Hamilton

[di30]

Re: Hamilton

Maybe I should change this thread back to "Endeavour" again now lol.

I've not heard a thing from the Adjudicator yet, he was out of office last week and his colleague said he will read all of our details sent, and get back to me today, so still waiting, but I am not the patient type lol .

Bet he feels rather stupid really, because its been going on for a few years now and it takes a letter of my own for EPF to own up it was them that sold the ppi policy.
And just think as well, he said on his decision he could not conclude because of not being able to find out who is responsible.
Just as well I am not the sort to give up.

[di30]

Re: Hamilton

My letter to them below.

4

10 September 2011

HFC Bank PLC/Endeavour Personal Finance
Camden House West
Birmingham
B1 3PY
　

Dear **** ******/Complaints Investigator, or to who can deal with this matter.


Account Number- ********


Thank you for your letter dated 07 September 2011 in regards of our query dated 20 August 2011, of who sold the Payment Protection Insurance (PPI), where you have confirmed on reviewing this that this product was sold by Endeavour Personal Finance (EPF) and not that of the Broker Click Finance Ltd.
I attach this letter in regards of the above, and enclosed a questionnaire as requested for a reclaim of the Payment Protection Insurance (PPI).



As you may be aware in regards of the PPI, this case has been with the Financial Ombudsman Service (FOS) since 2009, and also even prior to this in order to make a reclaim on the PPI, but we were always referred back by you to the Broker Click Finance, where then you stated were responsible for the selling of the Payment Protection Insurance.


After some further investigation/research, and of the paperwork you forwarded to us in regards of the above loan, we were also provided with copies of the broker Application form.


You are aware that PPI was not added to the application form, and that it was included within the loan by Endeavour Personal Finance, you also apologised for previously incorrectly stating it was Click Finance Ltd.


We are deeply disturbed about the initial misleading advice, and something that we are not sure was an honest oversight. Therefore we have been reviewing our options regarding a complaint to the Financial Service Authority (FSA), and the consideration of taking further action.


However, given the fact of the case, if you could expedite and uphold our complaint for the Mis-selling of the Payment Protection Insurance, and refund in accordance with the FOS guidelines, if your prepared to do that and redress further for the Distress and Inconvenience this have caused over a number of years, we will be willing to consider the matter closed.

It has taken about 3 years (2007) since first approaching you to conclude that Endeavour Personal Finance were responsible for selling the PPI with our loan.


As this case is already within the FOS, if you could respond to me within 14 days of this letter and oblige to the above, we can contact the Ombudsman with immediate affect on this case to have this matter closed.


We note in your letter dated 07 September 2011, we can complain to the FOS if we are not happy with the outcome of that complaint of who was responsible, but will appreciate if you could still consider as a gesture of the above, despite you then not being regulated by the FSA/GISC when this loan was taken out, as your business owed a “Duty of Care to the Customer”.


Your terms and conditions also state that if used a Credit Broker, you are not responsible for his actions or advice, but the PPI policy was not sold by a Credit Broker, but was sold this by Endeavour Personal Finance the lender, so this then takes it back to the lender for its actions on the sale of this policy.


I enclose some copies of paperwork within the Reclaim Questionnaire, and hope to hear from you by 14 days with a gesture of the above to avoid further action on this account.
　
　
Yours sincerely

[di30]

Re: Hamilton

Thanks Di after speaking to all of you on here I dont feel quite so terrified now, I will keep fighting them !!!

That's the spirit good one x

[Mags76]

Re: Hamilton

Thanks Di after speaking to all of you on here I dont feel quite so terrified now, I will keep fighting them !!!

[di30]

Re: Hamilton

Hi Di,

As an "outsider" reads a bit like a Barclays response to everything. Contradictory, misleading and "get-out" clause for everything.

regards
Garlok

Yes good point Garlok, I know exactly what your saying here lol, so true. x

[di30]

Re: Hamilton

Di, Glad youve had a response from these muppets! at least they are admitting that they DID sell you the PPI, I reckon you have them by the short and curlies go after them !

Good Luck and Fingers crossed for ya x

Thank you honey x

And the same on yours too babe, your doing real good now, fingers crossed x

[Mags76]

Re: Hamilton

Di, Glad youve had a response from these muppets! at least they are admitting that they DID sell you the PPI, I reckon you have them by the short and curlies go after them !

Good Luck and Fingers crossed for ya x

[garlok]

Re: Hamilton

Hi Di,

As an "outsider" reads a bit like a Barclays response to everything. Contradictory, misleading and "get-out" clause for everything.

regards
Garlok

[di30]

Re: Hamilton

Hi Matty

I am not sure to be honest, but going to forward it on to the Adjudicator, after all this time EPF have admitted its them that sold the ppi, which is what the FOS need to know, so even though they upheld it, they probably just upheld it for getting it wrong but nothing about the mis selling of the ppi.

[MattyA]

Re: Hamilton

What does this mean di? - Is it a result or a back heel?

Matty

[di30]

Re: Hamilton

REF:

Mr & Mrs



7 Sept 2011

Account *********

I am writing to your email dated 20 August 2011, received by the Chief Executive Officer's office at HSBC Bank, informing us of your complaint. HSBC have forwarded your email to Endeavour Personal Finance (EPF), in order to allow us to respond accordingly.
This matter has now been referred to me as member of the Central Complaints Department for investigation. Please accept my apologies that you have had cause to contact us and for the delay in my response.

