Query With PPI HFC/HSBC

[BelstarBomb]

Hi,

 

A company has finally supplied a copy of the signed application form to me. It is in two halves with one half headed up 'Application for Credit' and the other form headed up as 'Consumer Credit Agreement' which has my signature on and that of the bank. They have now said start talking to them or cough up or it's court.

 

Both documents do refer to each other.

 

My question is, they had issued a default notice for £xxxxxx which included PPI cover.

 

I never asked for it, can't quite believe that I didn't spot it before and happily paid my monthly amounts without question and didn't need it as I already had pretty comprehensive ASU cover with another company.

 

I had asked the bank in question to supply proof that I had asked for it or that they had advised me of and checked to see if I need it and so far, they have not responded to my question.

 

I have double checked the application/agreement form that they sent to me and no where on it, does it refer to PPI or show me ticking or agreeing to receive it.

 

In addition, where they show how payments to the card will be applied, PPI is the first one in the list.

 

Am I right in assuming that as it is included within the default amount, they should have supplied that information within the agreement becasue surely it makes up part of the agreement if they have charged it to me, charged interest on that and included it within a default amount??

 

I have already written to the bank asking for them to refund the amount but so far, silence.

 

Your advice guys?

 

Cheers,

 

Bel

[dx100uk]

My question is, they had issued a default notice for £xxxxxx which included PPI cover.

 

was it said ppi on it? or you are just guessing the default sum included PPI?

 

is PPI payment mentioned on you monthly card statement/bill as a payment?

 

dx

[BelstarBomb]

Hi Dx,

 

The monthly statements showed a premium for PPI. For the last 8 or 9 months where I didn't make a payment each months statement was made up monthly payment, interest and PPI payment.

 

The amount on the final statement made up of the outstanding amount including interest and PPI is the amount plus legal fees that has been shown on the default notice.

 

So yes, in my view the default is inclusive of PPI.

 

Bel

[dx100uk]

sorry BB

what i was eluding to was my suprise that a DN said anything at all about PPI

now i understand.

 

ok, should the PPI be mentioned somewhere in te paperwork you signed -ofcourse it should.

 

so here you have a classic example of stealth PPI.

 

claim it back + int at the cards rate + 8%

 

dx

[BelstarBomb]

Hi DX,

 

Thanks for this and the PM and yes you are right in what you said!

 

This post is actually relating back to a partial win that we had with Restons with HFC/HSBC/JLFS which I posted here on CAG.

 

They had ignored previous SAR and CPR requests to provide the properly executed CCA and took me to court. The Judge agreed with me and awarded me costs and gave them 40 days to produce it. 40 days came and went and I sent them a letter avisiing them to produce it or I would go back to court to get the Judge to rule it as unenforceable. The agreement turned up in the post today.

 

I need to know how is the best way to approach this.

 

1. As they have given me 7 days to contact them with my suggestions for settlement, my intial response will be to advise them that I am still awaiting a response to my request for the PPI + interest or proof that I requested it. Good idea?

 

2. If they continue with the court route, can I add a counter-sue to take the PPI amount into consideration?

 

3. Does the fact that the initial default and subsequent calculations include the PPI amount have any bearing on the overall agreement. In effect, my payments to the account have been going to pay off PPI at a higher rate of interest instead of paying off the principal.

 

4. Am open to any other offers/suggestions that you brilliant foke may have that I in my innocence may have missed!

 

Cheers,

 

bel

[dx100uk]

there is scant history/timeline nor any actual data/figures from you anywhere to be able to make an informed reply now.

 

1. need above

 

2. no but if it does go back to court you need to vary the POC or whatever to now include a PPI claim in the case [not legally savy here].

 

3. not that won't, but you have eluded to the fact that nowhere is PPI on agreement. if this is true, then it could well invalidate the whole agreement?

 

4. thats what cag is all about.

 

dx

[BelstarBomb]

Hi DX,

 

I have just tried to upload the agreements etc but they have been saved to my computer as pdf's and photobucket doesn't like that!

 

I won't have access to a computer until Monday to redo them as gif's/jpegs I'm afraid.

 

However in short, the card was taken out in 2005. I queried the agreement in 2008 and played letter tennis with HFC until I got a letter from Restons around this time last year.

