Hamilton/HFC/Endeavour - Reclaim PPI

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Heads up:the FOS Service Review Team was disbanded last year.

Service standards complaints are now, initially, reviewed by the adjudicator's Team Manager.

Cheers TDS

I didn't realise that.

So basically the case will still more or less stay with the first adjudicator, but they get it reviewed by their own team manager?

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Heads up:the FOS Service Review Team was disbanded last year.

Service standards complaints are now, initially, reviewed by the adjudicator's Team Manager.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

The above email from my adjudicator was in response to my email.

I asked them to confirm if he had received my paperwork in relation of HFC and if there is anything else required to let us know.

So I just hope that with him confirming he received the paperwork and reviewed this, and he does not require anything further, I am hoping this is another way of him saying, the evidence we have provided is sufficient enough.

He did last week ask for us to provide any evidence that Click Finance DID NOT provide the PPI as concrete evidence, and the application form is in Black and White showing no PPI, yet it was on the lender's agreement later which also changed from 240 months to 300 months.

In my opinion that is proof.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

My email from the Adjudicator just received.

Dear Mr & Mrs

I can confirm that I received and reviewed your papers this afternoon. There is nothing further I require from you unless you feel the need to send more documents in.

I further note your desire for this case to referred to an ombudsman. Once I receive a response from HFC I will be writing to you.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9SR T:

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

It certainly looks that way Di, although your adjudicator seems determined to kill this off as its a bit too complicated for them to get their head around. Hopefully this new (and damning) info means there will be a change of tack and this wil finally get things moving the right way.

Thanks Paul.

Yes I think so too, I do think they were hoping I would kick it in the head.
I am determined to keep going for now though, see what happens.

I am annoyed with the fact though that the adjudicator states that the letters and emails I sent to HFC, they will not directly respond back to us but only the adjudicator himself, that I believe is so wrong.

[Paul210]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

It certainly looks that way Di, although your adjudicator seems determined to kill this off as its a bit too complicated for them to get their head around. Hopefully this new (and damning) info means there will be a change of tack and this wil finally get things moving the right way.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Cheers Guys for your input here.

The further info/paperwork I posted yesterday has been received to the FOS as checked on Track and Trace.
I really don't think I can do anymore, the application to me is evidence that no ppi was added on the application for via Broker Click and surely this is evidence isn't it?

And also proves in my opinion that ppi came into it later on without the broker's involvement?

[Paul210]

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?

IP's place no further improtance on individuals with a claim than any other 'rank and file' unsecured creditor, usually assets are insufficient to repay any creditors, especially as the IP's fees rank ahead of unsecured creditors in the pecking order for any monies (assets) that are recovered.

Presumably the contingency is the FSCS however thats not much help for cases before the qualifying date as is the case in this instance, unfortunately for older claims there seems to be a blackhole in the protective legislation.

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?

[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

[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

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.

[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

[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

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!