Hamilton/HFC/Endeavour - Reclaim PPI

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Too right Cappo.

Just came across a statement on some info I found, now my agreement was a regulated agreement as the loan was for less than £25K, take a look at this extract here below.


Brokers

If the PPI is sold by a broker the lender bears no liability for the mis-selling unless the credit agreement is regulated. In the case of a regulated agreement Section 56 of the Consumer Credit Act will often make the lender liable for antecedent negotiations by the broker.

Always check the Broker is solvent – a lot have liquidated to avoid these claims.

A spin off of PPI litigation may arise where the lender has paid the broker a commission which has not been declared either as to existence (secret commission) or as to amount (undisclosed commission). Because a broker owes a fiduciary duty to a borrower (arising from the relationship of principal and agent) the broker should pay the commission to the borrower if the borrow did not give informed consent to the broker to receive it.
If the broker is in liquidation an action may be brought against the lender who paid the commission for procuring the broker’s breach of fiduciary duty. There is no fiduciary duty owed by the lender direct to the borrower.

http://www.johnpughschambers.co.uk/O...Litigation.htm

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I agree Cappo, this does certainly seem to be the case here.

there pains arn't they?

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

I think we're going to get a lot of this sort of thing now,the easy cases with a large turnover of cases will be sorted everything else difficult or not easy to pick up on will be shunted off to the ombudsman,not good!

I agree Cappo, this does certainly seem to be the case here.

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Aww bless you Cappo, thank you. XX:tinysmile_kiss_t4:

Yes your so right, or maybe they don't want to deal with it and turning a blind eye, seems like since they have had even more complaints to deal with since the JR issue they are trying to narrow down by rejecting doesn't it?
Wish you and some others on here were my adjudicator lol x

I think we're going to get a lot of this sort of thing now,the easy cases with a large turnover of cases will be sorted everything else difficult or not easy to pick up on will be shunted off to the ombudsman,not good!

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

No Di i knew it was you and i guessed it was your mum,i did'nt want to say so though in case it wasnt her,looks like a lovely lady, getting back to what your saying about the adjudicator here though, i don't think the adjudicator has fully understood the issues,nor do i but i'm not an adjudicator lol,keep going my woman,i've got a good feeling Di, your going to get there in the end girl.

Aww bless you Cappo, thank you. XX:tinysmile_kiss_t4:

Yes your so right, or maybe they don't want to deal with it and turning a blind eye, seems like since they have had even more complaints to deal with since the JR issue they are trying to narrow down by rejecting doesn't it?
Wish you and some others on here were my adjudicator lol x

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Cheers Cappo, I had a photo taken with my lovely mum yesterday x

Do i look any different to my other old photo avatar lol?

No Di i knew it was you and i guessed it was your mum,i did'nt want to say so though in case it wasnt her,looks like a lovely lady, getting back to what your saying about the adjudicator here though, i don't think the adjudicator has fully understood the issues,nor do i but i'm not an adjudicator lol,keep going my woman,i've got a good feeling Di, your going to get there in the end girl.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

new avatar Di who's this piccie on here.

Cheers Cappo, I had a photo taken with my lovely mum yesterday x

Do i look any different to my other old photo avatar lol?

[cappo]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Cheers TDS.
So could I still contact the assessor whilst waiting to be passed on to the ombudsman though for review?
Shall check the link now, thank you.

new avatar Di who's this piccie on here.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

no. ombudsman first and that's the last tier for the actual complaint. the assessor looks at whether your complaint was properly managed but won't re-open your case.

I thought just as much, but thanks TDS, maybe it will come to this lol, cheers x

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Cheers TDS.
So could I still contact the assessor whilst waiting to be passed on to the ombudsman though for review?
Shall check the link now, thank you.

no. ombudsman first and that's the last tier for the actual complaint. the assessor looks at whether your complaint was properly managed but won't re-open your case.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

ultimately di there's the independent assessor http://www.financial-ombudsman.org.u..._reference.htm
now, there is no redress for the decision going against one by the assessor BUT if enough of us complain to her there may be an exceutive decision taken by the FOS to do something about this

Cheers TDS.
So could I still contact the assessor whilst waiting to be passed on to the ombudsman though for review?
Shall check the link now, thank you.

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Yes he is, I must agree, he is fab.

Do you think if this fails, this matter of the paperwork issues is open the door to a new complaint?

Wrong months, things changed from broker to lender etc.

I will certainly think there is something wrong with the system if the adjudicator cannot see through this one to be honest.

ultimately di there's the independent assessor http://www.financial-ombudsman.org.u..._reference.htm
now, there is no redress for the decision going against one by the assessor BUT if enough of us complain to her there may be an exceutive decision taken by the FOS to do something about this

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Yes he is, I must agree, he is fab.

Do you think if this fails, this matter of the paperwork issues is open the door to a new complaint?

Wrong months, things changed from broker to lender etc.

I will certainly think there is something wrong with the system if the adjudicator cannot see through this one to be honest.

Re: Hamilton/HFC/Endeavour - Reclaim PPI

Paul's on a roll. Good posts m8.

[di30]

Re: Hamilton/HFC/Endeavour - Reclaim PPI

It is very dodgy that it was changed whoever did it. They probably ectended the term so that the difference in payments was less noticable once they had added the ppi.

It is possible that click may have changed it before sending to the lender for payout but in the absence of further info I think this is a good bet, hopefully the adjudicator will put this to EPF/HFC and they will have insufficient proof to refute.

Exactly Paul.
As far as I know its only now the Adjudicator have started making queries to HFC, as you know before that it was Hamilton and so.....
HFC would surely have to prove they have something in black and white to show that Click actually sold the insurance.
Ok the Adjudicator mentioned about evidence of the commission paid to the broker, this could have been for the loan, or as even known secret commissions??

I actually have a few copies of the same application form, so nothing different on any of them, these were from a SAR request and another HFC/EPF sent in the post a few days ago with a letter with no mention of HFC's involvment.
This is why I have again over the last few days wrote to HFC again.

Thanks for your input Paul, I am really grateful for this.
(I shall be back later on after 6:30) to go through it all again, cheers so much.