Currys/Dixons Group or HFC for PPI claim

[stroke a badger]

Due to a new job, Mrs SAB recovering from Cancer and other day to day life issues I have not been on the forum much, however with life slowly returning to a state of normality and I have more time to devote to a couple of small battles i have yet to win. The first one and possibly the most annoying is a PPI claim against Currys, or should that be HFC.

 

Brief summary.

· Brought a TV in 2006 from Currys, Winchester and opted to pay for it under a Buy now Pay later deal they were running.

· Was told PPI was not optional due to the value of the purchase and credit history, this was contested but it was implied that if we refused to have PPI the credit application would be declined.

 

I have since requested a full refund of premiums paid from HFC but they have stated my contract is with Currys and as such it is they who would be liable to settle the claim if there was sufficient grounds to do so. Of course Currys/Dixons Group have said the direct opposite in that they were merely acting as an agent of HFC selling their services and were commissioned to sell PPI. So with neither party accepting any degree of liability the next step is litigation.

 

My take on this is. Currys were acting as an agent of HFC but as the contract is between my Wife and HFC any such claim for the repayment of PPI premiums should be made to HFC NOT Currys/Dixons Group. Is this correct?

[ims21]

Yes HFC are your target.

 

S56 CCA applies.

 

Are you thinking of litigation or fos?

 

http://www.legislation.gov.uk/ukpga/1974/39/section/56

[stroke a badger]

Hi IMS,

 

Looking at litigation as I have little/no faith in the FOS.

[ims21]

Did Currys/Dixons put that stuff about being an agent in writing? That I think would be very useful because it would solidify your usage of S56 and also confirm who your action is against i.e. HFC.

 

I guess you have been here long enough to know that the onus of proof of mis-selling will be on you as the claimant? (Civil burden on balance of probability)

 

Have you done your spreadsheet of claim to work out what the amount is that you will be reclaiming?