HFC - Starting with court action - Miss-sold PPI!!

[kate999]

Hi All!

 

Wondered if anyone could help me a few queries I have. I am currently going down the court route with HFC after constant refusal to refund me PPI they miss-sold me. From what I have read on the forum - doesn't sound surprising. I am now just about to start filling in my N1 form - but could really do with advice on a couple of things.

 

1) Does anyone know of any POC for HFC and miss selling PPI examples out there?? Can't seem to find any.

 

2) I am also trying to get my charges refunded back of them - but again I am wasting my time - can I include this on my N1 or is that a whole other matter and another claim form?

 

Appreciate all the help I can get! This is my 1st time I am taking court action and I have another couple of companies to do as well! I am a woman on a mission!

KX

Edited February 9, 2011 by kate999

[kate999]

I am trying to complete a couple of N1/POC and would like advice on a couple of things please.

1) Firstly when trying to calculate the cost value - apart from the actual refund can you add damages to the list you are trying to reclaim?

 

2) when calculating the amount that is owed - the POC I have read on this site only request you put PPI charge + CI -

Today I was given advice by the FOS that if you go down either the FOS route of the court route you are entitled to the amount of the PPI charge + CI + 8% statutory interest.

I have just been advised that a complaint I have with FOS about egg refunding PPI will include the 8% compensation as well.

 

Any advise would be greatly appreciated.

Thank you

KX

[dx100uk]

correct [2]

 

no [1]

 

dx

[kate999]

Anybody???

KX

[kate999]

Had lots of views - but no responses to this one - can anyone one help on this on?

Thank you

[kate999]

Really need to send this off asap! Does anyone know if I can send put both PPI and charges on the N1?

Please anyone??

Kx

[dj1971]

Kate,

 

As it is a legal question you are asking, I suggest you post in the legal forum.

 

Good luck

 

DJ

[kate999]

Hi All!

 

Wondered if anyone could help me a couple of queries I have. I originally posted this on the PPI forum, but have been advised by a member to try here. I am currently going down the court route with HFC (Marbles) after constant refusal to refund me PPI they miss-sold me. From what I have read on the forum - doesn't sound surprising. I am now just about to start filling in my N1 form - but could really do with advice on a couple of things.

 

1) Does anyone know of any POC for HFC and miss selling PPI examples out there?? Can't seem to find any.

 

2) I am also trying to get my charges refunded back of them - but again I am wasting my time - can I include this on my N1 or is that a whole other matter and another claim form?

 

Appreciate all the help I can get! This is my 1st time I am taking court action and I have another couple of companies to do as well! I am a woman on a mission!

KX

[jdes26]

I would separate charges and ppi

I am currently waiting for 14 days lba then I will b filing check the ppi forum and library I'm sure u will find a poc to browse over

[MARTIN3030]

3 threads merged.Ok am taking a look to catch up.

[MARTIN3030]

Ok some questions.

 

1.Have you got statements for the account / periods you are wanting to claim for ?

 

2.Have you determined the total charges / PPI you paid ?

 

3.What are the charges you are wanting to claim for ?

 

4.Have you made requests to HFC for refunds ? Have you kept copies of them and how did they reply ?

 

5 When was your last contact with them and them with you ?

 

6.What is the total of the ppi

 

7 what is the total of the charges ?

 

8.is the account open or closed ?

 

9,if closed when was it closed and has it been sold or passed to debt collectors/is there any arrears ?

 

10,have you identified grounds for claiming ppi ie-was it missold,have terms that were of no benefit etc etc.

 

please answer above.

[kate999]

Hi Martin,

 

This is my partners old Marbles card that we are trying to claim back.

 

1) Yes - We have all statements for the account.

2) Yes I have composed a spreadsheet for all PPI inc CI and 8%

3) The charges are for default charges.

4&5)

Yes I have requested refunds for both PPI and Charges.

 

June - PPI and Charges refund request sent inc spreadsheet

July - Questionnaire sent and returned to them

July - Sent a 2nd time as they have never received it!!

Sept - I wrote advising COA and requesting update on both PPI and Charges.

October - sent LBA for both of the above

24th Nov - letter from Beneficial advising that wouldn't pay charges as over 6 years old. Never has any response to PPI claim.

All letters have been sent recorded delivery and have proof of receipt.

 

I am only now carrying on with this as I have been hospital, and am just getting myself together after a horrible few months!