Having completed my enquiries into the issues you have raised and having given careful consideration to all the information available, I have now made a decision to uphold your complaint. I have summarised below the basis on which I have made my decision.

I am aware your complaint is that you are confused as to which company sold the Payment Protection Insurance (PPI) on the above account. EPF have previously stated that the PPI on your account was sold by Click Finance Ltd, who were the brokers for this loan. You have been provided with a copy of the original application form completed by Click Finance Ltd, however, this does not indicate that you wished tp purchase PPI. Furthermore, the Legal Agreement for your loan was for a greater amount than was quoted on your original application, and had a longer term. In addition, the additional amount borrowed appears to have been in payment for PPI, which the Legal Agreement indicates was taken out on the loan.
you have therefore requested written confirmation of which company sold the PPI, and that we provide evidence of this in our response.

The above amount was an EPF Secured loan, secured against your property, which was opened 30 July 2004, the amount of £21,000. In addition, you opted to take out optional PPI, which was paid for by a single premium of £2,835.00 incorporated into the loan. Therefore the starting balance of the loan was £23,835.00. This was originally to be repaid by 300 monthly instalments of £208.51, with an interest rate of 9.9% Annual Percentage (APR). The interest rate of your account was variable, and was based upon the Finance House Base Rate (FHBR).

The details of the loan were clearly specified on the Legal Agreement which you had signed.
May I respectfully advise that is remains the customer's responsibility to read through the Terms & Conditiond of their Legal Agreement before signing it. By signing the Legal Agreement you confirmed your understanding and acceptance of the Terms & Conditions of the loan.

I have reviewed a copy of your original application form completed by Click Financial Ltd, and can confirm that you originally requested for a sum of £21,000 over a term of 240 months. In addition, I am in agreement that the original application form did not indicate that you wished to take out optional PPI. Finally, I am also aware that you had a telephone conversation with a member of our customer services department on 26 July 2004, prior to the signing of the Legal Agreement. The final details of the loan would have been agreed during this telephone conversation, following which the legal agreement would have been sent to you to read, sign and return.

As the details of the loan specified on the legal agreement differ slightly to the original application, it is clear that EPF changed some of the details of the loan following receipt of the application from Click Financial ltd. In addition, normally would be paid to the broker for arranging the optional PPI on an account. I can confirm on this that no commission was paid to Click Finance ltd in relation to PPI, which would indicate that the PPI was sold by EPF and not by Click Financial ltd.

In view of the above, I can confirm that the optional PPI on your account was sold by EPF.
Regrettably, I am unable to find any record of any record of the correspondence or conversation when it was agreed that the optional PPI would be added to your account. Consequently, I am unable to provide you with written evidence or proof that PPI was sold by EPF. Please note, however, this letter acts as written confirmation that we accept the optional PPI on your account was sold by us.

Please accept my sincere apologies that EPF incorrectly stated the PPI on your account was sold by Click Finance LTD, and for any inconvenience or concern caused by this matter, as this certainly was not our intention. EPF strives to provide the highest level of customer service and it is evident, on this occasion, we have failed to meet your expectations.

In summary, the details of the loan specified on the Legal Agreement differ slightly to the original application form completed with Click Financial Ltd. In addition no commission was paid to Click Financial Ltd for arranging your optional PPI on your account. In view of this, I can confirm the optional PPI on your account was sold by EPF. Therefore, we were previously incorrect in stating that PPI on your account was sold by Click Finance Ltd.

Should you have any further enquiries, please do not hesitate to contact our Customer services Department between the hours of 9-5 Monday to Friday.

I would like to thank you for bringing this matter to my attention. Whilst I appreciate that this may not be the response that you were hoping to receive, I trust I have clariffied our position in this matter.
This brings to an end the steps available to you through our internal complaints procedure as this letter constitutes our final response.

I am obliged to inform you that should you remain dissatisfied, you have the right to refer this matter to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR, telephone 0845 080 1800.
Website:
I enclose a brochure entitled, "your complaint and the Ombudsman" which explains their role. If you wish to refer this matter to the FOS, you should do within 6 months of the date of this letter.

Yours sincerely

Complaints Investigator.
Central Complaints Dept.

[di30]

Re: Hamilton

Thank you for this Mags, this is very helpful.

However, today I received a letter from EPF who are finally admitting liability since I wrote to them in August, seems I got them, they have upheld but there is nothing about any redress, just an apology, so its off to the adjudicator with this feedback again now lol.

[Mags76]

Re: Hamilton

Di

I have no idea if this link will help you but it states on it about Hamilton and endeavour being linked (i think) and the details of who now owns Hamilton Insurance

http://hamiltontransfer.com/library/...cument.DOC.pdf

[di30]

Re: Hamilton

With them reviewing this, I really don't know what excuse they will find this time of where the PPI came into it, even the lender knows its not on the broker application form, seems strange that its added on the lender loan agreement and with different loan terms to that of the application form!

They will find some excuse, however they've had 20 days now and confirmed yesterday they were looking into this, they could have refused I suppose, because they know its with the FOS.

[di30]

Re: Hamilton

Our Adjudicator have given a further week again, happy about that, but its a shame he's not the one chasing the business up, maybe they would have dealt with it by now.

This is because we are waiting for a letter from HFC/Endeavour, as they confirmed yesterday a letter will be in the post for ASAP and they will email me to let me know when its on its way.