Hamilton/HFC/Endeavour - Reclaim PPI

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

They are delayed on this one, as its lots involved, but just received an email from the Adjudicator now.

Dear Mr & Mrs

Just to update you. I'm still in the process of reviewing your file, there is quite a lot of material contained within it. However I will be finished by the end of today and I will send the view to you in the middle of next week following the bank holiday weekend.

If you have any queries please do not hesitate to contact me.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9SR T: 020 796 40668 |
E:

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Not holding much hope on this one, with it being a complex case.

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Not holding much hope on this one, with it being a complex case.

it'll be fine di,i got the blow off on mine fairly quickly i'm not experienced in these Matters but reading your previous posts on this case i'd say you've got a 75% chance,so you know what they say no news is good news,be positive and hope for the best.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Thank you Cappo, fingers crossed hey!

The problems he was having over the last few months was trying to get more details on the relationship of the insurer to the broker, and he previously did say with the broker dissolved its a difficult one.
Still worth a try, and see what happens when we receive the letter next week.
Thank you.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

The adjudicator have also agreed to send by email, just waiting now for his senior colleague to check the drafted letter, then he will email it to us.

Dear Mrs

I have no problems with sending the letter to you and your husband by email. The letter containing my opinion has been drafted and is currently being checked by a senior colleague before I send it out to you and Mr *****.

I will send it to you by email as soon as it has been checked and cleared to send.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

The adjudicator have also agreed to send by email, just waiting now for his senior colleague to check the drafted letter, then he will email it to us.

Dear Mrs

I have no problems with sending the letter to you and your husband by email. The letter containing my opinion has been drafted and is currently being checked by a senior colleague before I send it out to you and Mr *****.

I will send it to you by email as soon as it has been checked and cleared to send.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14

our fingers are crossed

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Thank you Cappo.

With the fact that he says "opinion" this have given me doubts, but no decision as such I don't think. But even so - if it fails I will forward on to the ombudsman himself, and probably wait another 2 years lol, never mind, see what it says when it arrives first, but will keep an open mind.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Just received email now and its not good news.

The Adjudicator have stated that he is unable to determine the relationship of the insurer to the broker, and of course we cannot make the lender responsible (we knew that).

We have until the 16th of this month to provide any further information if we want this reviewed by the ombudsman.

I did have a feeling about this, and it doesn't help with the broker dissolved, although I am not leaving it there. Just shame its taken approx 2 years to come to this decision.

[Paul210]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

have you considered pursuing HFC via court route, case law suggets lender is vicariously liable for actions of broker due to agency agreement (Wislon v Hurstanger Ltd [2007] EWCA Civ 299. This wasnt a ppi case but the precedent could easily be applied to a broker being induced by way of commision by the lender to breach their fiduciary duty to their client (you) in order to sell insurance.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

have you considered pursuing HFC via court route, case law suggets lender is vicariously liable for actions of broker due to agency agreement (Wislon v Hurstanger Ltd [2007] EWCA Civ 299. This wasnt a ppi case but the precedent could easily be applied to a broker being induced by way of commision by the lender to breach their fiduciary duty to their client (you) in order to sell insurance.

Its definately something we should take into consideration.

What baffles me is the fact that I do actually have paperwork here with HFC, its a "speaks form" when the loan/ins went through we were then called by telephone by HFC to go through all the details of the loan (As Endeavour arranged this), where payment of the loan was arranged to be released, so I would have assumed HFC were responsible.

I also stated this to the Adjuicator but they kept going back to Hamilton, just stating" they are the insurer/underwriter and its them we're on to".

I have checked someone out as well who's name was left on the speaks form and found this person on FB LOL, she is the underwriter of HFC, but its not something I can disclose to the authorities, they would think I was stalking
I know I should not have done that, its wrong but its so frustrating knowin the fact that I do believe HFC would be the ones responsible.

Cheers for the info as well.

[Paul210]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

where do endeavour ("EPF") fit into this Di if the broker was Click and the lender was HFC?

EPF are a secured loan lender, cant understand why they would be involved or where they fit in from reading posts so far. Can you clarify as it may have an impact.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

where do endeavour ("EPF") fit into this Di if the broker was Click and the lender was HFC?

