doing this right! I have been trying for about 8 months to get information from Egg re my credit card. I am pretty sure i had ppi but need the paperwork. first I got a letter from Barclaycard saying to send the request to Egg as my account had never been owned by them. Then I got a letter (again from Barclaycard - this time with my original Egg number and a new Barclaycard number:tinysmile_cry_t saying the following:

As no sum is, or will or may become payable under your credit agreement, section 78 (3) (a) of the Act provides that we are not obliged to provide you with the documents and information you seek.

I have no idea what this means or what I should do next. Any help would be very much appreciated as I am sure they are giving me the run around!

many thanks

Hi and welcome to LB!

What sort of request did you send? Was it a Subject Access Request (SAR) with a £10 fee or a CCA request for a copy of your credit agreement with a £1 fee? From the above, sounds like you sent a CCA request, which is the one under the Consumer Credit Act, although s.78 applies to credit cards, s.77 applies to loans. The s.77-79 request is for a copy of your credit agreement and they are correct in saying that they are not obliged to comply when there is no outstanding balance.

If you wanted to know about PPI you'd have to send a SAR request under the Data Protection Act for all data held about you, regardless of whether there is an outstanding balance or not, they'd still have to comply. You don't need to provide an account number for a SAR, because it's person-specific rather than account specific. :thumb:

[Angry Cat]

Re: Egg/barclaycard Information Request Refused

Section 78, refers to requesting information re running account credit; a credit card!
http://www.legislation.gov.uk/ukpga/1974/39/section/78

Clearly, the OP must have made a CCA request to Sharkleys?!

[Angry Cat]

Re: Egg/barclaycard Information Request Refused

What on earth are Sharkleys on about?

In any event Humpty Dumpty didn't always (often did not) mention PPI or as they called it: CRP on their strange credit agreements.
Further and bearing in mind that EGG is no longer, as it was bought by Citi and then the decent accounts were flogged to Sharkleys...
Citi/Canada Square Operations would hold very little data in respect of EGG PPI!

kerrimouse, in which year did you open your EGG Card?

[kerrimouse]

Re: Egg/barclaycard Information Request Refused

Thanks for the help guys, it is so confusing. It was a CCA request that I sent and my account was opened in 2001 (I think - I will check when I get home). Should I now send an SAR request?

[Angry Cat]

Re: Egg/barclaycard Information Request Refused

Thanks for the help guys, it is so confusing. It was a CCA request that I sent and my account was opened in 2001 (I think - I will check when I get home). Should I now send an SAR request?

Ah, thought it must have been an S. 78 CCA request.
If, the account was opened in 2001, PPI (Egg called PPI: CRP) would not have been shown on the credit agreement. Unless of course the credit was for a loan.

It wouldn't be a bad idea to make an SAR but looks like you would have to make same to:
Canada Square Operations, the part of CitiGroup who are dealing with the EGG accounts that Barclays did not buy!

The question is: did Barclays buy your old EGG account or not?!

It would appear that Shark leys are in a muddle at the moment...

[kerrimouse]

Re: Egg/barclaycard Information Request Refused

Thank you Alsatian for your help, I am assuming that Barclays did buy it as I never had dealings with them and yet on the last letter they gave my original egg card v number as well as a barclays number. I am not sure of when I opened but I have checked my experian and it looks like I opened it 04/08/03. As i have a barcley number shall i make SAR to Barclays? Thank you for your help!

[Angry Cat]

Re: Egg/barclaycard Information Request Refused

Before we move on, can you please confirm the date in which the EGG card was opened?
In post #5 you state; 2001. But in post #7(above) you state state 2003.

Your Experian credit file will reveal who the 'Data Controller' was at the time of opening: 2001 or 2003.

Later copies of same will show if when the account was defaulted and;
if there was a change in Data Controller from EGG to Barclays. There can only be one 'Data Controller' of the credit agreement!

If you havn't already done so, I would suggest that you make: Limited Subject Access Requests to both Experian and Equifax. These cost £2.00 each but may provide a solution.

Plus you could make a s78 CCA request to Canada Square Operations (Citi) at a cost of £1.00.

