Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

hfc is it legal ??


feelinglow
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3230 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi guys

 

I've just had a quick read through and may be able to add some insights to this case.

 

The loan agreement is a fixed term, fixed rate agreement regulated by the CCA. The PPI premium is a single premium added to the loan and attracts interests over the full term (calculated up front).

 

Went printing the legal agreements in branches, you'd get one "original" copy and two duplicates (for single signatory agreements). The original must be signed by both the borrower and the lender in order to be a correctly executed contract. The original is retained securely by HFC, one duplicate goes to the customer, the other in the customer's file. No signature from the borrower and there is no contract to enforce. Furthermore, HFC would not have your consent to supply data about you to credit reference agencies either if you haven't signed said contract.

 

Now, the PPI will have separate T&C's to the loan agreement and you should have been given a copy of these when you left the branch. If I remember correctly, the policy would pay out for a maximum of 5 years, but I don't recall any term that allowed them to pay reduced amounts. The insurance provider is Hamilton Insurance Company Ltd.

 

When accepting a claim, the insurer would back date it to the first day of illness/disability and make a payment to the loan. They would then require you to keep sending in claim forms while you continue to be unable to work. Medical retirement usually means completing a form every 6 months rather than monthly.

 

The T&C's of the policy should state that the insured is the whole value of the monthly loan instalments - not partial.

 

The insurance policy itself is quite straight forward really. If the claim was accepted, Hamilton Insurance would continue to make payments until you returned to work or until the loan matured (the end date). The only amount you would be required to pay would be the arrears you accrued before you became ill and unable to work. I struggle to see how this amounts to over £10,000 though...

 

In my view, the unsigned agreement renders the insurance issues a moot point. There is no enforceable agreement under the CCA.

Link to post
Share on other sites

  • Replies 340
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks Scooby

 

You obviously have some inside knowledge regarding the agreements, your input is welcome and if the agreement they hold is unsigned it does make it easy.

 

The main problem we have had to date is establishing the amount of arrears which we can finally work out now. So we have several options open to us one of which could be no enforceable agreement. But if they do prove an enforceable agreement it will be useful to have other arguments which convince them to to reach an agreement.

 

I was busy last week but I will suggest the next move in the next 48 hours any comments are welcome of course.

 

Pedross

Link to post
Share on other sites

Hi all

 

I've had a read through and found this part under Protection Benefits para (ii)

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/Hamilton/hampg3001.jpg

 

Once you've been off work for 14 consecutive days they will pay 14/30ths of the monthly benefit. After that they will pay 1/30th for each day your off work. Not sure wot that would work out too, maths was never my strong point.

Not sure if this is of any relevence or not ??

 

Best Rgds

Link to post
Share on other sites

Hi FL

 

I have had chance to go through the information you have received recently and I think its looking good so far.

 

I can see no reason why you would be paying them any more money so we need to give them one more chance to show why they think you should.

 

You need to send a letter to HFC which I will type up for you Monday or Tuesday. Please pm me if its not done by then to remind me.

 

Do you feel that they have supplied a full copy of your file under the SAR or are the documents you posted up the only ones received.

 

So far we do not have a signed agreement and a copy of one that does not add up with all sorts of interesting features in it. Therefore, if they do not have a signed agreement it is game over for them. If they do we will deal with that when the time comes.

 

Pedross

Link to post
Share on other sites

HFC Bank

PO Box 1520

Birmingham

B1 3PR

 

 

28 October 2009

 

Dear Sirs

 

Re: Name Account Number ACCOUNT IN DISPUTE

 

I am in receipt of your letter of 13 October 2009 in which you have replied to my Section 77 request and thank you for the enclosures.

 

However, I would remind you again that I sent a Subject Access Request, under the Data Protection Act 1998, on 18 May 2009 by recorded delivery and I sent you a payment of £10.00 which you cashed. I requested all of the information that you hold on your files about my account. You have failed to supply the information within the time allowed of 40 calendar days.

 

In addition to copies of all the information held on my file I would particularly request a copy of the original signed credit agreement. I realise that you have already sent me a copy of the agreement, which you claim is a copy of the executed loan agreement and it would therefore appear that this is the agreement you would look to enforce.

If I am mistaken in forming this opinion please provide the copy requested above. I would also point out that this account is still in dispute due to your failure to provide me with the information I have been requesting. If in fact you do not have a signed agreement I would request that you confirm this to me rather than avoiding your responsibilities and continuing to cause me stress and concern.

