Hamilton

[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

[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

[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

[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

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

[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

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

Finally received an email from our adjudicator, he will be contacting EPF/HFC tomorrow in regards of the letter we received and get back to us.

Dear Mr and Mrs *****

Thank you for your emails over the last few days.

As you are aware I have been on annual leave and have returned to the office today.

I will review the documents that you have sent to me tomorrow and will be contacting HFC/Endeavour regarding what they have said in the letter to you.

I will email you once I have reviewed the documents fully and been able to consider a response to you

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9SR T: 020 | F: 020 |
E: @financial-ombudsman.org.uk
__________________

[di30]

Re: Hamilton

Email received today from our Adjudicator.......

Dear Mr & Mrs

I have noted the comments you have made and the contents of the letter sent to you by Endeavour.

The contents of the letter sent to you are different to what I have been advised in the past and the documentary evidence that I have on file for your case, especially regarding the issue of commission being paid to Click Finance or not.

However having contact HFC this morning they assured me that they were sticking to the submissions made to you in the letter. I was advised that Endeavour accepted responsibility for the sale of your policy and an investigation into the merits of the case will be made, I assume on receipt of the complaint letter you mention below.

As far as I am concerned Endeavour were not regulated at the time the policy was sold to you, so your complaint would be outside of our jurisdiction and subject to the same scheme as it is currently in assessing whether it is fair and reasonable to progress the complaint against the underwriter, which is Hamilton, as you know.

Yet I am minded to wait for the investigation by Endeavour into the merits of your complaint before progressing any further.

You are correct in your assumption that the deadline given to you is not relevant now, because the opinions I sent to you were based on the policy being sold by Click Finance. Therefore those opinions are now not relevant as Endeavour have subsequently accepted responsibility.

In summary, your complaint is still outside the jurisdiction of this service and I would be progressing your complaint on finding an agency relationship between Endeavour and Hamilton. However as Endeavour are conducting an investigation into the merits, I feel it is appropriate to wait until this investigation is concluded until investigating the agency relationship any further.

If you have any queries please contact me

Yours sincerely

M
Adjudicator | Financial Ombudsman Service
South Quay Plaza | 183 Marsh Wall | London | E14 9SR T: 020
E: @financial-ombudsman.org.uk

[di30]

Re: Hamilton

Received an email from HFC and they are currently investigating, and hoping to issue a response in the post for tomorrow, fingers crossed folks, I just hope these last few years are going to be worthwhile now lol.


Dear Mr & Mrs

We have received the questionnaire and this has been forwarded to our scanning department. I con confirm we have started the investigation and we are hoping that the response will be issued in the post to you tomorrow.

Kind Regards


Team Leader of Central Complaints | HFC UK
Camden House West, Birmingham

[di30]

Re: Hamilton

WON/UPHELD

After all this time 2009, I decided enough was enough and last week found and sent evidence to the lender Endeavour that it was them and not the broker, (where the FOS was going to go the underwriter direction), so from my letter they received on the 14 Sept (just a few days ago) that was all it had taken for them to agree to pay out!


I will let the Adjudicator know that I have completed "his" work and now resolved. I am chuffed, although its not a fantastic amount as such, but they are refunding all I paid of the PPI which was £1,771.54 plus interest £847.46, which totals = £2619.00.

[Susie]

Re: Hamilton

What a fantastic result, shame about the hassle you had with it but well worth the perseverance

[di30]

Re: Hamilton

Thank you Susie xxxx

[di30]

Re: Hamilton

Here is the copy of the letter below.......


Dear Mr & Mrs

I write further to the Financial Ombudsman Questionnaire received on the 14 September 2011.

I note your complaint is in regard to the Payment Protection Insurance (PPI) being Mis-sold on the above reference account. I can cinfirm that we previously issued you with a response on 3 June 2008 declining your complaint as we believed at the time the loan was sold via a Broker in the name of Click Finance Limited and therefore EPF Limited was not liable for the sale of the insurance.

However, it has now come to light after an investigation by Central Complaints Department with regard to your complaint reference XXX/XXXXXXXX that EPF Limited sold the PPI policy. Please accept my sincere apologies for any inconvenience caused as this certainly was not our intention.

I have now completed my investigation into the issues raised and have made a decision to uphold the complaint.

As a result of my decision, it is not my intention to respond specifically to the individual issues that have been raised other than to explain how I intend resolving the matter.

I propose to offer an amount in full and final settlement of tha above complaint against EPF Limited. The figure will effectively return the payment protection premiums that have been paid to date including interest. Details of the offer are shown on the Acceptance of the Offer Form enclosed.

The offer includes an element of 8% statutory interest. Subject to an individual's personal tax status, this statutory interest may be taxable and if accepted should be included in an annual tax return. Andy queries regarding this, should be referred to the local HM Revenue and Customs Office (formerly known as the Inland Revenue).

Should you wish to accept this offer, please arrange for the Acceptance of Offer Form to be completed and returned to EPF Limited. Please note the offer will only be processed upon receipt of the signed acceptance form and the offer will remain open for six weeks from the date of this letter, after which time it will be withdrawn, unless it has previously been accepted.

This brings to an end the steps available to you through our internal complaints procedures, as this letter constitutes our final response.

Please note EPF accounts did not fall under the jurisdiction of the Financial Ombudsman Service prior to January 2005. As your complaint relates to an issue that happened before this date, we believe the Financial Ombudsman service will not be able to adjudicate on this matter.

Yours sincerely
Complaints Investigator.

Premims paid from 30/08/2004 to 30/10/2005 - £1,771.54
Plus Interest at 8% - £847.56
Total Refund - £2,619.00

[IF]

Re: Hamilton

Bloody brilliant Di Well done matey xx