HFC PPI

[cherylwozny]

Hi I'm hoping that somebody may be able to help me with 8 PPI claims with HFC. I initially wrote to them asking for records. The first account started in March 2001 and the last one finished in January 2005. The reply I got was only one account which ended in May 2001. When I wrote back they said they only had information on that one account but in any event upheld that complaint and they paid me £380 for a 7 month contract. I know that HFC demand proof of payments via bank statements etc which I dont have. I do however have a print out from experian listing EVERY single account together with the date the loans started and settled, the monthly payments and the terms the loans were over. In addition the report shows that ALL payments were up to date. I have written to HFC submitting the 8 complaints, given them a copy of the experian report. I have told them that unless they make a sensible offer of compensation that I will issue County Court Proceedings. I assume I will have to issue because the FOS cannot adjudicate on loans that old. I also told them that I found it astonishing that they could find a loan agreement on the 2nd in time loan but not the last one that finished in 2005 or indeed any of the others. My questions are:
1. Am I right in issuing proceedings;
2. What are the chances of me winning in Court - balance of probabilities and all that;
3. How do I calculate that amount of claim for the Summons - the total amount paid to them in the 8 claims was around £4,300;
4. What is a "Credit Sale Fixed Term".

Finally the address that I wrote to about complaints is

HFC Bank, Central Complaints Department, PO Box 5207, Coventry CV3 9FB there is also a telephone number [COLOR=#00AFFD !important] 0845 602 3793[/COLOR].

I would be really grateful for any help.

Thank you

[EXC]

Re: HFC PPI

Your chances of you winning PPI claims (especially that old) in court are virtually nil. Current law is simply not designed to combat PPI mis-selling. Additionally your claims sound like they would be caught by the limitations act.

Regardless of the FSA 6 & 3 year rule, FOS have (and often do excercise) discretion on older claims. I suggest you ask them on the helpline - 0800 023 4567- they're very helpful.

[Turboman]

Re: HFC PPI

I will ask Di30 to comment Exc--she and others have not been caught by Limitations Act for PPi reclaims

Your chances of you winning PPI claims (especially that old) in court are virtually nil. Current law is simply not designed to combat PPI mis-selling. Additionally your claims sound like they would be caught by the limitations act.

Regardless of the FSA 6 & 3 year rule, FOS have (and often do excercise) discretion on older claims. I suggest you ask them on the helpline - 0800 023 4567- they're very helpful.

[EXC]

Re: HFC PPI

I will ask Di30 to comment Exc--she and others have not been caught by Limitations Act for PPi reclaims

Thanks Turbo. I assume you're not talking about court claims because AFAIK nobody has successfully got round the limitations act in contested proceedings with a PPI claim, athough some have tried.

See attached.

[Turboman]

Re: HFC PPI

Agreed Exc

But I believe Di & others she knows have successfully claimed (via FOS of course) way back to 1990

QUOTE=EXC;293891]Thanks Turbo. I assume you're not talking about court claims because AFAIK nobody has successfully got round the limitations act in contested proceedings with a PPI claim, athough some have tried.

See attached.[/QUOTE]

[EXC]

Re: HFC PPI

Indeed.

[di30]

Re: HFC PPI

Hiya, cheers turbo.

Will have a read and see if there is anything I can suggest.

[di30]

Re: HFC PPI

Hi Cheryl and welcome.

So you did a full subject access request (SAR) for all the accounts under HFC?
And I take it all loans from the beginning were set up by HFC?

If you did SAR and you feel they failed in sending you any information, especially on the basis that they did provide you with some older/earlier data but nothing in the most recent years, that does sound a bit iffy!
I would write to their data debt and give them 14 days to provide you the remainder of the missing information, or you will be contacting the Information Commissioners Office (ICO) to make a complaint on this matter to them.

If you have not requested for the full SAR with the required fee of £10 cheque or postal order, it maybe a good idea to do this, this fee and sar request will cover for all accounts you taken out with the business.

If HFC were not FSA or GISC regulated at the time you taken out the loans, usually the FOS suggest the underwriter avenue.
HFC on request should provide you with a policy booklet of the insurance, you don't always receive this when you take out the loan, and nly generally request for this if you were to make a claim for eg, employment/sickness etc.
The details of the underwriter/insurer will be enclosed on the booklet, and you could try pursuing them.

The FOS suggest this avenue and if this fails, you should be able to forward this matter to the FOS to investigate, they will then check any joint liabilities they had of then the policy was sold to you. The underwriters are usually the one's to check if the policy is suited for you etc.

It may take a little time, but there does appear to be some success with some recently on going this avenue.

Hope this helps, let us know if you require further help/info.

Good luck.