Hfc ppi....***Refunded & settled***

[bigphil61]

Hi All,

 

I'm not feeling very confident at the moment about taking HFC to court for non compliance, for obvious reasons!

 

However, apart from the above FSA rules I have found a bit more info in the FSA handbook that might have some bearing on my PPI claim,

it was under Appendix 3 Handling PPI Complaints.

at App 3.2.7 it states:

 

'The firm should consider all of its sales of PPI contracts to the complainant in respect of re-financed loans that were rolled up into the loan covered by the PPI contract

that is the subject of the complaint. The firm should consider the cumulaitve financial impact on the complainant of any previous breaches or failings in those sales'.

 

I think this means that as far as my PPI claim goes that they will have to check every contract I've ever had with them for PPI!

Yet I'm not sure if I can use these FSA rules in Court to show why they have failed to fully comply with my SAR under the DPA?

 

Any advice or thoughts on the above FSA rules?

 

 

BP

[citizenB]

Phil, this is beyond my knowledge.. so have flagged your reported post for those who might

[bigphil61]

Thanks CitizenB,

[ims21]

Yes that is spot on. It doesn't help with the SAR non-compliance but as far as calculating redress goes then they must be able to show that they have taken this scenario into account.

[bigphil61]

Thanks Ims,

 

I'm now of the opinion that as I don't really have a chance of winning in court,

that I should whilst I still can,

cancel my non compliance action!

 

If the FSA rules on PPI have to be adhered to by all affilated firms

then I reckon the above mentioned rules should have the same affect

as if HFC had supplied the data I was taking them to court for!

 

If you could take a look at my proposed letter and let me know what you think, I would appreciate it:

 

Address

Date

 

HFCBank Ltd

P.O.Box 5207

Coventry

CV39FB.

 

DearSir/Madam

 

YourRef: XXX1200

 

Account: xxxxx, yyyyy, zzzzzz

 

Under Financial Services Authority (FSA) rules you have 8 Weeks to resolve a PPI complaint, my complaint was made in May 2012.

 

It has become evident to me that you have failed to comply with the FSA’s rules as per Disp 1.6.1, Disp 1.6.2, Disp1.6.7 and Disp 1.6.8 and App 3.2.7

on your orginal assessment of my complaint.

 

If I do not have a full response from you within 7 days I shall make complaint to the FSA and the FOS regarding your tactics.

 

I look forward to your response.

 

YoursFaithfully

 

 

Bigphil61

[ims21]

Yes...looks ok to me

[bigphil61]

Thanks Ims,

 

I shall update once they have responded!

 

BP

[bigphil61]

Hi All,

 

I posted the above letter on the 14th and they have yet to respond to it!

 

In the meanwhile they have come back to me after 16 weeks with a further offer! They are now admitting to three loans, two with PPI and one without PPI! They were only admitting to two loans in the beginning...lol

 

The first offer was for £50xx.xx and the second offer is for £52xx.xx?

 

They added a comment to this latest offer which was:

 

'I must advice that you have now exhausted HFC Bank's internal complaint handling procedures and no further correspondence will be entered into regarding this matter unless it is from the FOS. Any further letters recieved from you will be read and filed, but not responded to'.

 

I could do with some advice please on my next steps as when I worked out the redress figure, with the help of Ims, the figure was 6k more?

 

BP

[citizenB]

I am sure ims or dx will be around later on to advise.

 

Very frustrating indeed

[bigphil61]

Hi All,

 

Today I received the AQ and the Court have informed me that HFC have filed their defence! I'm not sure that the admitance to having part of the missing data available to them for PPI redress purposes helps me with the court case? I have until the end of the month to get the AQ back to the Court.

 

BP

[bigphil61]

Thanks CitizenB, I shall see what they advice...

[bigphil61]

Hi All,

 

As above HFC have admitted to PPI being added to the first account and have provided a new second offer, they have stated that loan 2 had a rebate of £1212.10 which was not mentioned in their first offer:

 

Account 1:

 

Premiums paid from 1/6/04 to 1/9/04 = £34.55

plus interest @ 8% = £22.14

 

Account 2:

 

Premiums paid from 1/10/04 to 1/5/07 = £2036.31

plus interest @ 8% = £1066.04

Excess payments made from loan 1 = £43.28

plus interest @ 8% = £22.67

 

Account 3:

 

Excess payments from loan 2 = £1510.79

plus interest @ 8% = £547.10

 

The totals paid:

 

PPI Premiums = £2070.86

8% on Premiums = £1088.18

Excess payments = £1554.07

8% on Excess payments = £569.77

Total Redress = £5282.88

 

Can someone please take a look at the maths and let me know if their Redress figures are correct?

