HFC Bank & Proof of PPI **WON**

[bigphil61]

Hi All, I have received a letter from Bina Kaur Operations Manager at the Central Complaints Dept of HFC after sending an email to the CEO regarding three loans.

 

Background to this current claim;

 

After my 1st SAR to HFC they sent me enough info to start a PPI claim for 2 loans.

 

Whilst looking through the data I found info on a further 3 loans, - the subject of my current claim as per the attached document.

 

Eventually they upheld the first claim,

but just before I wrote back to accept it,

I noticed that a 3rd loan account reference number was on the agreement of the 1st loan.

 

I wrote to the PPI Dept and told them I could not acept their offer as I did not agree with their figures

and could they take another look and include this 3rd loan!

 

In the meanwhile I SAR'd (failed SAR letter) them and asked for all the info they had not supplied on these other loans.

 

They stated that they had no further data to supply me with and that all data older than 6 years was deleted from their systems.

 

After a further 8 weeks they eventually agreed that this 3rd loan would be included and adjusted the redress payment accordingly!

 

At this point I think I got a little bit over confident and decided to take them to court for non-compliance of my SAR's!

 

I put my claim in and was awaiting developments!

 

During this period I asked for guidance here and was told I might not get the info going that far back!

 

To cut a very long story short, just before a court hearing date was set, I decided to settle with them and they paid my fees and costs!

 

My question is, in light of the fact that info they said did not exsist they paid out on,

should they not have done the same with these other three loans?

 

Also does the FSA DISP Appendix 3 (Handling PPI Complaints) not apply in my case, especially APP 3.2.7?

BP

Edited November 2, 2012 by citizenB
formatting

[citizenB]

It does appear to be a bit confusing doesnt it?

 

I think you need the input of ims21 or dx100uk - I will flag your thread for their attention.

[bigphil61]

Hi CitizenB, Thanks for that and for tidying up...

[ims21]

Hi

 

Yes 3.2.7 does apply where loans refinance each other.

 

The difficulty is that if they have genuinely destroyed old data then there are no figures to work from. The other difficulty is the question of whether they actually have destroyed data or whether they are pulling the wool over the eyes.

 

If you have actual evidence of PPI being paid on loans that they have not included in a settlement then send it to them with a clear and detailed explanation of what you want them to do. If you don't get a satisfactory response then it may be time to seek some guidance from fos to find out what HFC are playing at and that they appear to be frustrating the process.

[bigphil61]

Hi Ims, thanks for your response.

 

I have no details of the PPI element of the loans, or the loan amounts.

 

What I do have is a couple of mentions in the data supplied with my SAR, for two of the loans

and I have my bank statements from 2002/03 showing the HFC account reference next to the payments for the third loan!

 

I get the feeling from the tone of the attached letter above that this is not going to be enough to cause them to look into my claim!

 

As for do they have the data - I know they do!

 

How do I know this,

 

for one of the loans that they paid out on, prior to me pointiing out that the agreement number was on the 1st agreement,

they could not access the paperwork because it had been deleted from their systems!

 

By magic (As data no longer on their systems)

they managed to find that the loan was only for two months and had PPI,

and the amount of redress matched up exactly to two payments made to them that I found within my bank statements!

Is it possible for me to take them down the BCOBS/COBS route and sue them in court, and if so, is there a post that explains the process? BP

Edited November 2, 2012 by bigphil61

[ims21]

When you say "force compliance" are we talking SAR compliance or suing for PPI?

[bigphil61]

Hi IMS, Oops,sSorry I was busy editing my post! I'm thinking of suing them for not following BCOBS/COBS as per FSA regarding PPI guidlines...BP

[dx100uk]

as i've foundseveral times

 

HFC DO have info on old loans

in fact they have info on EVERY LOAN ever taken out

 

just that they do not hold the detailed info.

just the total of the loan. and its date

 

getting them in court as you should have done before

is a priority and someone needs to do it.

 

the debacle of what happened when the PPI scandal broke is yet to be told

 

about all the shreding lorries that were hired and went around every branch doing

 

i know i saw it and even asked about it

 

confolluted story, but the shredder wagon co. was the same group of guys that did our secure data shredding

 

i asked them cause i saw them in the pub on a day of the week they were not due in to us!!

 

back to the missing info on loans..

