Going to Cout with HFC

[fedup74]

Dynamo how did you get £25 an hour is this as a litigant in person rate cos I thought this was £9.25 or are you entitled to claim what their solicitor is claiming? Just a question cos I don't want anything to go wrong on your claim. Wishing you the best of luck, keep us updated:)

[Dyanomo]

It's what the judge said I could claim at the preliminary hearing.

[alanalana]

Hello dyanomo,

 

It's what the judge said I could claim at the preliminary hearing.

 

What a very nice Judge please give him my compliments for his sound judgement when you next see him:D

 

Lets hope your costs are repaid in full and remember the cost of ink and paper and electricity a gentle nudge will probably get your another couple of pounds.

 

Also remember the hourly rate is ongoing while you are on cag;)

 

aa

[Dyanomo]

Oh but of course!!

 

Not received anything from HFC yet and they have until 1st December to send me any docs they are relying on. I am assuming if they are relying on the same evidence as the prelim hearing then they won't send that again.

Looks like they have no witness or witness statement to ask questions to over the Needs and Benefit Form.

 

Is a Needs and Benefit check required by law before dishing out PPI or is it just advised? What is the deal with this?

[alanalana]

Hello dyanomo,

 

Oh but of course!!

 

Not received anything from HFC yet and they have until 1st December to send me any docs they are relying on. I am assuming if they are relying on the same evidence as the prelim hearing then they won't send that again.

Looks like they have no witness or witness statement to ask questions to over the Needs and Benefit Form.

 

Is a Needs and Benefit check required by law before dishing out PPI or is it just advised? What is the deal with this? I am not sure about this from a legal aspect. Not all banks or Credit Card companies used a needs and benefits form and those that did sometimes missed off vital questions to ascertain if the product (PPI) was suitable for the customer. For examply my form called a Customer duty of care form did not have a question about pre existing medical conditions and the small print in the PPI Terms and Conditions made no mention of pre existing medical conditions either. So basically the form was useless as it did not cover all eventuallities. Remember the form is only as good as the institution made it, miss off vital info and bingo it's a waste of time. Remember it is up to them as the seller to ensure the product suits you. If they do not ensure it is suitable then the have screwed up and sold a duff product. It is not down to you to say Oh yes your product suits me 100% and that is where the big PPI sell fails the customer big time.

 

aa

[Dyanomo]

Okey dokey. This should add weight to my argument then as this is all they are relying on!

[Paintball]

They are obliged to send you a Benefits and Needs document that is specific to your circumstances and not generic. They should also issue you with a keyfacts document ...

 

 

Lovin' your Judge BTW ... he rocks!

Edited November 30, 2008 by Paintball

[Dyanomo]

I received the Bundle from the Defendants today. They have a witness statement in there from a Woman who claims not to be the woman who issued the Loan but a woman who worked with the woman who issued the loan..eh??

 

Anyway she says, Jackie issued the loan but no longer works for HFC. She was a manager and very reliable etc. She is the staff member who signed the loan agreement only I specifically remember it was a man who sold the loan to me not a woman. I believe the paperwork was then taken away and signed by a manager.

 

To complicate things more, this woman claims the Needs and Benefit Statement taken relates to a previous loan I took with HFC 8 months before. (Even though it has the correct account number on it). There is lots of reference to documents stating 'Optional Insurance' but these are for previous loans.

 

As far as I can understand - she is stating the Needs and Benefit Statement is for a previous loan. They have sent no Needs and Benefit Statement relating to the loan in question?

 

I am very confused and hope the judge will be as well.

 

There main argument seems to be that because I took out PPI on previous loans then I must have agreed to it this time.

[Dyanomo]

They also say I had 2 pervious loans with HFC and both had PPI.

this is incorrect. I had a previous 3 loans with HFC and only one had PPI. I have the evidence to prove this from my original SAR.

 

I have just spoken to the defendants solicitors, a horrible jobsworth. She said that all the information they are relying on has been sent so there is no Key facts or Needs and Benefit Statement for Loan in question.

 

Oh and the witness statement has a page missing!

[Dyanomo]

Another copy of the witness statement turned up this morning. Sharon you have out-done yourself. This copy is also incomplete, AND unsigned!

[Dyanomo]

I have written to the asking for their Witness Statement to be thrown out as imcomplete. Not heard anything back (sent it last year) but assume it is on file.

 

I am in Court tomorrow. Let you all know how I get on.

[pinknico]

Goodluck Dyanomo:)

[Dyanomo]

Quick question.

 

Why can FSA only fine for mis-selling from 2005?

[moose73]

what was the outcome of this?

[b3ckford]

Curios to find out also?