Hamilton/HFC/Endeavour - Reclaim PPI

[The_Big_Dog]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Hi Di,

Just to let you know that your letter's in your inbox. Have a good read through it all - if there's anything you're not sure of - please drop me a line back. If you're happy with it - send it to our friendly adjudicator and see what he's got to say (I don't think he'll say much because I think it's pretty watertight).

Go get em tiger!

Regards,

TBD.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Hi Di,

Just to let you know that your letter's in your inbox. Have a good read through it all - if there's anything you're not sure of - please drop me a line back. If you're happy with it - send it to our friendly adjudicator and see what he's got to say (I don't think he'll say much because I think it's pretty watertight).

Go get em tiger!

Regards,

TBD.

LOL, fantastic!

Thank you so much TBD, myself and hubby appreciates this big time, I have read it and its fab and covers all points of the sale, of all involved.

The only question I do have is, the fact that Hamilton was bought from Aviva and Direct Group also have involvement with Aviva for claims, will that affect the case when it also comes to the FOS as well?

Am going to get on with the letter now, cheers so much.

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

good work guys. Just what these forums are all about.

[The_Big_Dog]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

LOL, fantastic!

Thank you so much TBD, myself and hubby appreciates this big time, I have read it and its fab and covers all points of the sale, of all involved.

The only question I do have is, the fact that Hamilton was bought from Aviva and Direct Group also have involvement with Aviva for claims, will that affect the case when it also comes to the FOS as well?

Am going to get on with the letter now, cheers so much.

Hi Di,

It's totally irrespective, because when Direct Group/Aviva bought Hamilton, not only did they buy the business, they also purchased the liabilities for it as well - so it's completely irrespective who now owns it - the bottom line is that there was a Principal & Agent relationship between the insurer and the selling agent of the policy.

TBD.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Hi Di,

It's totally irrespective, because when Direct Group/Aviva bought Hamilton, not only did they buy the business, they also purchased the liabilities for it as well - so it's completely irrespective who now owns it - the bottom line is that there was a Principal & Agent relationship between the insurer and the selling agent of the policy.

TBD.

Brilliant, thanks TBD

Well letter sorted all thanks to you.
All going off in the post, via signed for delivery.

I am to also email all the docs to him as well, so he has the details both ways, shall keep you posted.
Your a diamond, thank you.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Well I have started to email, for start with the letter (all thanks to TBD)

One in the post with all the documents they require as well.

Email received here.....

Dear Mr & Mrs

Your attached letter has been duly noted. Once I have received your documents and the 19 July 2011 has passed, I will review in full

Yours sincerely

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

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Wonder what my Adjudicator is thinking? he's bound to have read it by now. LOL.
All the other docs are on the way to him.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Been doing some researching on Hamilton,


5. Complaints
If you wish to register a complaint, please write to Hamilton Insurance at PO Box 4718, Birmingham B1 3RF, or call us on 0845 603 5341.
If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.

6. Financial Services Compensation Scheme (FSCS)
Hamilton Life and Hamilton Insurance are covered by the FSCS. You may be entitled to compensation from the scheme if the insurance providers cannot meet their obligations. This level of compensation depends on the type of business and circumstances of the claim.
Insurance advising and arranging is covered for 100% of the first £2,000 and 90% of the remainder of the claim, without any upper limit.

7. Ownership
John Lewis Financial Services Limited is a member of the HSBC Group, the ultimate parent company of which is HSBC Holdings plc. HSBC Holdings plc beneficially holds 100% of both the shares and voting power of HFC Bank Limited. The following insurance companies are also wholly owned members of the HSBC Group: HSBC Insurance (Ireland) Limited, HSBC Insurance (UK) Limited, HSBC Life (UK) Limited, London & Leith Insurance Company Limited, Marks & Spencer Life Assurance Limited.
Hamilton Insurance is a trading name of Hamilton Insurance Company Limited (Registered in England No. 1655888). Registered Office: 8 Surrey Street, Norwich NR1 3NG. Authorised and regulated by the Financial Services Authority. A member of the Aviva Group.

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Been doing some researching on Hamilton,


5. Complaints
If you wish to register a complaint, please write to Hamilton Insurance at PO Box 4718, Birmingham B1 3RF, or call us on 0845 603 5341.
If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.

6. Financial Services Compensation Scheme (FSCS)
Hamilton Life and Hamilton Insurance are covered by the FSCS. You may be entitled to compensation from the scheme if the insurance providers cannot meet their obligations. This level of compensation depends on the type of business and circumstances of the claim.
Insurance advising and arranging is covered for 100% of the first £2,000 and 90% of the remainder of the claim, without any upper limit.

7. Ownership
John Lewis Financial Services Limited is a member of the HSBC Group, the ultimate parent company of which is HSBC Holdings plc. HSBC Holdings plc beneficially holds 100% of both the shares and voting power of HFC Bank Limited. The following insurance companies are also wholly owned members of the HSBC Group: HSBC Insurance (Ireland) Limited, HSBC Insurance (UK) Limited, HSBC Life (UK) Limited, London & Leith Insurance Company Limited, Marks & Spencer Life Assurance Limited.
Hamilton Insurance is a trading name of Hamilton Insurance Company Limited (Registered in England No. 1655888). Registered Office: 8 Surrey Street, Norwich NR1 3NG. Authorised and regulated by the Financial Services Authority. A member of the Aviva Group.

