Hamilton/HFC/Endeavour - Reclaim PPI

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Email received by our Adjudicator.

Dear Mr & Mrs

I have noted the comments you have made and the contents of the letter sent to you by Endeavour.

The contents of the letter sent to you are different to what I have been advised in the past and the documentary evidence that I have on file for your case, especially regarding the issue of commission being paid to Click Finance or not.

However having contact HFC this morning they assured me that they were sticking to the submissions made to you in the letter. I was advised that Endeavour accepted responsibility for the sale of your policy and an investigation into the merits of the case will be made, I assume on receipt of the complaint letter you mention below.

As far as I am concerned Endeavour were not regulated at the time the policy was sold to you, so your complaint would be outside of our jurisdiction and subject to the same scheme as it is currently in assessing whether it is fair and reasonable to progress the complaint against the underwriter, which is Hamilton, as you know.

Yet I am minded to wait for the investigation by Endeavour into the merits of your complaint before progressing any further.

You are correct in your assumption that the deadline given to you is not relevant now, because the opinions I sent to you were based on the policy being sold by Click Finance. Therefore those opinions are now not relevant as Endeavour have subsequently accepted responsibility.

In summary, your complaint is still outside the jurisdiction of this service and I would be progressing your complaint on finding an agency relationship between Endeavour and Hamilton. However as Endeavour are conducting an investigation into the merits, I feel it is appropriate to wait until this investigation is concluded until investigating the agency relationship any further.

If you have any queries please contact me

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

Hopefully HFC/EPF will consider this despite them not being regulated when the loan was sold to us, even though I could still complain on this other issue of being given the wrong information over the last few years, as stated on their letter.

It should not be easier for them to establish the relationship between EPF to Hamilton now though surely, as these are still active.

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Di, I was wondering if it you might post up a potted history of this complaint, ie who did what and when, so as to draw together the very complicated thread that these nefarious companies have woven around you?

Might it also be worthwhile when you make that complaint to the FSA to have a summary outline like that?

Just a thought. Shoot me down in flames it its a bad 'un.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

LOL, its rather complicated lol, but will do my best because this all started in about 2008, maybe before.

Loan Lender Endeavour now called HFC taken out July 2004
Click Finance the broker - who arranged the loan but not the PPI.
HFC customer services has some involvement in regards of a phone call before the loan went through.
Hamilton Insurance are the insurers/underwriters as confirmed on the PPI policy details.

I did not know much about this PPI think back then and when this was sold to us with the loan, it was not discussed by the broker, and it was not added on the Broker Click Finance application form.

Phone call in between by HFC, these went through the checking of the loan before it was paid out, both my and hubby had to speak to these separately for security reasons, we can only recall the details of the loan £21K to be paid, but cannot recall on anything else being explained.

We received the loan agreement to sign on the 30 July 2004, it was crossed by a staff member of EPF of where we had to sign.
And with it being our very first secured loan, we just thought it was normal practice of the insurance with the loan, however we did not question it nor did they once explain about it.

My hubby had an accident in prior years to taking out the policy and has a pre existing back condition (still the same now) and still on strong prescribed meds, we do recall that he did mention something about this on the phone because the were questionning on the payslips of the sickness pay, hubby confirmed he has full sick pay from his employer and had actually just returned to work about a week or 2 prior to the loan being taken out. They of course received details of this that we have in paperwork.
But we cannot remember if it were EPF or HFC then.

Endeavour used HFC for the customer services, and now in recent years they are totally one company in one.

The total cost of the loan was not explained, it was a single policy of where I was not covered yet I still had to sign for the full responsibility of the loan including the ppi, I was then a housemaker.
So a joint loan with single cover.

It started off that we did write to EPF back in 2008 and they would not take any responsibility, and kept passing us back to the broker.
We did write to the broker anyway just to rule this out and received a letter that they were dissolved and did so in 2006.
Again we wrote to EPF and said that we feel they have liabilities and again and again they said, NO it was Click Finance and they had paid them commission in them setting up the loan and PPI.
EPF also made it clear that they were not regulated by either GISC or FSA so if we did complain to the FOS its unlikely they will not be able to Adjudicate our complaint.

We received about 6 maybe 7 letters could even be more on checking that they were not responsible and with details of Click who were responsible.

So anyway, we complained to the FOS back in 2009 who said they will take this on but under the Underwriter/insurer avenue, where first they will have to check the agent relationship.

Anyway, we received some paperwork in the process of complaining to EPF and also SAR'd.
We also did explain to the Adjudicator that it was not Click Finance, sent him the form and he supposedly had contacted HFC/EPF and still came back with the same replies.

