Thread: Can anyone advise - GE money and HFC

Hello farmers girl

I have two PPI queries which I would appreciate some advice on. I have had dealings with GE money and HFC in the past in in both cases agreed to PPI. I have since discovered that as I suffer from a long term health problem the insurance would have been useless to me, neither companies discussed or made me aware of this at the time.

I SARd both companies and GE money duly supplied all relevant info.
I sent them a standard letter requesting a refund etc on all insurance monies paid and they responded that as they had sent me a 'brochure' detailing all terms and conditions (which frankly I don't remember) I should have read it thoroughly and been aware of the terms. They also sent me a copy of the agreement I signed which makes no mention of issues that might affect the validity of the policy. There should have been terms and conditions attached to the Consumer Credit Agreement and also a policy document for the PPI. If you have not received these they have failed to fully respond to your SAR and you should send a letter telling them this and complain to the Information Commissioners Office.

I replied that I did not accept their decision and asked them to reconsider or I would go to the financial Ombudsman.
They then replied that they felt their decision was justified and unless I could prove to the contrary, that was that. They also said (rather smugly, I felt) as the insurance was taken out before 2005 (4?) I could not take the case to the ombudsman.

Have you spoken to the Financial Ombudsman Service about this?

If you have and they would not take up your case you could try the FLA.

In the case of HFC, I SARd them, they sent me a form to fill in with details etc, I returned it, they then wrote and asked for a copy of my driving licence to prove I was who I was, I sent that and have since heard nothing. It has been more than 40 days since I sent the original letter.
The PPI with them was also taken out befor 2004 so will they eventually give me the the same response?
Any advice gratefully received on either matter and sorry it is such a long post.

The HFC have been regulated by the FSA since....
Financial Services Authority 204483 01/12/2001 204483 is the company number from the FSA Register. Also HFC have already been fined by the FSA for mis-selling PPI. Please see this link...

FSA fines HFC Bank £1.085 million for PPI failings

IMO the first thing to do is send a letter to GE informing them that they have failed to fully comply with your SAR... there is a template letter here...

Data Protection Act - Non-Compliance - Template Letters

Be specific and ask for:
The terms and conditions.
A copy of the policy documentation.
A copy of the Needs and Wants/Customer duty of Care questionnaire that should have been filled out at the point of sale. (This questionnaire should be completed by their staff to ensure they have asked all the correct questions about you with regard to the PPI to ensure it is fit for purpose.
As you have a pre existing medical condition, they clearly failed to ask you about this and probably to inform you that it would be an exclusion on their PPI policy.

In the case of HFC same again if they have not provided the data requested under your SAR letter of non compliance and per link above and in both cases a complaint to the Information Commissioners Office.

For the Information Commissioners office. (this is an option if the DSAR is not complied with)
http://www.ico.gov.uk/upload/documen...ess_rights.pdf

Information Commissioner's Office - Information Commissioners Office

http://www.ico.gov.uk/upload/documen...lain_final.pdf

Complaints - Information Commissioners Office

This is a copy of the letter I submitted if you can use the general idea of it and amend it to cover your own case please do so.

Submission of a Very Serious Formal Complaint against the Royal Bank of Scotland

Despite several further requests for the information as required by my S.A.R - (Subject access request), none has been forthcoming.

Letters have been sent on:
24 January 2008
16 February 2008
12 March 2008
28 March 2008
2 April 2008
12 April 2008
12 April 2008 Request for CCA under provision of Consumer Credit Act 1974
19 April 2008

I have still not received Consumer Credit Agreements with associated paperwork on four of the loans. Because of the inordinate delays, the information requested on the first loan which was refinanced in March 2002 would be of no use as any claim against that loan would now be statute barred within the Scottish Courts.
I have not received data in the name of recordings of telephone conversations or transcripts of those conversations between the RBS and myself.
I have not received copies of emails or letters which I know exist.
I have also not received any properly certified documentation by Data Controllers within the RBS stating the information that I have requested has been disposed of, destroyed or erased.

The Royal Bank of Scotland is a member of the British Bankers Association (BBA), is licensed by the Financial Services Authority and should I believe, operate within the Law of the Land and therefore respond within the statutory timescales within Legal Acts at Law, namely the Data Protection Act 1998.

I have, when asked, provided information to the RBS, but it seems to me now, that they will try and delay supplying the data requested by using whatever delaying tactics they see fit. On one occasion referring me back to DLFS for the information I had requested. The fact that the DLFS had been legally transferred back to the RBS on 1 March 2006 (the transfer included all DLFS loans) was obviously overlooked by the Data Protection staff within the RBS.
This is indeed an extremely sorry state of affairs and it beggars belief that RBS staff would not be aware this Legal transfer had taken place.

My understanding is that the RBS had 40 days to fully supply all the information requested in my Subject access request, this has most certainly not happened.

I would therefore like to request that each addressee takes the appropriate measures to instruct or at least direct the RBS to supply this information to me as a matter of urgency.

I have a complaint lodged with the Information Commissioners Office Case Reference xxxxxx
I would now urge the Commissioner to consider an Enforcement notice against the RBS under Section 40 of the Data Protection Act.
I would also request that the Financial Services Authority, the Financial Ombudsman Service, the Office of Fair Trading and the British Bankers Association add this extremely serious complaint to their files on the Royal Bank of Scotland.

Yours sincerely
A xxxxxxxxxxx

Hope this helps you stay in the fight to get your money back

aa