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


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  • 1 month later...
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Hi

 

So SAR information has not yet arrived....if that's the case wait for the information. If they are outside the 40 days then send them the failed SAR letter from the library.

 

Problem is that with accounts this old they may have destroyed the data as they say.

 

Have you not got anything else on these loans apart from what you guess are account numbers?

 

it may be best to file the other three with fos in the manner they suggest since without information and evidence that you were mis-sold I don't think court is the way to go given that the onus to prove mis-selling will be on you

 

ims

 

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  • 2 weeks later...

Hi

 

Responding to PM

 

If it were me I'd make a pest of myself and send them the failed SAR letter. You can amend it to say something along the lines that they have refused to provide your personal data and have used the excuse that it has been destroyed. However they have not provided any evidence of this event by way of the certificates of destruction. Until such time as they provide you with evidence of destruction you will assume they they are holding your data and refusing to part with it.

 

You will also bring this to the attention of fos

 

That will then be brought to the attention of the ICO by way of formal complaint against the bank.

 

You can issue proceedings for compliance but as has been said before, it may well be that due to the passage of time the records have been destroyed.

 

Handing over what information you do have to fos won't hurt but see what they come back with the failed SAR approach.

 

ims

 

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  • 2 weeks later...

I would say formal complaint to HFC head office marked Private and Confidential for the CEO telling him of the incompetence of his staff and also telling him that you have made a formal strong complaint to the ICO about the conduc of his institution and the flagrant breaches of the DPA

 

Give him 7 days to respond

 

ims

 

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  • 5 months later...

Hi

 

I have to agree with dx....get fos involved and see what they say.

 

HFC seem to be sticking to their guns. For accounts closed more than six years ago they may be right.

 

It might also be worth involving the ICO too.

 

Due to the age of the accounts you might not get anywhere but you might as well take it to the end with the official channels.

 

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  • 3 weeks later...
  • 1 month later...

The Personal Loan Plus product was/is a revolving credit account where the PPI was based as a percentage of the outstanding balance from month to month.

 

From the list of payments you made to the account you will not be able to work out what the PPI charges were.

 

You are under no obligation to deal with this chap on the phone and they should make you an offer in writing. In which case I would be writing to him again and tell him so.

 

You will have to take a view on any figure that results from this complaint since HFC seem to be digging in.

 

I would, however, be putting a case together for fos anyway for the way you have been treated.

 

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Monthly payments were 1/30th of the outstanding balance each month according to info from CAG member Scoobydoo (see below). Direct debits would have been minimum payments I would have thought. Is it then poosibble to roughly figure PPI?

 

Only you will know whether you paid just the minimum each month.

 

If you are sure you only paid the absolute minimum each you might be able to take a stab at the premiums but that's all it will be. You won't be able to calculate the interest charged or the 8%.

 

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Let's call the minimum payment x.

 

If you only paid the minimum and if the minimum payment was 3% of the balance then...

 

Balance = x / 3 x 100.

 

If ppi was 0.69% of the balance then apply 0.69% to the calculated balance figure.

 

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  • 1 month later...

So does the transaction history confirm that only 4 premiums were paid?

 

If it does then it would appear to be an accurate statement from them.

 

Do you feel that the transaction history is not accurate?

 

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