Hamilton/HFC/Endeavour - Reclaim PPI

[Paul210]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Hi Di,

Just trying to catch up with developments on your thread, fianlly soemthing seems to be going your way in this fight.

If I were you I'd reply to the person who sent the confirmation that they sold the policy, advise that you are deeply disturbed about the initial misleading advice, something you are not sure was an honest oversight and are currently reviewing you options regarding a complaint to the FSA and/or legal action. State that as a gesture of goodwill you request that, given the facts of the case, they expedite and uphold your complaint for mis-sold ppi and refund in accordance with FOS guidelines, if they are willing to do that then you will consider the matter closed.

Tell them you'll give 14 days for a response and then sit tight, I suspect you may be pleasantlty surprised. In the end you've nothing to loose by trying - the old adage if you dont ask you dont get is a good one to remember when dealing with lenders.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Thank you so much Paul.

Yes after almost 3 going on 4 years this have taken and you have made a very good point here.
I was thinking about this last night and I agree, I think this actually the way forward now, and on getting back my money.
Do you think I should also request they pay for the distress and inconvenience caused too? or would I be pushing it do you think?

Thanks for that Paul, I will give them a chance and 14 days on this one and with a bit of luck they will agree.
I shall keep you posted, cheers x

[Paul210]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Do you think I should also request they pay for the distress and inconvenience caused too? or would I be pushing it do you think?

Worth a try, the worst they can do is say no!

In the end I think theyll try to argue they 8% compensatory interest could cover this. I know FOS sometimes award extra for distress and inconvenience however in my experience these are only in the most severe of cases and are usually nominal amounts, £100 or so. There was a FOS publication about these, I think leclerc put it on the main JR forum a few months ago, might be worth a read but in gerenal I wouldnt turn down a decent offer from the lender to try and claim extra for delays from FOS, think the time of doing it would outweigh the potential extra money.

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Is section 2 of the attached of any use to you?
http://fsahandbook.info/FSA/handbook/LI/2001/2001_8.pdf

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Do you think I should also request they pay for the distress and inconvenience caused too? or would I be pushing it do you think?

without any doubt at all! I have just asked for ADDITIONAL compo against Egg and the FOS have granted it! Another £200 on top of what Egg were ordered to pay earlier in the year (£100). Don't ask, don't get. I backed up the request for more compo with examples of their subsequent behaviour. I think you have more than enough to chuck at them.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI


Thank you all, you've all been so fab, its been a very long one this and I also think it may possibly come out a winner..........at last.

With all of your help, there are a list of you I would like to thank, so a Big Thanks from me and Scooby.

I know its not quite over yet, but I am feeling more positive now more than ever.

I shall as always keep you all posted, cheers all xxxxx

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

4

10 September 2011

HFC Bank PLC/Endeavour Personal Finance
Camden House West
Birmingham
B1 3PY
　

Dear **** ******/Complaints Investigator, or to who can deal with this matter.


Account Number- ********


Thank you for your letter dated 07 September 2011 in regards of our query dated 20 August 2011, of who sold the Payment Protection Insurance (PPI), where you have confirmed on reviewing this that this product was sold by Endeavour Personal Finance (EPF) and not that of the Broker Click Finance Ltd.
I attach this letter in regards of the above, and enclosed a questionnaire as requested for a reclaim of the Payment Protection Insurance (PPI).



As you may be aware in regards of the PPI, this case has been with the Financial Ombudsman Service (FOS) since 2009, and also even prior to this in order to make a reclaim on the PPI, but we were always referred back by you to the Broker Click Finance, where then you stated were responsible for the selling of the Payment Protection Insurance.


After some further investigation/research, and of the paperwork you forwarded to us in regards of the above loan, we were also provided with copies of the broker Application form.


You are aware that PPI was not added to the application form, and that it was included within the loan by Endeavour Personal Finance, you also apologised for previously incorrectly stating it was Click Finance Ltd.


We are deeply disturbed about the initial misleading advice, and something that we are not sure was an honest oversight. Therefore we have been reviewing our options regarding a complaint to the Financial Service Authority (FSA), and the consideration of taking further action.


However, given the fact of the case, if you could expedite and uphold our complaint for the Mis-selling of the Payment Protection Insurance, and refund in accordance with the FOS guidelines, if your prepared to do that and redress further for the Distress and Inconvenience this have caused over a number of years, we will be willing to consider the matter closed.

It has taken about 4 years (2007) since first approaching you to conclude that Endeavour Personal Finance were responsible for selling the PPI with our loan.


As this case is already within the FOS, if you could respond to me within 14 days of this letter and oblige to the above, we can contact the Ombudsman with immediate affect on this case to have this matter closed.


We note in your letter dated 07 September 2011, we can complain to the FOS if we are not happy with the outcome of that complaint of who was responsible, but will appreciate if you could still consider as a gesture of the above, despite you then not being regulated by the FSA/GISC when this loan was taken out, as your business owed a “Duty of Care to the Customer”.


Your terms and conditions also state that if used a Credit Broker, you are not responsible for his actions or advice, but the PPI policy was not sold by a Credit Broker, but was sold this by Endeavour Personal Finance the lender, so this then takes it back to the lender for its actions on the sale of this policy.


I enclose some copies of paperwork within the Reclaim Questionnaire, and hope to hear from you by 14 days with a gesture of the above to avoid further action on this account.
　
　
Yours sincerely

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I need to sort my grammer out lol, it was late when I done this though, thats my excuse anyway :tung:
------------------------------- merged -------------------------------
Any other thoughts on the above letter that I may have missed folks so you think?
Cheers.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

So in your opinion folks, do you think I stand a better chance of succeeding now on this one?

Still keeping an open mind though lol.

[MEGLOS]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

without any doubt amiga. keep on at them and don't give up.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Thank you.

I will give it my best shot anyway, its defo getting a stronger case now.

I have now done a better copy of the letter above, collectec copies of evidence, completed a reclaim questionnaire the same time, they will go off by recorded delivery tomorrow now, they should receive this hopefully by Wednesday.

Cheers x

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I have not heard from our adjudicator yet, maybe he doesn't know what to say, as we've done his work for him lol, and now we know who it who sold the PPI, surely its something he should have been asking them himself on investigations lol.

Well anyway, I have just emailed him and asked that he keep this open, because we understand the upheld letter is nothing to do with the reclaiming of the PPI, so just waiting for him to get back now.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Still nothing from Adjudicator, maybe by the end of the day lol, its me not being very patient! Its been some years spent on this case.
His colleague did say last week he would get back to us today, but you can't always bank on them.

I have though let HFC/Endeavour complaints dept know that a questionnaire is on its way to them and they should receive this tomorrow, I can't see any point in waiting for them to send me one where its the same one as the FOS consumer complaint questionnaire.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I know this thread is getting longer lol, but just like a diary I like to add all my updates to date.

My email from the Adjudicator received, and it looks like he will be contacting HFC tomorrow anyway in regards of the letter they sent to us.

Dear Mr and Mrs *****

Thank you for your emails over the last few days.

As you are aware I have been on annual leave and have returned to the office today.

I will review the documents that you have sent to me tomorrow and will be contacting HFC/Endeavour regarding what they have said in the letter to you.

I will email you once I have reviewed the documents fully and been able to consider a response to you

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9SR T: 020 | F: 020 |
E: @financial-ombudsman.org.uk

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

HFC/EPF received my complaint this morning, both letter and questionnaire, I have also let the Adjudicator know because he did state he will be contacting them today.

Here's hoping folks lol.