EPF are a secured loan lender, cant understand why they would be involved or where they fit in from reading posts so far. Can you clarify as it may have an impact.

I have ppi policy details of the insurer - Hamilton, and it was the FOS who suggested going this avenue, because Click Finance was the broker of the loan who arranged it for Endeavour but Click dissolved, yet we remember having a phone call from HFC that Endeavour arranged before the loan was paid out, its the call where they had to speak to me and hubby separately.
Confusing isn't it?

So basically - broker Click Finance
Lender - Endeavour personal Finance
Insurer (paid within the loan) Hamilton
Customer contact (underwriting) HFC

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Having some issues with attaching my docs at present (my end) so here below is the details of that letter (absolutely no mention of HFC).

Dear Mr & Mrs


Your complaint about Click Financial trading as (Click Finance)/Hamilton Insurance.

I refer to previous correspondence regarding the above complaint.

The Financial Ombudsman Service (FOS) is not free to consider every complaint referred to it. I am sorry to tell you that this complaint does not appear to be one that we can consider.

The complaint concerns the sale of Payment Protection Insurance (PPI) Policy which was sold to you by Click Finance Ltd (Click) in July 2004, to run alongside a loan with Endeavour Personal Finance.

We have been unable to investigate your complaint against Click because the sale of the PPI by intermediaries, such as Click have only been regulated since January 2005.

Your complaint against Click is not within jurisdiction of this service.

I advised you that we were investigating the possibility of raising your concerns with the Insurance company who actually provided the cover under this policy (The Underwriter). We have established that the Underwriter of your policy is Hamilton Insurance Company Limited.

In order to conclude that Hamilton is responsible for the sale of your policy, we needed it to be satisfied that Click was acting as an Agent of Endeavour when selling the policy. We would then need to determine that Endeavour was acting as an Agent of Hamilton.

However, having loked at the original sales papers available, we have been unable to conclude that Hamilton can be held responsible for the sale of your policy.

I say this because Click acted as a Credit Broker when arranging the loan and Payment Protection Insurance (PPI) for you. In the terms & conditons of your Endeavour Credit Agreement, a copy of which I enclose, it specifically states that Credit Brokers used during the transaction are acting agents of the borrower and Endeavour does not accept any responsibility for any action or any advice provided by the Credit Broker.

In virew of the above, I have been unable to determine that Click was acting as an Agent of Endeavour selling the policy. As such we have been unable to conclude that there was a relationship between Click/Endeavour and Hamilton.

Because of this, I do not believe we can consider your complaint further.
I appreciate that this is likely to come as a disappointment to you. I know this is not the outcome you were hoping for. But hope my explanation has been helpful in setting out clearly why I have taken this view.

However, if you disagree with how I have reached my conclusions, please write and tell me by the 16 June 2011, setting out your reasons and including any evidence that you have not already provided, and that you think is important in this case.
Could you please let me know now if you plan to reply fully but do not think you will be able to meet that deadline.

As we explain in our leaflet your complaint and the Ombudsman, Consumers have the right to ask an Ombudsman to review the opinion that the complaint cannot be considered further. But if we do not hear from you by 16 June 2011 we will assume that you have decided not to pursue the complaint further.

Yours sincerely

Adjudicator.

[pompeyfaith]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Di,

Considering that HFC Bank was fined for misselling it is somewhat strange that this was not upheld.

What was the month and year this was taken out again? was it between January 2005 and May 2007?

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Di,

Considering that HFC Bank was fined for misselling it is somewhat strange that this was not upheld.

What was the month and year this was taken out again? was it between January 2005 and May 2007?

It was July 2004 PF, but they did not sell the loan, Click Finance the broker did and lender Endeavour, but HFC did speak to us in regards of the insurance, which we did try telling the adjudicator this but with the broker dissolved they suggested the insurer/underwriter direction, and even though the paperwork if we did ever need to make a claim would have been Hamilton (as shown on the loan policy details), HFC was the ones who underwrote this, then once that was done the we received the loan a few days on.

Its a complexed matter isn't it?

But why the adjudicator will not take HFC into consideration beats me.