Hamilton

[di30]

Re: Hamilton

Came across a separate HFC Bank Limited "Customer Service Speaks with Form" logo HFC"

Both me and hubby had a separate on each.

It shows the name on the form who completed it.
The date of loan.
My personal details, name address, date of birth.
Questions of anyone else over the age of 17 in our household.

It asks which broker or sub broker did we apply through (Click Finance).

If we received a FISA Borrower information guide.

Did the broker visit us at home.

Asked about any fees.

If the loan in joint names.

If joint asking if the cheque will be made in joint names.

Asking if we signed a declaration stating a single name.

Who's names specified.

What type of mortgage we have.

Do we have an endowment policy.

Do we pay childminding fees.

The details of the credit.

At the bottom of the speaks form it states.

Do you have a pen? please taken the following telephone number. This is Customer Services. Once your loan is completed, if we can help you in the future in any way or with additional funds please give us a call.

NOTE:
Do not ask the customer direct questions regarding CAIS information returned from the bureau, if not disclosed by the customer.

(all the above was questions they asked us on the phone before the loan was paid out), so to me these are the underwriters do you think?

[di30]

Re: Hamilton

Dear Mr & Mrs


Your complaint about Click Financial trading as (Click Finance)/Hamilton Insurance.

I refer to previous correspondence regarding the above complaint.

The Financial Ombudsman Service (FOS) is not free to consider every complaint referred to it. I am sorry to tell you that this complaint does not appear to be one that we can consider.

The complaint concerns the sale of Payment Protection Insurance (PPI) Policy which was sold to you by Click Finance Ltd (Click) in July 2004, to run alongside a loan with Endeavour Personal Finance.

We have been unable to investigate your complaint against Click because the sale of the PPI by intermediaries, such as Click have only been regulated since January 2005.

Your complaint against Click is not within jurisdiction of this service.

I advised you that we were investigating the possibility of raising your concerns with the Insurance company who actually provided the cover under this policy (The Underwriter). We have established that the Underwriter of your policy is Hamilton Insurance Company Limited.

In order to conclude that Hamilton is responsible for the sale of your policy, we needed it to be satisfied that Click was acting as an Agent of Endeavour when selling the policy. We would then need to determine that Endeavour was acting as an Agent of Hamilton.

However, having loked at the original sales papers available, we have been unable to conclude that Hamilton can be held responsible for the sale of your policy.

I say this because Click acted as a Credit Broker when arranging the loan and Payment Protection Insurance (PPI) for you. In the terms & conditons of your Endeavour Credit Agreement, a copy of which I enclose, it specifically states that Credit Brokers used during the transaction are acting agents of the borrower and Endeavour does not accept any responsibility for any action or any advice provided by the Credit Broker.

In virew of the above, I have been unable to determine that Click was acting as an Agent of Endeavour selling the policy. As such we have been unable to conclude that there was a relationship between Click/Endeavour and Hamilton.

Because of this, I do not believe we can consider your complaint further.
I appreciate that this is likely to come as a disappointment to you. I know this is not the outcome you were hoping for. But hope my explanation has been helpful in setting out clearly why I have taken this view.

However, if you disagree with how I have reached my conclusions, please write and tell me by the 16 June 2011, setting out your reasons and including any evidence that you have not already provided, and that you think is important in this case.
Could you please let me know now if you plan to reply fully but do not think you will be able to meet that deadline.

As we explain in our leaflet your complaint and the Ombudsman, Consumers have the right to ask an Ombudsman to review the opinion that the complaint cannot be considered further. But if we do not hear from you by 16 June 2011 we will assume that you have decided not to pursue the complaint further.

Yours sincerely

Adjudicator.

[di30]

Re: Hamilton

Right I have been going through this again and again and again.

Now I told the adjudicator sometime ago that we believe due to the broker of the loan dissolved (Click Finance) that we think HFC should be the ones to pursue and not the actual Insurer as such.