 

one of my claim of 4 was not upheld by the FOS

 

i had everything bar the agreement.

 

i had proof PPI was levied, i knew the amounts monthly

i knew the total of the loan

and i knew the PPI % for the 'era' [current account plus for ref]

 

reason refused...the FOS sided with HFC that how could i remember something from 1986!!

that i didn't actually want it!

 

it annoys me no end that

on all the other loans HFC coughed, agreed that PPI was mis-sold

[reason..local gov't MOD super annuation scheme & 6mts full, 6mts half pay - even had the contract from 1982 fwd]

 

i argued with the FOS that the issue of their involvement

was surely to decide IF PPI existed - not that it was mis-sold - as HFC agreed it was in all the others.

 

they refused to be limited on that narrow avenue and had to consider the whole matter of PPI.

 

bugger!

 

if you could find the account the money of the lost loans was paid into

 

it would be interesting to see how you get on.

 

dx

 

i found how m

[bigphil61]

Hi Dx, Thanks for your response!

 

I currently work just around the corner from HFC's headquarters in Birmingham and I can tell you that I see shredder vans outside their offices at least twice a week! I dread to think how many customers and former customers details are being shreded on a regular basis just because they don't want to pay out on missold PPI!

 

I believe that they have already admitted that I had these accounts/agreements (CCA) with them and of course I have my bank statements to back that up!

 

They have also shown that they are prepared to tell pork pies on exactly what information (DPA) they have available to them (They paid out on an account they allegedly had no info for).

 

My question is: how do I go about getting them into court to sue them for non compliance with the FSA BCOBS/COBS rules as regards PPI and treating customers fairly? BP

[ims21]

Phil

 

 

Would you by any chance be able to get some pics of these vans?

 

ims

[bigphil61]

Ims,

 

I will but, please note the vans are going around the back of their office and they don't have the HFC or HSBC name outside the building at the back of the office, do you still want the pics? BP

[ims21]

Ah right....the thought just crossed my mind that there might be something useful for us all to use.

 

No worries.....just me getting over-excited.

[bigphil61]

Hi Ims, Dx, I have looked around the site but can not find any posts of anyone using BCOBS to sue a bank, can you point me in the right direction, please?

Edited November 6, 2012 by bigphil61

[bigphil61]

Hi Guys,

 

I have tried putting a letter together (attached) to explain to HFC why I think they need to take another look at my complaint! I'm hoping that I can get some feedback on the issues raised and if they are relevent to a possible legal action against them. BP

 

[ATTACH]39171[/ATTACH]

[bigphil61]

Anyone?

[citizenB]

It looks good to me Send it by a tracked method so they cannot deny receiving it.

[bigphil61]

Hi CitizenB, thanks for reading my rambilings, I'll proof read one more time and then post it signed for! BP

[bigphil61]

Hi All, Did I forget to mention I made a complaint to the ICO about HFC's failure to comply with my SAR back in August? Sorry...

 

I have just got home to find the ICO have sent me an email stating that they are in agreement with HFC, they currently believe that HFC forefilled there obligations under my SAR!

 

Having split mysides with laughter for ten minutes, I managed to pick myself up off the floor and firing from the hip, I attached a copy of my PPI redress letter to the ICO email and hit the send button.

 

This letter plainly states that they will be giving me a redress figure for one of the accounts that I made complaint to the ICO about in my SAR!

 

I await developments and will update as and when. BP

[bigphil61]

Hi All, The ICO have been in touch and after explaining the whole thing from beginning to end, the decision was to keep the case open and take another look at my complaint! BP

[bigphil61]

Hi All, HFC have responded to my letter by restating word for word everything that they said in their last letter,

the only thing notably different was the date!

 

This time I'll send them copies of my bank statements listing the payments made into these three accounts and see what they come back with! BP

[bigphil61]

Hi All, HFC have coughed up! They have partially upheld my complaint and have made me an offer on two out of the three loans! The loan they have not upheld was only for for 6 months, so I can take them on for that one at a later date! I will be donating as soon as the money hits my bank account and thanks to all for your advice and encouragement in taking them on. BP

[dx100uk]

hey result!

 

dx

[bigphil61]

Hi All, Money in the bank, holiday booked and donation made, thanks to all at CAG for your support and advice throughout my battle with HFC! BP