Hamilton/HFC/Endeavour - Reclaim PPI

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Cheers TDS.
So could I still contact the assessor whilst waiting to be passed on to the ombudsman though for review?
Shall check the link now, thank you.

new avatar Di who's this piccie on here.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

new avatar Di who's this piccie on here.

Cheers Cappo, I had a photo taken with my lovely mum yesterday x

Do i look any different to my other old photo avatar lol?

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Cheers Cappo, I had a photo taken with my lovely mum yesterday x

Do i look any different to my other old photo avatar lol?

No Di i knew it was you and i guessed it was your mum,i did'nt want to say so though in case it wasnt her,looks like a lovely lady, getting back to what your saying about the adjudicator here though, i don't think the adjudicator has fully understood the issues,nor do i but i'm not an adjudicator lol,keep going my woman,i've got a good feeling Di, your going to get there in the end girl.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

No Di i knew it was you and i guessed it was your mum,i did'nt want to say so though in case it wasnt her,looks like a lovely lady, getting back to what your saying about the adjudicator here though, i don't think the adjudicator has fully understood the issues,nor do i but i'm not an adjudicator lol,keep going my woman,i've got a good feeling Di, your going to get there in the end girl.

Aww bless you Cappo, thank you. XX:tinysmile_kiss_t4:

Yes your so right, or maybe they don't want to deal with it and turning a blind eye, seems like since they have had even more complaints to deal with since the JR issue they are trying to narrow down by rejecting doesn't it?
Wish you and some others on here were my adjudicator lol x

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Aww bless you Cappo, thank you. XX:tinysmile_kiss_t4:

Yes your so right, or maybe they don't want to deal with it and turning a blind eye, seems like since they have had even more complaints to deal with since the JR issue they are trying to narrow down by rejecting doesn't it?
Wish you and some others on here were my adjudicator lol x

I think we're going to get a lot of this sort of thing now,the easy cases with a large turnover of cases will be sorted everything else difficult or not easy to pick up on will be shunted off to the ombudsman,not good!

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I think we're going to get a lot of this sort of thing now,the easy cases with a large turnover of cases will be sorted everything else difficult or not easy to pick up on will be shunted off to the ombudsman,not good!

I agree Cappo, this does certainly seem to be the case here.

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I agree Cappo, this does certainly seem to be the case here.

there pains arn't they?

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Too right Cappo.

Just came across a statement on some info I found, now my agreement was a regulated agreement as the loan was for less than £25K, take a look at this extract here below.


Brokers

If the PPI is sold by a broker the lender bears no liability for the mis-selling unless the credit agreement is regulated. In the case of a regulated agreement Section 56 of the Consumer Credit Act will often make the lender liable for antecedent negotiations by the broker.

Always check the Broker is solvent – a lot have liquidated to avoid these claims.

A spin off of PPI litigation may arise where the lender has paid the broker a commission which has not been declared either as to existence (secret commission) or as to amount (undisclosed commission). Because a broker owes a fiduciary duty to a borrower (arising from the relationship of principal and agent) the broker should pay the commission to the borrower if the borrow did not give informed consent to the broker to receive it.
If the broker is in liquidation an action may be brought against the lender who paid the commission for procuring the broker’s breach of fiduciary duty. There is no fiduciary duty owed by the lender direct to the borrower.

http://www.johnpughschambers.co.uk/O...Litigation.htm

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

In relation to the above post i just added, unfortunately my broker did dissolve, yet they are running other Click Financial businesses, loans etc, same director as well, but when writing to them over the years they were not taking any liability.
Something like Phoenix they call it isn't it? when the same director opens new loan companies yet leaves the previous ones behind!

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Too right Cappo.

Just came across a statement on some info I found, now my agreement was a regulated agreement as the loan was for less than £25K, take a look at this extract here below.


Brokers

If the PPI is sold by a broker the lender bears no liability for the mis-selling unless the credit agreement is regulated. In the case of a regulated agreement Section 56 of the Consumer Credit Act will often make the lender liable for antecedent negotiations by the broker.