I decided to give it another shot in August by writing to EPF/HFC, enclosed them with as much proof as possible, including the application form, which is why they came back with that response letter last week.

However, as you will now be aware by his email today, he have also admitted that since our letter of EPF accepting responsibility, he was also sent different information over the past few months in regards of the broker Click Finance and about them being paid commission.

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Great summary Di, thanks. Others will that useful too.
EPF are Endeavour I take it, and as an unregulated loan it was presumably TS who were the bods to complain to at that time. HFC are saying the transfer was without any of the obligations. I have the same problem with BOS on a credit card originally sold to me by HFC. Its hard to believe they can get away with it. I can't help but feel that some of the Yeats v the Nemo facts are helpful to you here? http://www.legalbeagles.info/forums/...ad.php?t=23524
presumably the commission was never disclosed either and EPF now HFC owed you a duty of care as they (presumably) sold it on behalf of Click? Well they must owe you that duty, because you would have noticed Click's involvement at the time otherwise. I bet there was no separate branding at all. Most unlike you not to have kept your original papers though! What a disgrace that you have been treated this way.
HFC are HSBC now aren't they?

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Great summary Di, thanks. Others will that useful too.
EPF are Endeavour I take it, and as an unregulated loan it was presumably TS who were the bods to complain to at that time. HFC are saying the transfer was without any of the obligations. I have the same problem with BOS on a credit card originally sold to me by HFC. Its hard to believe they can get away with it. I can't help but feel that some of the Yeats v the Nemo facts are helpful to you here? http://www.legalbeagles.info/forums/...ad.php?t=23524
presumably the commission was never disclosed either and EPF now HFC owed you a duty of care as they (presumably) sold it on behalf of Click? Well they must owe you that duty, because you would have noticed Click's involvement at the time otherwise. I bet there was no separate branding at all. Most unlike you not to have kept your original papers though! What a disgrace that you have been treated this way.
HFC are HSBC now aren't they?

Cheers TDS

Yes that is correct EPF are Endeavour, it was a regulated loan agreement but not regulated by the FOS.
Yes you were fobbed off the same way as well, I can recall on that, and they should never have to get away with it, its a complaint on itself!

And yes everything else you said is correct TDS, and they are also under the umbrella of the HSBC.

Funnily enough I just received an email from HFC, just checked my email box now. At least they do seem willing to look into this now, and with what they done by giving the wrong details to both me and the FOS/Adjudicator, they will think about redressing on this, despite them not being regulated, as a goodwill gesture personally I think they should consider. Fingers crossed.



Dear Mr & Mrs *****

The questionnaire has not yet been passed to our department, but we are
keeping track on the receipt of this.

I would like to advise that following a review, a previous complaint was
registered and was referred to FOS, however, we are now going to
re-investigate following our recent confirmation that the PPI was sold by
EPF and not a broker.

Your complaint has been referred to a member of the PPI team to investigate
and respond.

Kind Regards

E
Team Leader of Central Complaints | HFC UK
Camden House West, Birmingham, B1 3PY, UK
_____________________________________________

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

you should also be asking for at least £300 comp for inconvenience

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

you should also be asking for at least £300 comp for inconvenience

LOL yep I already have

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Blimey, I must say I am surprised, but just hope there will be a good result to come out of it.

Received an email to confirm they received my complaint and they are looking into it now, and hopefully to send a response out by tomorrow, fingers crossed folks. Getting all nervous now though lol.



Dear Mr & Mrs

We have received the questionnaire and this has been forwarded to our
scanning department. I con confirm we have started the investigation and we
are hoping that the response will be issued in the post to you tomorrow.


Kind Regards


Team Leader of Central Complaints | HFC UK
Camden House West, Birmingham

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

LOL, Di, do you think their scanners will cope? PMSL.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

LOL, Di, do you think their scanners will cope? PMSL.

I don't think they will lmao

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I'm sure their "scanning department" will cope!

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I suppose at least they are looking into this now, and am surprised they are at a quick pace considering they only received this yesterday, I know I did say for them to get this resolved by 14 days, so here's hoping.
Although it could still be another failure, so keeping an open mind.

[The Debt Star]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

They're probably reading this thread!

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

They're probably reading this thread!

LOL good I don't mind LOL, just as long as no names mentioned then ST*FF them PMSL, suppose I could have or should have kept most of this private, but due to the messing around for the last few years I've gone past caring, it may help others who may have had the same problems, I actually do know of someone else who used the same lender but different broker and she got in touch today, it seems she have had the same issues as me