vjohn82 vs. HFC (PPI Claim) **WON**

[DonkeyB]

Er, edit the Aktiv letter!

[DonkeyB]

As you had PPI, why did it not kick in when you were made redundant? Did they refuse?

[vjohn82]

As you had PPI, why did it not kick in when you were made redundant? Did they refuse?

 

Can't recall what happened at the time... and the docs received (telephone calls etc) are not clear on why it was not invoked either.

[Ford]

vjohn

name is showing on aktiv letter in post #25!

[vjohn82]

All sorted ;-)

[Ford]

All sorted ;-)

 

there is still a name in para 3?

Edited March 18, 2011 by Ford

[vjohn82]

Shows as blanked out to me

[Ford]

Shows as blanked out to me

 

hi, yes it's blanked now! at time of my post it was still showing!

Edited March 17, 2011 by Ford

[vjohn82]

Good good.

 

Not that it matters now... account is SB... has been for about a year. They can swivel now.

[dx100uk]

get reclaiming look at all those unlawful fees!!

 

removed at latter as it shows your name

 

dx

[vjohn82]

The name was blanked out though?

 

Oh well here it is again:

 

Looks like the PPI was included as part of the debt sale to AK. And you're right about the penalty fees, that the FOS do not handle to my knowledge.

 

Just out of curiosity, if I make a claim on this are they able to counterclaim for the balance? I would have thought that as they assigned the account elsewhere that they no longer have a cause of action in this regard?

 

Just trying to be prepared in case they play silly bleeders. Once the account is SB that's it isn't it? Nothing resets the clock once it hits the 6th year?

Edited March 17, 2011 by vjohn82

[dx100uk]

the name is not blanked out!

 

dx

[dx100uk]

you'll have trouble with hfc wriggling anyway on charges/fees & PPI

but if you've got the agreement [which you have]

then as they've been fined £1.8M in the past for PPI mis-selling and to my knowledge been warned twice since about the same thing they were fined for - they'll cough once the

fos get ahold of it.

 

as for the fees - they'll go for SB'ed, but again i'd put in a claim too.

 

adds to your case of just how poor hfc are at customer fleecing.

 

just as a point of order, when if at all might you have disputed what you owed or when you might have first questioned their actions on the a/c?

 

dx

[Ford]

vjohn

it was blanked, but name is now showing again

[vjohn82]

Try again eh? Those were all of the parts blanked before. If you have visited this thread previously the link might have been saved in your "temp" folder or cookies for quicker loading. I've changed the link name so all should now be fine and dandy.

 

 

[vjohn82]

you'll have trouble with hfc wriggling anyway on charges/fees & PPI

but if you've got the agreement [which you have]

then as they've been fined £1.8M in the past for PPI mis-selling and to my knowledge been warned twice since about the same thing they were fined for - they'll cough once the

fos get ahold of it.

 

They have already ignored the adjudicator decision.

 

as for the fees - they'll go for SB'ed, but again i'd put in a claim too.

 

I only realised that they were added onto the account last year when I received a batch of the paperwork. I had forgotten all about this account to be honest owing to some intervening mental health issues/moving house/marriage/degree studies/kids.

 

So I think s.32 of the Limitations Act covers this part as I could only have been aware of a cause of action once I had received the docs. The FOS complaint went in soon after.

 

just as a point of order, when if at all might you have disputed what you owed or when you might have first questioned their actions on the a/c? dx

 

I first wrote to HFC on 18 May 2010 via an SAR... I had been previously contacted by AK in 2009 but I was far too ill to be dealing with them. They threatened court in 2010, I denied liability and requested the usual evidence. They spent a long time trying to get it. So I went the SAR route.

 

I received the SAR within the 40 day time frame. Spent some time going through it. Discovered it was SB first. Found the PPI issues later on. I had paid quite a considerable amount in premiums and due to their attitude on the phone and the harassment from AK I wrote to the FOS regarding their behaviour. The FOS sent out a PPI claim form and I filled it in.

 

This is where we are now. The FOS Adjudicator found in my favour. HFC refuse to comply. It's now been passed to an Ombudsman.

[DonkeyB]

It’s showing because it’s cached in your browser. New viewers will not see it.

 

 

I hope. It was a typo anyway!

[vjohn82]

It’s showing because it’s cached in your browser. New viewers will not see it.

 

 

I hope. It was a typo anyway!

 

Cached... that's the one!

 

Not that it matters anyway... doesn't matter if they know who I am or not. Their claim has missed the boat.

[dx100uk]

ok letes slow down here and back track a bit....

 

 

thats a letter from the adj [ it is NOT legally binding on HFC]

 

did you reply and accept it?

 

let the FOS deal with getting the money out of HFC

 

you are only entitled to the refund of the PPI PCM premiums YOU ACTUALLY PAID + 8% state interest from the date of each PPI PCM payment to the date of your claim

 

let the FOS calc it.

 

i would NOT go anywhere near court

 

that would be slapping the adj in the face.

 

dx

[vjohn82]

I know it's not legally binding... the next step could take 6 - 9 months. Rather long and there is a quicker solution.

 

I have told the Adjudicator to progress the issue at this stage. That was 6 weeks ago now I think?

[dx100uk]

They have already ignored the adjudicator decision.

 

 

 

I only realised that they were added onto the account last year when I received a batch of the paperwork. I had forgotten all about this account to be honest owing to some intervening mental health issues/moving house/marriage/degree studies/kids.

 

So I think s.32 of the Limitations Act covers this part as I could only have been aware of a cause of action once I had received the docs. The FOS complaint went in soon after.

 

 

 

I first wrote to HFC on 18 May 2010 via an SAR... I had been previously contacted by AK in 2009 but I was far too ill to be dealing with them. They threatened court in 2010, I denied liability and requested the usual evidence. They spent a long time trying to get it. So I went the SAR route.

 

I received the SAR within the 40 day time frame. Spent some time going through it. Discovered it was SB first. Found the PPI issues later on. I had paid quite a considerable amount in premiums and due to their attitude on the phone and the harassment from AK I wrote to the FOS regarding their behaviour. The FOS sent out a PPI claim form and I filled it in.

 

This is where we are now. The FOS Adjudicator found in my favour. HFC refuse to comply. It's now been passed to an Ombudsman.

 

ok wait for the omb to reply then .. you should not go anywhere near the court.

 

as for the charges reclaim

sadly you dont stand a chance !

 

sb'ed

 

dx

[vjohn82]

No worries about the charges then.

 

Why is it better to let the FOS handle this from here? Is it because the Adjudicator decision is persuasive rather than binding and because the lack of a HFC reply to it could be detrimental to their case?

[dx100uk]

it all boils down to hfc and their total disregard to any care for the customer

in the last 30yrs HFC have treated customers as easily fleeced cash cows.

the FOS fined them - so what they are saying - we'll still not payup until its gone all the way through the fos process to the ombudsman - then its legally binding and they must cough

they still delay/confuse/wriggle laugh whatever at how they got away with earning £M's out of customers

 

if you go the court route, IMHO you are slapping the FOS in the face and not adding to the ever growing pile of evidence to help them fine HFC again.

 

terrible company terrible.

 

dx

[vjohn82]

Ok. I'll let the procedure run it's course then. It's just been a long time coming!

[vjohn82]

...and thanks for your advice.