A spin off of PPI litigation may arise where the lender has paid the broker a commission which has not been declared either as to existence (secret commission) or as to amount (undisclosed commission). Because a broker owes a fiduciary duty to a borrower (arising from the relationship of principal and agent) the broker should pay the commission to the borrower if the borrow did not give informed consent to the broker to receive it.
If the broker is in liquidation an action may be brought against the lender who paid the commission for procuring the broker’s breach of fiduciary duty. There is no fiduciary duty owed by the lender direct to the borrower.

http://www.johnpughschambers.co.uk/O...Litigation.htm

I'd like to liquidate them lol



Always check the Broker is solvent – a lot have liquidated to avoid these claims.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I'd like to liquidate them lol



Always check the Broker is solvent – a lot have liquidated to avoid these claims.

LOL me too Cappo, anything to avoid the responsibilities isn't it?

http://www.insolvency.gov.uk/cib/faqs.htm#Q5

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Details of order of dates of the loan process according to the paperwork we have from the SAR.
However, HFC/Endeavour also sent another copy of the application form via Click Finance a few days ago which we already had a copy of.

Endeavour - Lender Copy of Credit Agreement - 5 July 2004.

Click Finance Application issued - 08/07/2004
Signed by us - 16 July 2004
Also signed the banking instruction - 16th July 2004.

Endeavour Personal Finance paperwork (Formal response to Broker - Click Finance application form accepted in principal) - 20 July 2004.

Valuation of house signed document instructed by 1 Click Home loans ltd - 21 July 2004

HFC customer speaks form (done by telephone) - 26 July 2004

Endeavour personal finance - legal charge - 30 July 2004

We signed Endeavour loan Agreement as shown on agreement - 30 July 2004.

They sent the cheque, it was not directly paid by bacs and it cleared 3 August 2004.

Quite confusing on the lender agreement dated 5 July, yet the application did not take place until after that.

However, its a VERY poorly copy, you can read the date they signed it, but hardly out personal details, very faded out indeed.

[Paul210]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Too right Cappo.

Just came across a statement on some info I found, now my agreement was a regulated agreement as the loan was for less than £25K, take a look at this extract here below.


Brokers

If the PPI is sold by a broker the lender bears no liability for the mis-selling unless the credit agreement is regulated. In the case of a regulated agreement Section 56 of the Consumer Credit Act will often make the lender liable for antecedent negotiations by the broker.

Always check the Broker is solvent – a lot have liquidated to avoid these claims.

A spin off of PPI litigation may arise where the lender has paid the broker a commission which has not been declared either as to existence (secret commission) or as to amount (undisclosed commission). Because a broker owes a fiduciary duty to a borrower (arising from the relationship of principal and agent) the broker should pay the commission to the borrower if the borrow did not give informed consent to the broker to receive it.
If the broker is in liquidation an action may be brought against the lender who paid the commission for procuring the broker’s breach of fiduciary duty. There is no fiduciary duty owed by the lender direct to the borrower.

http://www.johnpughschambers.co.uk/O...Litigation.htm

This uses the same breach of fiduciary duty argument I've suggested for trying to make the lender liale, well worth bearing in mind id things cant be sorted via FOS route.

Just becase Click dissolved shouldnt effect the situation, basically the only difference between liquidated and dissolved is at the time click stated they had no debts, you could always get click reinstated under the provisions of the compaies act, push for decision against them and then apply for liquidation based on the award debt but would be a lot of work, not to mention very expensive. Its also likely the compnay had no assets so it wouldnt actually get you any closer to getting your money back which the end result you want.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Thanks for that Paul.
Was doing some further research on Click and they have run so many businesses of similar names, that have dissolved and started up others with same manager's directors etc, however just checked the email from the adjudicator, looks like HFC are looking into it, but my feeling is possibly yet another rejection to come.

Dear

Thank you for your previous emails.

I have been contacted by HFC this afternoon. They have informed me that they have received all of your recent letters and emails. They have stated that they are looking into your concerns and are progressing the case as quickly as possible. However any response HFC issue will come to me and not be sent directly to you in response to your letters and emails.

If you have anything further to add in terms of evidence to HFC then please send it to me rather than to HFC Direct.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Ref Brokers going into liquidation to avoid claims. It is, presumably, illegal to deliberately go into liquidation / wind down a company to avoid creditors and paying out claims.

Presumably, if a broker has gone into liquidation, then anyone with a claim on them should put this in writing quickly, so as to ensure that they get contacted by the insolvency practitioner acting. Then they will have a note of your claim.

However, I may have this all wrong - perhaps IP's are only interested in creditors and not people with claims?

If so, then presumably the FSA should be contacted as these insurers must have liability cover for such contingencies?

Might be worth asking the FSA what its views are?