 

They ignored me saying that the account was in dispute as John Lewis had not supplied me with a properly executed CCA and started legal action.

 

I defended all charges based on the following

 

1. The alleged agreement is improperly executed under the CCA 1974 sec61 (1) and that further this court is excluded from making an enforcement order under the CCA 1974 sec 127(3).

2. That the Claimant has failed to comply with the Defendants request for information under the CCA sec 78(1) and that the Claimant is in default of that request.

3. That the Claimant has failed to comply in full with a Subject Access Request made pursuant to section 7(1) of the Data Protection Act 1998.

4. That the Default Notice issued on this date in 2008 was not issued in compliance with the CCA sec 88 (1)(b) in that the amount stated to remedy any breach of contract by the Defendant was incorrectly stated.

5. That the Claimant commenced legal action, contrary to the overriding objectives of the Civil Procedure Rules, having failed to acknowledge or respond to a request made on two separate occasions under CPR 31.14. The Defendant further avers that this claim was commenced while the account was clearly in dispute, contrary to debt collection guidelines issued by the Office of Fair Trading.

6. That the Claimant knowingly processed and passed personal information regarding the Defendant to a third party, without any implied or explicit consent to process data about the Defendant.

7. In the event that the Court does make the order requested in 17(1) above, that the court also make an order that any and all personal data held by the Claimant in respect of the Defendant be destroyed by both the Claimant and any third party that the Claimant may have passed that data to, and that the Claimant confirms to the Court and the Defendant when the destruction process has been completed. The Defendant makes this request on the basis that any express or implied consent given by the Defendant in the alleged agreement is also irredeemably unenforceable

 

At the time, I had missed the PPI and did add it into a further document but it was not inlcuded in my original POC/defence as you can see.

 

I have double checked all the paperwork that has been supplied as part of my SAR request and there is no refence to PPI being asked for, agreed to or them avising me about it etc but they had been applying a monthly premium from the moment a balance was applied to the agreement.

 

I can email or attach the agreements in a PM which I think I will do anyway so let me know what you think

 

Cheers,

 

Bel

[dx100uk]

pdf's are fine

click the go adv button below a msg box

then scoll down to manage attachments

 

dx

[BelstarBomb]

Hi,

 

Managed to get this sorted.

 

Please see the links below

 

http://i47.photobucket.com/albums/f181/BelstarBomb/Restons/RestonsDefence0001_page001-1-1.jpg

 

http://i47.photobucket.com/albums/f181/BelstarBomb/Restons94100001_page001-1.jpg

 

http://i47.photobucket.com/albums/f181/BelstarBomb/Restons94100001_page002-1.jpg

[dx100uk]

as advised how to do

i've merged your images to a pdf.

 

i can see no mention of we charge PPI or you have signed up to PPI

 

the only bit i can see is the bit where it mentions PPI on payment allocation.

 

dx

[BelstarBomb]

Hi DX,

 

Just as I thought.

 

What you would you suggest my next steps should be?

 

Do I write to Restons reminding them that I am strill awaiting proof of the PPI as John Lewis have still not responded?

 

Do I prempt them and apply to the court to change my POC?

 

Best wishes,

 

Bel

[dx100uk]

not my game sadly

however, i obv know pete2002_2004 did

and the threw restons totally.

 

dx

[BelstarBomb]

Hi DX,

 

Have justy tried PMing pete2002_2004 to look at this thread and it says he doesn't exist!

 

Any chance that you can get him to have a look at this?

 

Cheers,

 

Bel

[dx100uk]

that wasn't an invite to ping him.........

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/235540-pete-hfc-restons-now.html

 

dx

Edited April 11, 2010 by dx100uk

[BelstarBomb]

Ok,

 

Shouldn't I have trie dto pm him??

 

I have had a quick scan of his post but It still doesn't help me specifically with mine.

 

Is there a member of the site team that you can recommend to me so that I can get them to have a look?

 

Cheers,

 

Bel

[dx100uk]

have a look in the legal forum.

 

or start a thread pointing to this one asking your question.

i think you can vary the poc.

 

if not is a set aside. first

 

see this thread i think its the same game?

http://www.consumeractiongroup.co.uk/forum/legal-issues/255351-cl-finance-want-195-a.html#post2873913

dx