 

BP

[dx100uk]

did someone not already do an SOC then?

 

dx

[bigphil61]

Hi Dx,

 

Yes we did a SOC and the figures are completely different, so I'm now thinking that I must have miscalculated some of the figures!

 

BP

[bigphil61]

StatIntSheet CAGv101HFC1.xls

 

Hi Dx,

 

I have attached my SOC, have I got the maths correct?

 

BP

[ims21]

Looking

[ims21]

Looks to me like it is to do with PP rebates.

 

Did you ever get those rebate figures from them?

[bigphil61]

Hi Ims,

 

They have only provided one rebate on loan 2, no other rebates have been mentioned.

 

BP

[ims21]

OK I can get to about the £5k mark.

 

On your calculations I think you need to look at the figures for loan 1 as theirs are much smaller than the ones you gave earlier in the thread.

 

I don't think we have been any concrete figures as to the loan amount and the PPI amount on that loan though.

[bigphil61]

Hi Ims,

 

In light of the fact that I have no access to all the figures for Loan 1,

I'm going to accept the offer!

 

Thanks for looking into this for me and I will make a donation as soon as the money is in the bank!

 

One more question, if thats ok,

 

I have found that I had another three smaller loans with HFC,

 

I have no paperwork just the account refs, should I continue to use this thread or start a new one for that claim?

 

BP

[ims21]

I'd start a new thread as it is a separate claim.

 

When you get the money for this thread, let us know and we can change the thread title to reflect your success.

[bigphil61]

Thanks Ims, will do!

 

BP

[bigphil61]

HFC-Sol-Esc-Offer.pdf

 

Hi All,

 

Further developments today! I have received an offer from HFC's solicitors, they wish to resolve the issue and are prepared to pay my Court costs, as long as i don't take the case to court!

 

I have attached the letter to this post, any advice on how to play this?

 

BP

[bigphil61]

Hi All, I could really do with some guidance on this as I'm not used to Court and solicitors! My thoughts are to write back to the solicitors and ask them to confirm in writing that the data has been destroyed, giving date and time of destruction! BP

[citizenB]

Hi All, I could really do with some guidance on this as I'm not used to Court and solicitors! My thoughts are to write back to the solicitors and ask them to confirm in writing that the data has been destroyed, giving date and time of destruction! BP

 

Hi BP, if you have read the following http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**/page3&highlight=SUCCESS

 

You will notice that FUAFB received the SAR in dribs and drabs only after litigation had started - right up until the day prior to the hearing (Saturday actually) LTSB had been playing silly b*ggers.

 

The Judge asked if all the Data had been received at the final hearing - FUAFB believed not, however in her possession she did have a letter from the Solicitors, basically saying that was it! The Judge kind of implied that it would be a bit silly of them to provide something at a later date when they had categorically denied being in possession of it.

 

As for costs this is what the Judge had to say in respect of those..

 

He said that it was difficult in that there was no actual damage, stress would be dealt with under a different section and that would mean another hearing and he was of the opinion that FUAFB in particular is getting pretty fed up with dragging backwards and forwards to Court. He got that right

He was going to award the costs under CPR 27.14 (2) g

 

Anyway, he said what he had to decide was.. Had there been a serious breach? Yes, without doubt there had been. Had the Bank been unreasonable? Decidedly so. In fact he felt that the Bank should be looking to their procedures for handling Subject Access Requests. He was quite astounded by their submissions and admissions. So.. !! He had obviously come to a decision.

 

Judge: FUAFB, there are some pre litigation costs, which I cannot allow, nice try though (delivered with a smile) so for the original claim you can have the fee for filing which is £30.00. I will then award the filing fee for the SJ application, which is £75.00. Then I will give a global award of £XXX.XX.. I make that a total of £XXX.XX. Miss B, FUAFB ??

 

So IMHO a letter from them confirming that their destruction policy is...... and that they categorically deny having anything else to provide you with. Might well be the way to go.

I am not sure if they can make that confidentiality clause stick though .. I guess that is up to you. Actually.. I think it is too late as you have already posted it up

 

HTH