HFC have taken me to court

[santamonica]

This is what I've come up with so far I'm really not very good at composing letters.

 

Also on the letter they have sent I've re-read and noticed they mention another account I had with them prior to this one getting dealt with. they have given the account number but I have no paperwork for this. I know it was a rolling loan account which we went over the limit on and thats why we ended up with this 2nd loan.

They say that as the account has been closed for over 6 years they can't investigate this one and the documentation relating to the PPI sale has been securely destroyed. Does this mean there is nothing I can do about it or is it worth sending them a SAR for it?

hfc letter.pdf

[ims21]

Hi

 

Your letter is basically on the right lines. It doesn't need to be complicated.

 

I would suggest that, rather than an outright refusal at this stage, the letter ought to say something along the lines of " I am considering the offer that you have made but it falls short of what I believe the correct amount to be. I have enclosed a copy of my workings to show what I believe to be the correct position. This is based on the fact that a proportion of every payment I have made to you includes x% towards PPI and these payments are detailed on the enclosed spreadsheet.

 

Please review your calculations and either offer to refund the amount I have calculated or provide your reasons and workings as to how you have arrived at your figures"

 

ims

[ims21]

Oh, and with regard to the closed account, it may well be that they have no data on this as the account was closed more than 6 years ago.

 

However, a SAR I sent to HFC yielded a full transaction history going back to 1988 but the account was not closed.

 

It might be worth a tenner just to make sure if you think it is worth it.

 

ims

[santamonica]

 

I sent the letter to HFC with my calculations, got a reply today and basically they're not budging. They say that I paid PPI from 2000 (when the loan was taken out) to 2005 (when the loan should have been finished). The loan is still being paid so I believe as the PPI was added on at the beginning a percentage of all payments i'm still making is going towards the insurance. If this isn't the case should the balance on the loan have been reduced to take account of the PPI ending?

Should I now go to the FSA or are HFC calculating this correctly meaning I should accept what they are offering??

Any advice would be greatly appreciated

 

santamonica xx

[ims21]

Have they said this is their final decision?

[dx100uk]

if you are still paying - looks like you've got unlawful charges too then

 

and this coupled with the old loan will inflate your reclaim too

 

worth the sar me thinks.

 

i would simply retort to HFC, that their calculations are not inline with the widely published FOS guidelines

of placing you back to the finacial position as if PPI had never been charged.

 

i would also mention that it has come to your attention that HFC was specifically fined £1.8M for the mis-seling of PPI

concerning the exact period your loan was given.

 

should i hear nothing positive within 14 days, i will progress actions against you toward the involvement of the FOS and/or court, without further notice.

 

i would not mention your SAR

fire that off to the data compliance address.

 

dx

[santamonica]

ims, they have said they have nothing further to say

 

dx, they have said they have nothing further to add and if i'm not happy i can complain to the FOS but i think i'll follow your advice and try sending them 1 more letter.

 

thanx to both of you for your quick responses.

[dx100uk]

unless they've used the words 'final response'

they are taking you as a fool and trying it on

 

as they ALWAYS do.

 

dx