 

6) Charges total inc interest - £977.93

7) PPI total inc interest - £1680.56

 

8) Account is closed

9) Sold to a DCA - we made arrangements and made min payments. We went in to fin diff when I became disabled and partner couldn't work as he became my carer and we have 2 small children.

Kept been passed to one DCA then they got themselves really confused as to owned the debt! It has come off our credit file as it is older than 6 years. Eventually we found out it was Rutherfords who owned it.

We CCA them in May, chased it in June, sent an account in dispute letter in July, COA in Aug and we have never heard anything from them. Ever!. So we haven't bothered to chase it. As far as we are concerned the account is in dispute. We know they got letters as we sent it RD, and they cashed the initial cheque.

 

10) There were many reasons why we know it was miss-sold-

Student

Only working part time

On a temporary contract

Never given any information or literature

Made to feel it was compulsory

No questions asked about his circumstances or medical conditions

And a few other reasons……………

 

Thanks Martin for looking into this – I have tried to do loads of research into starting the claim – hours on the site and read Patricia Pearls book. After all that I am struggling to find and threads any POC’s, examples of threads for HFC. I am aware that there are lots of examples for other banks on one of the stickys/library but not for HFC.

 

I hope if this thread helps others like other threads have helped me then it would be great.

 

Your time and advice is greatly appreciated.

KX

[MARTIN3030]

Ok kate very good response and all questions answered ok.

 

So basically you are ready for the off.

You will know about the current case with the FSPs and the FSA.

You are also probably aware that the FSA have issued clear guidance that they should continue to deal with ppi claims even with the Judiciary Review.

As I said previously,PPI claims are not the same as bank or credit card claims insofar as there being a templated way of doing a claim.

Claims need to be specific to the claimants course of action,and need to reflect the terms and conditions and the criteria which was used or omitted at the time the ppi was arranged.

I see from your list that you have good grounds.

I also see from your figures that amalgamating both the charges and the ppi are still well within the 5k ceiling for small claims which is good.

I see that there is an issue insofar as HFC are concerned in respect of charges which pre date 6 years.

I will help you to address that so that you will be claiming the whole amount.

Insofar as following pre action protocols are concerned,it is also clear that you have followed these.

Any Court action you may commence,in no way affects your rights to deal with the FOS or visa versa.

So before we go further,can I ask you to give the exact name of the account type ?

On approximately what date the account was opened and the date of the earliest charge ?

We will likely need to refer to the terms and conditions which were operating on this account also.

Can you say if you have these ?

If not we can get them from internet archive.

Have you any questions so far ?

[kate999]

It was a Marbles credit card (does that help?)

The account was opened in April 2000

First charge for was for £20, the first ppi payment was 27/04/2000

Haven't out t's & c'c but payment info/interest is on back of the statements.

KX

[MARTIN3030]

Ok.

Just one further question-what address have you been using for your communications to them ?

I have all the contact details that you will need for filing your claim.

HFC also had an event notification on their CC licence in November 2010,in respect of address details.

I am checking whether the changes are effective,since this is important when filing.

[dx100uk]

sorry but as with your other successful claim with the fos

 

you need to be going through them not going to court.

 

dx

[moose73]

check out my claim with HSBC which is in court: http://www.consumeractiongroup.co.uk/forum/showthread.php?250258-HSBC-Loan-PPI&highlight=hsbc+loan

[MARTIN3030]

I will come back to you shortly Kate.

[kate999]

The address I have been using is

PO Box 5207

Coventry

CV3 9FB

This is also the one they have been sending me letters from.

 

Dx - Why can't I use the court route? The man I have being talking to at FOS said I can go either down the their route or the court route. Do you know something I don't ? Cheers

 

KX

[dx100uk]

i believe that if a court rules against you then you cannot then go to the FOS.

 

however, if the FOS rule against you [though +80% of the time they do esp if you have the agreement - and if the ombudsman rules in your favour - it IS legally binding too - alot eassier route thanYOU going to court] you can still go to court.

 

dx

[kate999]

ims - as per my PM can you have a little look at my PPI spready?

Thank you

K[ATTACH]28894[/ATTACH]

[ims21]

Hi Kate

 

Looks fine to me

 

Regards

 

ims

[kate999]

can't believe I actually managed to upload something that could be viewed 1st time!

Yeah! Thanks for looking!

K

[ims21]

You're

 

ims

[kate999]

Can I just double check something please.

What rate of interest do you use for reclaiming credit card PPI?

I am getting really confused as I am reading different opinions on different threads?

Thank you

K