 

I trust that you will now supply me with all of the information requested and I look forward to receiving this information in due course.

 

 

Yours Faithfully

 

Feelingglow

 

Feelingglow

Link to post
Share on other sites

  • 3 weeks later...

Hi pedross

 

Been a short while since I've heard anything off of them..Not had a direct response to the letter I sent them but I did get this letter off them today.

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/hfcrespon.jpg

 

Do I ignore this 1 and keep waiting for a proper reply or send the same letter again. Thx in advance.

 

All the best

FL

Link to post
Share on other sites

Hi FL

 

I think it would be a good idea to send a cover letter to Beneficial in response to this.

 

Say you are in receipt of their letter and that you are waiting for a reply to your own requests (copy enclosed) before you can decide what to do.

 

Pedross

Link to post
Share on other sites

Hi pedross

 

Well guess they must be getting desperate now. I received this today....

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/housecall.jpg

 

I have already sent them the warning letter about knocking the door before, guess they have ignored that as well as the previous letter lol

 

What would you advise with this 1, shell I just ignore it and tell them to go away politely or the more @#*&$^ version lol

 

Best Rgds

FL

Link to post
Share on other sites

I think it just crossed with your last letter. They may just try it on and send someone round and personally, what I would do is be ready in case they do. Have a copy of your last letter, plus the one mentioned in it and the doorstep one all ready. If someone does turn up do not let them in for any reason take their name, hand them the letters and insist that they take them back to the office and hand them to a senior manager.

 

That will really put the pressure on them. Hand delivered by their own staff, brilliant.

 

That's if they turn up and if they do they really are getting desperate. It would suggest to me that they do not have a case to take to court. Another point, do not discuss any aspect with them, ask them to reply in writing. If they ask if you are taking advice, say you are, but you are not allowed to discuss it.

 

It appears that they are running out of ideas.

 

Pedross

Link to post
Share on other sites

Hi pedross

 

Finally got the response today 1st class parcel of about 100 A4 sheets.

This is the letter that came with it....

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/replyletter.jpg

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/reply2.jpg

 

Now they have also supplied another copy of the agreement this time it has been

re-wrote in pen but on a Beneficial finance agreement headed paper.

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/newagreement.jpg

 

Also not signed as they mentioned in the letter.Now this is the copy which I put up b4 when

they sent it the other week

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/agreementcopy1.jpg

 

Now whoever wrote their latest agreement out in pen as not put all the right figures down

correctly.The fact that it as been re-wrote out on different headed paper can't be right

can it ?? Hope this lot helps out more. Thx pedross

 

Sorry almost forgot they knocked my door today as well.. gave them the doorstep letter and also said in future to write and not knock my door again, got his name as well.. he didn't want to go away so told him I was getting advise and could not talk about it. told him to go read his letter I gave him in the car.

 

Best Rgds

FL

Edited by feelinglow
Link to post
Share on other sites

Well done you! Send him packing to report back.

 

I think we have finally got a result after all of the persistence with the letters.

 

The first letter you just posted up is the key to all of this. They do not have a copy of the original agreement and they have admitted it to you. Do not lose these letters. Not only do they not have the original they do not even have a copy. Having said that and I do not want to dampen this, they could always find one later but they have had enough time to find it so far.

 

So, do we write back or do we wait, that is the question. I think we will wait a week and see if anything else arrives and then decide. Post a reminder or pm me if I lose track of time please.

 

The bottom line is - if they do not come back to you with a copy of your agreement, the next letter will be to tell them that you consider under the circumstances that you have paid them more than enough already or something like. I would say that we are 99% there now.

 

I think they will know that anyway when your guy reports back.

 

Pedross

Link to post
Share on other sites

Hi pedross

 

Cheers buddy will send you the reminder next week. Forgot to mention the guy who came was the branch manager for the local branch of Beneficial finance seems head office has past it over to them now to deal with for some reason. maybe they were hoping I would just give in to them face to face lol. Thx again. Speak soon.

 

Best Rgds

FL

Link to post
Share on other sites

Hi pedross

 

That's brill thanks for that, lets hope they take note too this one once and for all. Will keep you updated as soon as I hear back from them. Thx again for all your help with this couldn't of managed without you cheers buddy.

 

Best Rgds

FL

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...