Hamilton

[di30]

Re: Hamilton

Today should be the day of the opinion I have butterflies now, but I already have an idea of the outcome.....

Will post up when I receive the Adjudicator's opinion, that's if he does keep to the time he said he was going to send it lol.

[di30]

Re: Hamilton

It's been confirmed by email this afternoon that the Adjudicator will be sending his opinion by email and a copy of it in the post by tomorrow afternoon, so hopefully his email will be delivered to me by then as well, fingers crossed, although not holding much hope, so then it will be off to the ombudsman if this is the case.

Dear Mr & Mrs

Thank you for your email.

I can confirm that as before the view will be sent to you by post and by email. As expressed I intend to do that tomorrow afternoon.

Yours sincerely

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

[di30]

Re: Hamilton

I emailed my Adjudicator this afternoon, just to make sure on what happens from here, as I assumed going by his last emails and letter on his decision this would be now passed on to the ombudsman.

So he states he will be reviewing the docs supplied by us and HFC, in otherwords Endeavour, he will be sending out his opinion on Thursday (I have asked him to email me with it for a quicker method, and because our post takes forever to reach us where we live), if we agree with his opinion the matter will close, if not then it will be moved on to the ombudsman.

Email received here.....

Dear Mr & Mrs

I will be conducting a review of the documents you have sent to me and the information provided to me by HFC. I aim to send an opinion out to you on Thursday afternoon. If you agree with my view then the case will close. However if you disagree you case will be referred to an ombudsman for a final decision to be issued.

Yours sincerely

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

[di30]

Re: Hamilton

Have a read of the email from my adjudicator below, what on earth is he playing at?
Cheeky so so!!!
Talk about they supposed to be impartial, yeah yeah right, but in regards of his email below I got back to him and put him straight and said basically does it matter, you have the evidence now that we did not have at the beginning that we recently found and it still comes down to the underwriter at the end of the day, but at least now we have the evidence, my feeling is that he cannot be bothered.




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

Go get them!

Thank you Hector.

[Hector]

Re: Hamilton

Go get them!

[di30]

Re: Hamilton

I emailed the letter to my Adjudicator last night, all other docs required for the case are on the way to him in the post, via signed for delivery, he emailed this morning to confirm receipt of the letter and that he will be reviewing it by the time the deadline have passed, as he will have to wait for the other paperwork to arrive as well.

Bet he have had a read though, its a fab letter, I must admit.

[di30]

Re: Hamilton

Been very busy with a four page A4 letter to the FOS/Adjudicator, with help from "The Big Dog" over at LB.

My back's in half though , and been sorting out all the relevant paperwork of the broker, or should I say Mortgage loan packager.

[di30]

Re: Hamilton

Attitude!!!!

As he confirmed he will not be looking into the merits of our case, I asked him he could let us know if this will be the case of going back to Hamilton, but he will not say, yet if a bank or business had asked him a similar question they would get a firm answer, thought they supposed to be impartial, and I bet he never received written information from the other side either, all verbal where I had to provide the info which is the right thing to do.

And going back to my post in the above post, he said about not checking the merits but checking if Click did sold the loan, he flipping knows that already, because he has copies of the application form!! Honestly!

Anyway, email below in regard of my first paragraph above.

Dear

I cannot comment on what I will be doing with the information until I have received it and reviewed it. Therefore as expressed in my previous email. Please send all the info you have by 19 July 2011.

Yours sincerely
Ma
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9SR E: mat

[di30]

Re: Hamilton

Chased the Adjudicator up, as we felt we need to get on with this matter for as soon as possible, postie been and gone and nothing in the post from him today, so asked him if a letter had been sent yet and said we do have more info to send if necessary.
So basically he more or less said he agrees with HFC and with not being under jurisdiction anyway, but said to forward more info in light of what we told him, so any help with this will be fab, thank you.
Do you think I should go for the timescale he have given until 19th July or just get on and send all the info soon.
Think I need to explain the issues of this case as well.

Dear

It is pointless for me to write a opinion on this case for you to then again give me more documentation that I have to review and possibly do another opinion. It is important to say at this stage that following discussions with the HFC, I am still satisfied as before that they are not responsible for the sale of your policy and that it was sold by Click Finance. My view was going to detail exactly what was said to me by HFC and inform you that I am of the opinion your case is not within the jurisdiction of this service.

However as expressed above it is not reasonable to send this letter to you without receiving all your information. Therefore can you send me any new evidence you have including the below. As I need all the information to fairly adjudicate this case. If you want some more time to conduct your own investigation that is fine, please let me know, as I do not want to review the below and be in the position to write an opinion and then you come back with more evidence.

If you are sending the below evidence to me shortly then please indicate if this is all you wish for me to look out or if you want more time to conduct further investigations and I will allow till 19 July 2011 for you to send everything to me.

Yours sincerely
Ma
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9SR T: E:





I agreed to more time offered as well, and he just emailed back again to say he will not be looking at the merits of the case, so then it will obviously be moved on to the ombudsman.

Dear

I can confirm that you can have till 19 July to complete your investigations. To confirm I will not be looking into the merits of the case, just whether Click Finance sold the policy to you or not.

Please inform me also by 19 July if you need further time, as once I have received your info I will be doing a view as quickly as possible following the 19 July this this case can be progressed effectively.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E1
E:

[di30]

Re: Hamilton

Hoping the letter will arrive this week lol.

I did email the Adjudicator yesterday to request they email the letter as they did last time, its a lot quicker, post where I live is not the best.

[di30]

Re: Hamilton

Complicated. Why can't the present creditor be held liable for the PPI anyway, as they purchased the account with all rights and responsibilities?

Yes exactly Hector.
They certainly giving me the runaround, shame the FOS can't see through this, will see what that letter brings this coming week if it arrives.

[Hector]

Re: Hamilton

Complicated. Why can't the present creditor be held liable for the PPI anyway, as they purchased the account with all rights and responsibilities?

[di30]

Re: Hamilton

Am expecting a letter from the Adjudicator over the coming week, well I have heard that one before where he says "a letter will be sent early next week" yet a few weeks on I have pestered asking where the letters are.
I am expecting a letter that they have not enough evidence to make HFC responsible, so even though they were involved somewhere into the process of the loan, it will be I feel a rejection.

But it looks like its going to swing back round to Hamilton yet again lol.
Over at LB, I have had some fab advice and it seems the reason why the Adjudicator is not able to establish a relationship from Click/Endeavour to Hamilton is because Endeavour used a Mortgage Packager to do all the work, so in this case even though Click are classed as Brokers, themselves and Endeavour have failed to confirm they are Mortgage Packagers/brokers where they are paid to do all the work, collect reference from the employer, the mortgage valuation and so on, this is something a broker would not do!

So where there is a clause in the t&c's that Endeavour will not take any responsibility as we used a broker of our own free will, there is no broker, so its back to them to provide the evidence of Hamilton.

Long and winded but am determined to get there.

[di30]

Re: Hamilton

We have been informed that the Adjudicator have already been in touch with HFC in regards of why there is no PPI on the Broker loan application and questioning on the lender loan agreement, so HFC have until 30th of this month to respond to that matter or he will do some chasing.

Dear

I apologise for the delay in responding to you. Once I have received a response from HFC, I will respond to you accordingly in full. I gave HFC till the 30 June to respond to the request I sent to them regarding your case, so I will chase them if nothing is received by close of business on that date.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay