Re: Hamilton/HFC/Endeavour - Reclaim PPI
Despite sending in as much evidence as possible to the Adjudicator, I really don't understand him at all, where he states in his letter dated 22 July 2011 -
"I therefore can only base my conclusion on the documents I have on file, of which none provide concrete evidence to suggest Click was an Agent to Endeavour and untimately that the underwriter Hamilton Insurance would be responsible for the sale of your policy"
He states that he was unable to conclude the agency relationship existed between Click Finance, as the business sold the policy and Endeavour, as the business that lent the funds to us.
I provided him with a copy of the letter from Endeavour prior to this as well, copy below to say who is who and what done what, what does he mean then in Concrete evidence??? (I just hope the recent submission helped by TBD have made this stronger now).
Hamilton/HFC/Endeavour - Reclaim PPI
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Email received from the Adjudicator, he mentions the letter he sent on the 2 June, but nothing about the one he sent on the 22 July, strange!Originally posted by marshallka View PostDi, with my Pinnacle one they did similar and sent me a letter similar to above and then I received another "opinion" a few weeks later (via a phone call) from aother adjudicator who tried to frighten me off (and I told her so!!) by saying that in her opinion she also agreed and that it would now go before the Ombudsman. I told her to stick it now and that they all stick together (just me sounding off as usual and probably not a good move either) and she said she was only saying she agreed with the first one and that it would now be some time before the Ombudsman could view. I did not know another adjudicator would look at it TBH so just to be warned. As you know I gave up on this one (no strength left to fight ) but I know that you have everyones backing on this DI and lets see you win!!!
Now the point here is this should be going under the underwriter Hamilton and again he mentions Click, Ok we know all parties must be taken into account and already know as this was rejected a few years back because Click were not under jurisdiction, so why he is going back on old ground, I'm sure he's trying to confuse!
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Oops, don't know what happened to my post above lol,
Thanks for you're feedback Marshallka, yeah you had a real tough time didn't you?
It would not at all surprise me if it will be the same case for me, no matter what submissions we provide.
I was so annoyed when with the bother you had on your's and with as much evidence/info you provided it seemed they turned a blind eye and ignored it all.
I have had great support from you all, if it wasn't for you though I think I would have given up hope on this ages ago.
So will keep it going for now and keep everything crossed.
I have also just been browsing on google search at other companies loan introducers agreements.
One of them here:
http://www.vloansltd.com/pdf/agency-agreement.pdf
And here:
http://www.colonialfinance.co.uk/Int..._Agreement.pdf
Xxx
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Di, with my Pinnacle one they did similar and sent me a letter similar to above and then I received another "opinion" a few weeks later (via a phone call) from aother adjudicator who tried to frighten me off (and I told her so!!) by saying that in her opinion she also agreed and that it would now go before the Ombudsman. I told her to stick it now and that they all stick together (just me sounding off as usual and probably not a good move either) and she said she was only saying she agreed with the first one and that it would now be some time before the Ombudsman could view. I did not know another adjudicator would look at it TBH so just to be warned. As you know I gave up on this one (no strength left to fight ) but I know that you have everyones backing on this DI and lets see you win!!!Originally posted by di30 View PostEmail received from the Adjudicator.
Now the point here is this should be going under the underwriter Hamilton and again he mentions Click, Ok we know all parties must be taken into account and already know as this was rejected a few years back because Click were not under jurisdiction, so why he is going back on old ground, I'm sure he's trying to confuse!
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Email received from the Adjudicator.
Now the point here is this should be going under the underwriter Hamilton and again he mentions Click, Ok we know all parties must be taken into account and already know as this was rejected a few years back because Click were not under jurisdiction, so why he is going back on old ground, I'm sure he's trying to confuse!Last edited by di30; 8th August 2011, 13:01:PM.
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Thank you TBD, all sent, and hopefully they will see through this now, appreciate so muchly, cheers x
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
LOL tell me about it
.
Hopefully you will not get the same problems, fingers crossed.
Afterall it's the FOS suggestion of going this avenue.
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Bloomin' heck di, I thought my case was convoluted and complicated until I read your case... I've a long way to go it seems.
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Submissions will be on the way to the FOS for the Ombudsman now by or before Friday, the deadline, wish me luck folks, and TBD, cheers for all the help/info on this too and everyone else.
Any info you forward me TBD I look forward to receiving, a Big Thanks.
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Found some details of the Relationships between a mortgage lender/broker and underwriter, not sure if it's any use to submit to the FOS though??
http://www.ehow.com/print/info_82438...derwriter.html
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Does anyone know if the FSA, OFT or maybe the Competition Commissioner will hold details of Mortgage Packaging Agencies?
I have emailed them all lol, but not sure if they will have any answers to this, I have explained the predicament with the FOS as well that the Adjudicator does not seem to understand as such, and told them any info will be a help towards the case being moved on to the Ombudsman.
So will see what happens.
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Have anyone heard from TBD?
Just wondered if he managed to get hold of some info on this up to now.
I know he's a busy guy though.
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Wonder if TBD will manage to get hold of the documents - EPF Packaging Agreement? lol.
I'm sure that would be very useful to this case, fingers crossed.
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
With a bit of luck, TBD will get hold of those details if he is able to, but failing that have you folks any idea of anything I can submit to the ombudsman?
I have not yet made direct contact with any of the insurers - basically I was hoping they would able to confirm the relationship, but as Hamilton was sold to NU (Aviva) then onto Direct Group its unlikely they will know as some years have gone by since this was taken out in 2004.
I do know though that Direct Group was not at all aware of Click Finance but are/was of EPF.
I did though already confirm this and by a copy of their email that I did previously send on to the Adjudicator.
The Adjudicator does not understand this case at all does he?
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Originally posted by Paul210 View PostNot sure how this would work, Hamilton presumably would argue that their intermediary was EPF (presumably they were subscibers to GISC) and that any business between click and EPF was EPF's problem, not Hamiltons.
Yes good point Paul, then it will be back to the beginning again.
Received an email from another Adjudicator in our Adjudicator's absence - in regards of my email to let them know that we do not agree, and will hopefully send further submissions to support this case if we're able to.
Dear Mr and Mrs
,
I confirm safe receipt of your e-mail, dated 24 July 2011. I note that, in addition to your e-mail, you intend to provide further submissions before your file is passed to an ombudsman for a final decision. I understand that Mr ******* asked for your final submissions to arrive by 5 August 2011. If you will be unable to provide your final submissions by this date, and require more time, please contact Mr ******* after he returns to the office on 1 August 2011.
Yours sincerely
K
Adjudicator
Tel: 020 7964
Fax: 020 7964
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Re: Hamilton/HFC/Endeavour - Reclaim PPI
Not sure how this would work, Hamilton presumably would argue that their intermediary was EPF (presumably they were subscibers to GISC) and that any business between click and EPF was EPF's problem, not Hamiltons.Originally posted by di30 View PostI did some time ago post about this over at MSE where a comment was made as below, it maybe another way to get my refund back but not sure how this works, as he said they won't make Hamilton responsible.
"Any attempt to demonstrate that Hamilton is directly responsible for Click will fail because it wasn't.
However, as I have said previously, you can make a separate complaint against Hamilton that your loss resulted from its breach of the requirement in the GISC code that it must not accept business from an intermediary that did not itself subscribe to the code. The breach should be demonstrable and if you can persuade FOS that, but for the breach, the loss would not have occurred, it should then uphold that complaint."
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