I feel you and the big dog are getting a good feel for whats going on here with this,the fos can't ignore you now,good luck Di

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I feel you and the big dog are getting a good feel for whats going on here with this,the fos can't ignore you now,good luck Di

Thank you Cappo

Well its evidence the FOS wants and now they have it LOL.
Shame I didn't come across this paperwork before either, but it all seems to make sense now that this take it back to Hamiton.
Cheers x

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

This adjudicator is doing my head in, he twists things!!!



Of course he tried to say we contradicted, have a read below, he is twisting things, the whole point here if the underwriter and finding the involvment!!!!
I really don't think he can be bothered to be honest!




Mr & Mrs

Your post has been received this afternoon and I have had a quick read through. Before I go deeper and prepare to issue a view can you answer the following two questions.

1. Is this all the evidence you are going to provide to me or shall I wait to the 19 July deadline before beginning my review?

2. Am I right, following receipt of your evidence, that you believe that Click Finance did sell you the PPI and did so on instruction of EPF as a mortgage packer (those proving in your opinion an agency relationship). The reason I ask this is because it contradicts your previous testimony that Click Finance had no involvement in the sale of PPI and it was sold in a telephone conversation you had with HFC.

I thank you in advance for your response.

Yours sincerely

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

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I told him, and reminded him that we had recently found the paperwork (Click that we did not have on hand until we found it) which was why we stopped him in his tracks of him sending the letter out via HFC's decision, and re-sent him the email so he could see it again.

[Paul210]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

hi di, not been on your thread for a while so please forgive me if I've missed few steps, however I think you need to get a response in to the adjudicator regarding his email of this afternoon.

He seems to be trying to tie two separate arguments together in order to claim your contradicting yourself.

As I understand it there are 2 separate points here:

1. It likely given the changes to the credit agreement that EPF added the ppi after your original quote from Click which didnt include it and ran over a different term, in the event EPF did this then you beleive them to be liable.

2. Even if the adjudicator finds that click sold the insurance after the original quote as they packaged for EPF and therefore click are liable then you want to rely on the agency argument as detailed by TBD.

eitherway, whether he decided it clicks problem or EPF's problem your claiming agency agreements and as a result ultimately want to make hamilton liable for refunding you.

All your doing is saying if its 1 then fine, hamilton under agency, if its 2 then also fine, still hamilton under agency but just with another middleman to track through, either way your not contradicting yourself, just covering all possibilities as there is some confusion as a result of contradicting credit agreements aurrounding at whhat stage ppi was added and by whom.

You need to be careful that he doesnt try to paint your eveidence as contradictory and use this as an excuse to uphold on grounds of EPF by stating your version of events is inconsistant and therefore unreliable.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

hi di, not been on your thread for a while so please forgive me if I've missed few steps, however I think you need to get a response in to the adjudicator regarding his email of this afternoon.

He seems to be trying to tie two separate arguments together in order to claim your contradicting yourself.

As I understand it there are 2 separate points here:

1. It likely given the changes to the credit agreement that EPF added the ppi after your original quote from Click which didnt include it and ran over a different term, in the event EPF did this then you beleive them to be liable.

2. Even if the adjudicator finds that click sold the insurance after the original quote as they packaged for EPF and therefore click are liable then you want to rely on the agency argument as detailed by TBD.

eitherway, whether he decided it clicks problem or EPF's problem your claiming agency agreements and as a result ultimately want to make hamilton liable for refunding you.

All your doing is saying if its 1 then fine, hamilton under agency, if its 2 then also fine, still hamilton under agency but just with another middleman to track through, either way your not contradicting yourself, just covering all possibilities as there is some confusion as a result of contradicting credit agreements aurrounding at whhat stage ppi was added and by whom.

You need to be careful that he doesnt try to paint your eveidence as contradictory and use this as an excuse to uphold on grounds of EPF by stating your version of events is inconsistant and therefore unreliable.

Thank you Paul and no worries.

I am happy to have as much advice as possible.

Good points made though, and that did also occur to me that he may try painting my evidence as a contradiction.

When I emailed him back about this matter and stated that we did previously assume HFC were involved as during the loan process but reminded him we did not know of their definate involvement on what role they taken on, I also reminded him that before he was meant to send out his decision via HFC, almost 2 weeks ago - that we stopped him in his tracks to confirm we had now found the paperwork via Click Finance which we did not have this to hand before, and this then was looked in further where we could then see the involvement of all 3 parties.
We told him its just as confusing for us as it it them but at the end of the day someone is responsible.

I also reminded him its the link he required as he did in the first place to link all 3 relationships of Click Finance/Endeavour/Hamilton (again where we only now came across the paperwork which is required to prove this).

I made a point to him that his colleague had suggested the Underwriter direction in the first place, which was then passed on to him to adjudicate, and due to the broker dissolving this was the action we're meant to be taking.

In my opinion though, even if its down to the underwriters, we had no actual contact with them either, so its down to the FOS to go this avenue to try to retrieve the refund.

(Sorry a bit wound up, my autistic brother got rushed in hospital as well today), so my head is all over the place.

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

This adjudicator is doing my head in, he twists things!!!

Di, I have the same problem on my marbles complaint with the FOS. He has also repeatedly phoned despite my insisting on written contact. Had a letter today which goes against me lock stock and barrell but which then offers me £150 to settle. Hmmm....I wonder if the adjudicators are under the cosh at the moment to settle disputes asap? there is a marked difference imo between now and this time last year..................