By making the above requests you should find out as to whether Barclays bought your account or, if it remained with CitiGroup.

[kerrimouse]

Re: Egg/barclaycard Information Request Refused

Sorry for the confusion, I had thought it was 2001 but I have my experian report and the 2003 date is correct. This shows it was Egg at that time. I am assuming Barclays bought it but only because they wrote back to my query addressed to egg with a barclaycard number and I have never opened an account with them. It's so confusing!

[Angry Cat]

Re: Egg/barclaycard Information Request Refused

Sorry for the confusion, I had thought it was 2001 but I have my experian report and the 2003 date is correct. This shows it was Egg at that time. I am assuming Barclays bought it but only because they wrote back to my query addressed to egg with a barclaycard number and I have never opened an account with them. It's so confusing!

Barclays bought some EGG client accounts from Citi in 2011. But they didn't buy all of them[Emphasis Added]
http://www.telegraph.co.uk/finance/n...rd-assets.html

I suggest that you obtain a copy of your current credit file (cost £2.00).
If, Barclays bought your old EGG Card account: circa 2003. The Data Controller of same would have changed from EGG/Citi to Barclays in 2011.

This, I believe, is the simplest way to solve your query!

[kerrimouse]

Re: Egg/barclaycard Information Request Refused

Thanks Alsatian - credit file shows it as Egg but Barclays wrote back with a letter showing my orginal Egg number AND a Barclaycard number (which I have never seen before). If I want to get a SAR do I send that to Barclays? Sorry to be so dense about it but I have no experience of anything like this. Really appreciate any help you can give me.

[Angry Cat]

Re: Egg/barclaycard Information Request Refused

Thanks Alsatian - credit file shows it as Egg but Barclays wrote back with a letter showing my orginal Egg number AND a Barclaycard number (which I have never seen before). If I want to get a SAR do I send that to Barclays? Sorry to be so dense about it but I have no experience of anything like this. Really appreciate any help you can give me.

You state: "credit file shows it as Egg"
The file should give a date when the information was last updated?

It does sound as though the account is with Barclays?

Have you made the section 78 CCA request yet?

[kerrimouse]

Re: Egg/barclaycard Information Request Refused

You state: "credit file shows it as Egg"
The file should give a date when the information was last updated?

It does sound as though the account is with Barclays?

Have you made the section 78 CCA request yet?

Hi, The credit file shows updated for the period 16/4/06. So far I have made the 78 CCA request but that is all. Not sure what to do next, many thanks for your advice BTW

[labman]

Re: Egg/barclaycard Information Request Refused

Has the card now been terminated? If so, no money (sum) is, or will become payable by you as it's already been paid and the card cancelled. This is my best guess at the situation in which case they are correct. The Legislation is below:

78 Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a)the state of the account, and
(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.



(3)Subsection (1) does not apply to—
(a)an agreement under which no sum is, or will or may become, payable by the debtor,

In this case, once you have ascertained everything Angry Cat (Alsatian) was asking about, then you would be best sending a SAR to them. If you need a template letter, just post up and we'll provide one. It carries a maximum fee of £10.00 and they have 40 calendar days in which to respond, though to be honest, there's not much to be gained in this case by holding them exactly to the 40 days. If it goes over 50 or so, then you should be chasing them.

[Angry Cat]

Re: Egg/barclaycard Information Request Refused

If I were you, I would make a SAR to EGG. The accounts that were not sold to Barclays are being handled by Canada Square Operations.
Make your request to the Data Controller, address as follows:
Registration Number: Z1935304
Date Registered: 30 September 2009 Registration Expires: 29 September 2013
Data Controller: CANADA SQUARE OPERATIONS PLC
Address:

CITIGROUP CENTRE
33 CANADA SQUARE
LONDON
E14 5LB

In reality, you cannot proceed until you have obtained all the information that you require.
If, Canada Square Operation do not hold the data, no doubt they will return the DPA/SAR fee of £10.

Send by recorded delivery, keep copies and mark the PO: DPA stat fee only.

Please be aware though, that you will only receive information relating to you/your EGG account over the last 6 years!