Rascal v. Marbles (HFC)

[rascal]

I went the Loooooong route on this and am waiting for news on my appeal with the FOS

but in the mean time contacted HFC directly and am now going the court action route.

 

They have until 15th of December to investigate my claim under the FOS guidelines of 12 weeks.

 

What are the chances of them settling around then?

It's for around £1500,

I am unsure of the next step if I don't hear anything

- I've got a number to call which will be my first stop but after that do I sent a letter before action,

wait 14 days then send another then start court proceedings?

 

Ive never had to go this route with PPI I used moneyclaim online for successful claims on bank charges didnt know if this was the same route to take?

 

Thanks

[ims21]

Hi

 

HFC gave me their decision right at the 16 week deadline (as it was then) so hang on and you never know.

 

Did I read it right that this is with fos as well?

 

ims

[dx100uk]

have done a spreadsheet?

 

dont let HFC get away with no int

 

use:

 

fill in

cols

a.b.c

for EACH PPI payment your made

 

and put their purchase rate int in D10

 

dx

[rascal]

Yes it's been with the FOS for about 18 months now

- such a long and tiresome process am still waiting for result of my appeal which has been in the queue for the best part of a year.

 

I successfully claimed ppi charges wtih M&S, Barclays etc. without ever having to go the next step or ever having to go via FOS

they were pretty straight forward actually.

 

Would be so lovely to receive a settlement before Xmas! - wishful thinking?!?!? -

 

my worry is that they will say that the FOS upheld the complaint etc.

although the decision from the FOS did say that it did believe I was missold it just didnnt agree that I shoudl be compensated

which was conflicting in my opinion.

 

It also went on to say that it didnt prohibit me from taking legal action which is what I have started.

I kept all my docs from the original SAR so was able to go to them directly and say "oi... this is what you owe me ccan I have it back please?" -

 

I called them a few days back and they said it was still in the queue but they acknowledged my deadline of 15th Dec.

[rascal]

Thanks for the spreadsheet will dig the statements out and do this tomorrow evening.

[dx100uk]

urm very rare for the FOS to side with hfc

 

what was the excuse?

 

dx

[rascal]

Without looking at the piece of paper word for word - from memory it just said that although it believed payment protection had "most likely" been missold it did not feel that I should be compensated, I was able to prove that I had other insurance policies that would have paid out on illness, death and unemployment and still they didn't take my side - I had to fill out a tiny postcard giving a brief description of why I felt the ruling was unfair if I wished it to be seen by someone else and that is what I am waiting on - it's been over 12 months in that queue now and when I periodically call I am told that it is still in the queue..... that's why I decided to go this route now.

[rascal]

I was supposed to hear by the 20th regarding final settlement on this from HFC (Marbles) - I called them today and apaprently a letter went out on the 16th but my claim has been rejected - the lady on the phone couldnt tell me why but said to wait for the letter - my post has been and gone and no letter - what is the next step?!

[ims21]

As the post can be a bit slow this time of year I'd wait a few more days so you can find out their reasons for declining you rclaim

 

ims

[rascal]

So frustrating. Can I ask what the difference is between using an N1 claim form and moneyclaim online. With all my other bank charge claims etc. I only ever used MCOL. I presume they are going to say they rejected it because of me already using the FOS route??

[dx100uk]

mcol does not give enough room to file a proper claim text

 

dx

[rascal]

I got my letter through from HFC today:

 

I understand that you feel this Insurance was mis-sold to you and you are requesting a full refund of all premiums charged, plus 8% statutory interest.

 

You have entered into an IVA and have agreed with HFC Bank that you owe money but asked us to accept less than we would actually be entitled to. You made no intention of your PPI complaint at the time.

 

You are therefore prevented from now changing your position by saying you do not owe the debt after all but that you dispute some of it as you were mis-sold PPI.

 

Whilst I accept that this letter will not provide the response that you had hoped for, I trust that I have been able to clarify HFC Bank's position.

 

Should you wish to contact FOS etc. etc.

 

 

 

My thoughts are:

 

I entered into the IVA in 2005 and it has since been settled - in my final year of IVA I actually declared myself bankrupt but have no been discharged well over a year. Just after the IVA was started HFC sold the debt to Max Recovery so when I went bankrupt they were the company listed as my creditors. I cancelled my PPi as soon as I realised just how much it was costing me each month - I never knew back then that you were able to seek a refund.

 

I've claimed back from various other companies - Marks & Spencer, Barclaycard etc. after my bankruptcy and IVA so surely they are just using this as a delay tactic?

 

Opinions and advice please!

 

Thank you.

