Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I had a personal loan with HFC which had PPI with it but I paid it all off when I received a large sum of money just to get rid of it in 2003.
I was self employed, and still am, when I took out this loan so it was useless and I sent a letter to reclaim the ppi as I still have the account number.
However, HFC have written back and said they don't have a copy of the agreement so will not be refunding the ppi!
Re: HFC, ppi reclaiming from a closed account, HELP!
I have just had a prelim hearing with HFC. The judge did pick up on the fact the agreement was signed prior to 6 years. statute of limitations I think it's called. The only thing he said was that I could claim for the charges within the 6 years period only. I was happy to comply as this only meant a £20 restriction.
So, short answer no it doesn't matter when the agreement was signed but you can't claim back payments prior to 6 years from date of first complaint.
Re: HFC, ppi reclaiming from a closed account, HELP!
Originally Posted by Dyanomo
I have just had a prelim hearing with HFC. The judge did pick up on the fact the agreement was signed prior to 6 years. statute of limitations I think it's called. The only thing he said was that I could claim for the charges within the 6 years period only. I was happy to comply as this only meant a £20 restriction.
So, short answer no it doesn't matter when the agreement was signed but you can't claim back payments prior to 6 years from date of first complaint.
Hope that helps.
In the case of mis sold PPI, the date the mis selling becomes apparent is the first date of the 6 years. So although this loan was taken out in 2001, if you found out it was mis sold today, you have 6 years to claim from today.
Also, the paperwork should be kept for 6 years after the CLOSING of the account.
JOgs
Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000
Lloyds TSB : SAR request taken all the way to Court, Damages awarded.
Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.
Capital ONE : Issued Court papers, refund of £635.38
Barclaycard : Refund of charges £456.16
Re: HFC, ppi reclaiming from a closed account, HELP!
Originally Posted by Gilbert_O'Sullivan
I'm not too sure. Does it matter? Is the 6 year rule when the agreement ends or when it started?
Surely they are within the timeframe to retain records?
Maybe 2002, 2001.
Thanks anyway, hope you can provide more info.
They might try to fob you off with the "non-regulated before 2005" part, but as they are a large financial institution, they may well have been regulated by the FSA before 2005 anyway, and therefore you might still be able to go after them.
The fact they don't have a copy of the agreement? Well, that's their too-bad... and should also be the cause of a complaint to the Information Commissioners Office, since they are by law required to keep your data for at least 6 years. Tsk, tsk, BAD HFC.
If you know how much you were you were charged, then tally-ho, just reclaim... I'd like to see how that would play in front of a judge anyway : "do you owe the money?" "No, sir, we don't, cos we don't have the agreement any more." Hmm, yeah, good argument there...
Apologies to people who I was in the process of helping, I may be gone some time.
HFC, ppi reclaiming from a closed account, HELP!
with it but I paid it all off when I received a large sum of money just to get rid of it in 2003.
Reply With Quote
Originally Posted by Dyanomo
: "do you owe the money?" "No, sir, we don't, cos we don't have the agreement any more." Hmm, yeah, good argument there... 