Hamilton

[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:

[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

Thank you X

[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

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

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

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

The adjudicator is giving me extra time until 30 June to forward further info and if i want this reviewed by the ombudsman, but there's been a C***up somewhere, because received another letter but from the Team manager in the post today in regards of the same complaint.......

This letter has the same reference number XXXXXXXXX/different here though.

Dear Mr & Mrs

YOUR COMPLAINT ABOUT HAMILTON INSURANCE COMPANY LTD

I am writing to let you know that we are continuing to look into whether we can consider your complaint against the underwriter of your PPI/Policy/ies.

We are in contact with the underwriter but because of the complex issues involved, it will be some time before this matter is decided.

We will continue to keep you updated on our progress and will write to you again no later than 31 August 2011.

Thank you for your patience.

Yours sincerely

Team Manager.

[di30]

Re: Hamilton

It was confirmed by the Adjudicator that the letter was sent out automatically, where they are sent in batches, and by the time he cancelled it was too late, the letter was posted.

On another note he have agreed that we should get some notification now from HFC on their involvement with this loan.
We are given until the 30 of this month to forward the details.

[di30]

Re: Hamilton

Received a letter from HFC/Endeavour in the post today, although they did not give a complete answer to our query, so another letter is going off in the post tomorrow.

The Adjudicator has a copy of letter received, I sent it online to him today, and the letter we are sending off, he also said he will be contacting HFC to speed the process up.

[Miss Molly]

Re: Hamilton

This must be extremely frustrating for you.

[CleverClogs (RIP)]

Re: Hamilton

Well, aren't the Fobbing Off Service a smug and self-satisfied wunch of bankers?

It should be quite simple to establish a relationship between the lender and the provider of the useless PPI, as all one need do is to follow the money. How did the uninsurance company receive the "insurance" premium(s) - was it paid as a lump sum directly from the loan provider, or was it paid monthly by the loan provider from the loan repayments?

What's really needed, of course, is an ombudsperson to whom one may refer unresolved complaints about the ombudsman.

[di30]

Re: Hamilton

Yes very frustrating indeed.
Seems to be going on forever.

This was added as a lump sum to the loan, and yes the insurer did receive this as a lump sum from the lender.

[di30]

Re: Hamilton

HFC received my most recent letter today - as checked on Track & Trace via Royal Mail, the Adjudicator also states he will be contacting them this week as well and get back to us to let us know what is said, as on email received below.

Dear Mr & Mrs

Thank you for your previous few emails.

I will be contacting HFC this week. Once I have heard from them I will email to you what they have said.

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9

[di30]

Re: Hamilton

Well, the Adjudicator got back yesterday and said he contacted HFC, who verbally claims they had nothing at all to do with the insurance side of it, and then was told we would have to provide concrete evidence that Click Finance the broker had nothing at all to do with the insurance.

So what I did was go through all the SAR docs requested from the lender Endeavour/HFC some time ago, and found the Click Finance application form.

The application just shows both mine and hubby's details, address and old address, date of birth, amount of loan required, which was £21K over 240 months, no ppi ticked for.

Anyway, the loan agreement - Endeavour/HFC which we received to sign after the loan was paid out after going through the security questions and if we required more funds in the future, this was made by HFC before the loan was paid out.

The agreement is that of over 300 months, loan £21K and ppi of just under £3K.

How we missed this earlier goodness knows, but it seems like we went through the loan with Click the broker, the details were passed on to Endeavour the lender, who then arranged the loan and went through HFC.
With the loan agreement not being received before the loan was paid out, which they asked us in a hurry to send back after signing, I remember that very well.