[ims21]

What a ridiculous statement to the effect that "you didn't mention it at the time". Back in those days people didn't know the scale of ppi mis-selling and it is only since the JR this year that even more have become aware.

 

Their response in my opinion is a joke.

 

You can either write back to them, reminding them of their fine for mis-selling as one of the biggest sinners in that area and stating that your IVA arrangment does not let them off the hook for mis-selling you something and then deciding to keep the money.

 

Or you can pass it to fos

 

Or you can sue them

 

ims

[rascal]

Oh Im not scared, I presumed this would be some sort of tactic to scare people off - fact of the matter is my PPi claims have made up a third of the total of my initial debt - had I not had the b@stard payments in the first place I "probably" would never have had to go the bankruptcy road in the first place. Shall I go straight to N1 claim form? I've not looked at the form in detail and I've got to research some posts regarding particulars of claim but is there anyone that has been in similar position i.e. use of a debt management company etc. Do you think it's worth giving them a call back and seeing if they will discuss it? Before the N1 claim form do I have to do a letter before action?

[ims21]

First, if it were me I'd do it myself.

 

Yes there are many threads on here about PPI in court.

 

I wouldn't be trying to deal with this on the phone...writing only so you have a paper trail.

 

Yes lba should always be sent

 

ims

[rascal]

Is there a template for letter before action?

[ims21]

lba is the same as your first letter but with a final paragraph to the effect that if they do not repay you within 14 days you will issue proceedings in the county court.

 

Send another copy of your spreadsheet with it.

 

Head it "LETTER BEFORE ACTION"

 

ims

[dx100uk]

ttypical crap from HFC as usual.

 

i would also mention that it has come to your attention that HFC was specifically fined £1.8M for the mis-seling of PPI

concerning the exact period your loan was given.

 

should i hear nothing positive within 14 days, i will progress actions against you toward the involvement of the fos and/or court, without further notice.

 

dx

[rascal]

Marbles haven't responded to my first LBA - does the second one have to mirror the first one? I enclosed two spreadsheets with my initial LBA as my APR's changed half way through the agreement so I broke the charts at the point this happened so as to show the correct figures.

[ims21]

Marbles haven't responded to my first LBA - does the second one have to mirror the first one? I enclosed two spreadsheets with my initial LBA as my APR's changed half way through the agreement so I broke the charts at the point this happened so as to show the correct figures.

 

You don't issue more than one lba.

 

If they ignore an lba then the next step would be to get on with issuing the court claim.

 

Also you only need one spreadsheet with the average of their rate of interest. If you want to go for a higher rate of interest in restitution you can do so and have a read of No.4 in my signature

 

ims

[rascal]

Ok im going to go ahead and start with the N1. I just noticed that you can't save data as you type it. I just had a very brief look at it - are there any examples of the text to be inserted in "brief particulars of claim" and also in the "value" box do I just put my total value of claim or do I have to construct some sort of formulae to show how I have come to that figure? Do I just take this along to my local county court, pay the fee etc. then sit and wait? I live fairly local to a county court so that's not a problem. This is where it starts to get daunting for me. How long should it be until I receive a hearing date? Thanks.

[ims21]

See post #11

 

MCOL is not the appropriate course as you won't have enough room for the particulars of claim.

 

Best to do proper, paper Ni and attach a full Poc

 

ims

[rascal]

Thanks ims. The N1 is the form that I was looking at http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n1_0102.pdf - I'm RUBBISH at all the legal garb in terms of writing out particulars of claim etc. is there anyone that can help with this? Ive looked at a few threads on here and can cut and paste etc. to reflect my own case - would that be ok? my questions in my previous post are regarding the calculating of the sums owed - obviously Marbles have got a copy of my spreadsheet listing what I am claiming etc. but am unsure how to incorporate this on to N1.

 

Ta.

[ims21]

Best to print off/save a copy so you can complete it. Refer to your particulars of claim in the N1

 

Decide what interest rate you are going for

 

Refer to S32(1)© if your claim goes back more than 6 years and incorporate that in your PoC. Case law is Kleinwort Benson -v-Lincoln City Council

 

If going for interest in restitution refer to Sempra Metals -v- Commissioners of Inland Revenue

 

Prepare full PoC... you can get some information here and the links within

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?123886-POC-for-PPI-Do-we-have-any

 

Prepare an updated spreadsheet.

 

When you have done your PoC you can post it up and we can get it looked at.

 

ims

[rascal]

Question - how do I work out the average APR one part of sheet is for 14.9% and the other is 16.9% - I presume these figures are correctMarbles16.9.xls[/ATTACH] can someone check these spreadsheets for me please?

Marbles14.9.xls