The FOS had suggested this direction, because the lender of the loan Endeavour had no responsibility of the sale of the loan at all, but what myself and my hubby can remember is when the broker set up the loan with Endeavour, when it was agreed in principal, they said we would be receiving phone calls, these were security calls where they would have to speak to me and hubby separately.

Now we know for a fact this was HFC, and I also have a Copy of the Customer Speaks form on each my and hubby, the logo is that of HFC, and they went through the loan and insurance details, and it had to be finally agreed with them before the loan was paid out.

We tried and tried telling the adjudicator but to no avail, they insisted it had to be Hamilton.

In our case.

Broker who set up the loan - Click Finance (Dissolved in 2006) were not regulated by the FSA until Jan 2005, we taken out loan 2004.

Lender - Endeavour personal finance

Insurer as on policy details - Hamilton Insurance Limited

But in our case the underwriters were those of HFC, I even have the name of the lady who dealt with it on the form.

Not leaving there that's for sure, and if it can be dealt with via HFC, they were regulated in 2001.

Below thread I will post the letter received by the adjudicator today, no mention of HFC on it though.

[di30]

Re: Hamilton

After waiting almost 2 years, the news is not good, so I will be moving it on to the ombudsman if i am able to dig out more info.

The copy of the letter was emailed to me this afternoon, and the adjudicator is unable to establish the link/connection to the insurer from the broker (Click Finance) as the broker dissolved in 2006 this also makes it difficult.

So they have given us until the 16th of this month if we want to forward more info, and to have it reviewed by the ombudsman (ok another 2 years I will be waiting I expect but still we waited this long up to now).

[di30]

Re: Hamilton

Thank you X

[lookingforward]

Re: Hamilton

Received an email from the Adjudicator. He is still dealing with our case, but says he will be finished by the end of the day, and will send his view after the bank holiday, getting nervy on this now, its been with them 2 or more years, and with it being a VIEW I am having my doubts.
I have emailed him back and asked if he is able to send by email as the free and quickest method, the other Adjudicators have done this in the past from what I remember, will see if he gets back.

Dear Mr & Mrs *****

Just to update you. I'm still in the process of reviewing your file, there is quite a lot of material contained within it. However I will be finished by the end of today and I will send the view to you in the middle of next week following the bank holiday weekend.

If you have any queries please do not hesitate to contact me.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9SR T: 020 796 40668 |
E:

Fingers crossed

[di30]

Re: Hamilton

Received an email from the Adjudicator. He is still dealing with our case, but says he will be finished by the end of the day, and will send his view after the bank holiday, getting nervy on this now, its been with them 2 or more years, and with it being a VIEW I am having my doubts.
I have emailed him back and asked if he is able to send by email as the free and quickest method, the other Adjudicators have done this in the past from what I remember, will see if he gets back.

Dear Mr & Mrs *****

Just to update you. I'm still in the process of reviewing your file, there is quite a lot of material contained within it. However I will be finished by the end of today and I will send the view to you in the middle of next week following the bank holiday weekend.

If you have any queries please do not hesitate to contact me.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9SR T: 020 796 40668 |
E:

[di30]

Re: Hamilton

I emailed the adjudicator last Friday just to make sure if we are due for an update, and he emailed back this morning to confirm either late this week or early next week, not sure if its good or not though, by his comment (If you have any queries on receipt do not hesitate to contact him) it makes me think.........

Dear

Thank you for your email.

The next update is due to be sent out to you late this week or early next week.

If you have any queries on receipt of this update, please do not hesitate to contact me.

Yours sincerely

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

[di30]

Re: Hamilton

Next update due at the end of this month.

Just hope all is worthwhile, because it will be 2 years this coming Sept/Oct since its been with the FOS....... and they are still basically on the first stages!

[di30]

Re: Hamilton

I sent some emails to the FSA since 4th March and sent them reminder emails, because of not hearing anything back, normally you hear something by 12 days, but their website does say it may take longer if more complexed etc.

This is in regards of my case with the FOS, my feeling is they should be dealing with HFC who were the ones who we spoke to when the loan went ahead, but the FOS seems adamant that it should still be the underwriter, so now awaiting for a response from the FSA about this matter and see what they say, but for now here is the copy of the email.

Our Ref:


In order that we can deal with this matter as quickly as possible please do not delete the Subject line of this email when you reply. You can add further wording to it but please do not remove ***********

Dear Mrs

Thank your for your emails dated 4 March 2011 and subsequent emails dated 22 March and 12 April 2011.

I am currently dealing with your enquiry. Unfortunately this is taking slightly longer than anticipated to deal with

I appreciate that you would like a response as soon as possible to your enquiries, and will contact you again when I am able to provide this.

Thank you for your patience while I deal with this matter, and I apologise for any inconvenience that this delay may cause you.

If you have any future questions on financial services and products, you may find it easier to call our Consumer Helpline on 0845 606 1234 (call rates may vary). You can also access relevant information online at:
www.fsa.gov.uk/pages/consumerinformation

and via the Money Advice Service website:

www.moneyadviceservice.org.uk/.

I trust this is of assistance.

Yours sincerely

P (Mr) (
Customer Contact Centre
Financial Services Authority
Consumer Helpline: 0845 606 1234 (call rates may vary)

[di30]

Re: Hamilton

The usual standard update received from the FOS today. (This have been going on for 2 years now at least).


Dear Mr & Mrs *****


YOUR COMPLAINT ABOUT HAMILTON INSURANCE COMPANY LIMITED.

I am writing with a further update on your complaint.

As you are aware we are looking into whether we can consider your complaint against the underwriter of your PPI policy/ies. This is because we are unable to consider your complaint againt the business that sold your policy/ies.

Due to the complex nature of the issues involved, there will be a delay. I am sorry.
We will provide you with a further update on your complaint by 31 May 2011.


Your sincerely

FOS

[di30]

Re: Hamilton

Chased the adjudicator up again, and the case not moved on that much really.

Email received here.

Dear Mr &Mrs E

Thank for your emails.

As explained, Endeavour Personal Finance are not responsible for your PPI policy as they did not sell the policy. They are part of the chain of companies we need to establish an agency relationship between. To resolve this issue is going to take time. I appreciate all the emails you have sent to various businesses and these emails have been added to your file. As also explained we have not yet been able to establish an agency relationship between Click Finance and Hamilton, but our investigations are ongoing. If there is any change I will update you straight away.

Yours sincerely

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

[di30]

Re: Hamilton

Dear

,
Thank you for your e-mail to the Competition Commission.

I regret the Commission is therefore unable to assist with your query. The Competition Commission (CC) is one of the independent public bodies which help ensure healthy competition between companies in the UK for the benefit of companies, customers and the economy. Our inquiries are always initiated following a concern referred to us by another authority: usually the Office of Fair Trading. We also investigate issues referred to us by the sector regulators for communications, gas and electricity, water, rail, airports, postal services, or by the Secretary of State for Business, Innovation and Skills. Click here for further details on sources of our investigations; we cannot investigate companies or markets without a referral from one of these bodies
The appropriate body for you to contact in this instance is the Consumer Financial Education Body (CFEB). The Consumer Financial Education Body is responsible for helping consumers understand financial services in the UK. You may find the CFEB at: http://www.cfebuk.org.uk/

Yours sincerely

Information & Records Officer
Competition Commission
Victoria House
Southampton Row
London WC1B 4AD

[di30]

Re: Hamilton

Seems like the Competition Commissioner can't do anything!

Will post up the copy of the email shortly, but why on earth did they say they would pass it on to the PPI inquiry dept in the first place? beats me.

[di30]

Re: Hamilton

I think both Aviva/Hamilton have been in touch with each other, going by the email from Direct group, and she says something about a note on our file with Endeavour???