HFC Bank PPI Reply- Sold to TBI

[madgreek]

Hi All,

I have chased this myself as my claims company in 2010 were about as much use as a chocolate fireguard. Basically HFC apparently made an offer in 2010 via the claims company which I never received. After not hearing I totally forgot about my claim until recently when i contacted HFC bank. Apparently they had made an offer of £2600 but they wanted to pay this to TBI Financial Services. I never received any of this correspondance. I wrote to them challenging this as it according to this forum and other forums not legal to pay a third party the PPI refund. I have taken a photo of their latest letter ( we are going round in circles ) and they state this is their final response. Could someone take a look and advise please as I am not one to let this outfit get away with this.There phrase " we have the obligation to forward the PPI on " is surely not a legal one?

 

[ATTACH=CONFIG]42915[/ATTACH]

[ims21]

The image is too small to read. You need to convert it to PDF and post up the PDF please.

 

Use this method by dx100uk

 

to scan up a file follow:

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try http://www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

 

 

If they have sold the debt then they have no right to set this off against the account and you should insist that they refund it to you or else you will issue proceedings against them for the return of your money.

 

There is case law on 3rd party set-off....Edlington Properties - v- J H Fenner

[madgreek]

Hi, thanks so much for the quick reply. Hopefully this PDF will now be better than the photo?.

[ims21]

Yep they are wrong.

 

If the debt has been sold then they have no right to pass the refund to a third party.

[madgreek]

I thought as much, anyone got any ideas how to extract this money from them...!. I will write back but as I said before they are not playing ball...

[ims21]

Tell them again that they have no right of set-off.

 

Quote them the case law to back up your request.

 

Tell them that if they do not refund the money direct to you then you will issue against them through the courts.

[madgreek]

Hi Letter attached, any builds/ advice appreciated .....

[ims21]

I would remove the reference to them be fraudulent.

 

Also I would replace references to "illegal" with "unlawful"

 

If it were me I would not be "respectfully requesting" I would be demanding.

 

There has been correspondence on this before so if you want to make this a Letter Before Action (as indicated by the end of your letter) then head it as such. You will then have complied with the pre-action protocols for the courts.

[madgreek]

Thanks, changes made....watch this space.....!

[madgreek]

Hi, reply today from HFC regarding the above. Looks like making some real progress but I need some advice as they are wriggling.

Basically a way prior to them selling to TBI , we entered into an IVA but then decided that it was too costly and made arrangements to pay off the debts direct with the lenders. As you will see HFC are asking for some documentation regarding this , however as they sold the debt onto TBI I cannot see how this has any relevance to my claim. Obviously if I am incorrect please let me know. Letter Attached, please advise how to reply to this . We do not think we have any of the documentation they are asking for , but to be honest cannot see why they would require it as they sold the debt.

[ims21]

This is the first mention of an IVA.

 

I assume from what you say that this did not complete and that you pulled out of it.

 

Where HFC one of the debts included in it?

 

How were they dealt with if the IVA was cancelled/terminated?

 

Have you got any documentation about the cancellation of the IVA?

[madgreek]

Hi, Thanks for the quick reply. We did not complete IVA, HFC was included in it, HFC then sold the debt onto TBI who we have been paying, I do not believe we have any docs, but will check the cellar. How does this affect things?

 

[ims21]

Hope its a wine cellar

 

So HFC should already be aware that you cancelled the IVA.

 

When you say you entered into payment plans with the creditors yourself, did you do one with HFC and were any payments made to them under this new plan?

 

Sorry for all the questions...just need to be clear so that we can work out the best way just to hit HFC with a decent response to their whinings.

[madgreek]

I wish I had a wine cellar, after the day I have had!!!

 

I really do appreciate all your help on this.

 

Yes HFC will be aware that the IVA was cancelled. We didnt make any payment plan with HFC, as they literally just sold it to TBI as I received the deed from them. TBI then set up the payment plan with me after a threat of stat demand. No payments were made to HFC whatsoever.

[ims21]

Ok what I would do is write back and tell them that no IVA exists. Make sure you use that phrase and not the word "existed".

 

You then go on to say that accordingly there is no reason to be requesting information that they have suggested in their letter and that you now require the refund of your money forthwith. Tell them that, having previously agreed that they mis-sold you, there is absolutely no valid reason why they should withhold payment and that you require them to refund you within 14 days.

 

If you really want to get strong with them you can add a bit to the effect that you have sought independent advice on this matter and that failure to refund you your money will result in likely court proceedings against them.

[madgreek]

Superb, thank you so much, will fire that off and update you on the outcome. Many Thanks

[ims21]

If you want to post a draft before it goes off you are always welcome.

[madgreek]

Will do, you are absolutely right on the point that HFC had already offered to pay the money to TBI, so why they would drag the IVA up now is beyond me...!, thanks again.

[madgreek]

Hi, Draft Attached. Let me know your thoughts please.

Edited April 20, 2013 by madgreek
File Incorrect

[madgreek]

Hi, apologies the draft letter needed to be removed earlier , but should be back on the thread now

[Fishpie]

Hi Madgreek, your letters are impressive, I am having a similar problem myself, would you mind if I used parts of your first letter? do you have some legal background or just good at writing these letters either way will try to do mine some justice! good luck will watch with interest

[madgreek]

Hi FishPie, You are more than welcome to use any parts you need. I have no legal background and to be honest without the help from this Forum and in particular IMS21, I would have struggled.Good Luck

[ims21]

Hi

 

If help is still needed on that letter when i get home tonight I'll comment then.

[madgreek]

Thanks, that would be great , then I will fire it off tomorrow first thing.

[ims21]

Just little points really...this paragraph

 

Accordingly there is no reason to be requesting information suggested in your letter and X now

require the refund of my money forthwith

 

needs an "I" where I have marked a red X

 

In respect of this..

 

I would also like to convey that I have sought independent legal advice on this matter and that

failure to refund my money will result in likely court proceedings against HFC bank.

 

I would perhaps change it to something like

 

"Having considered this whole matter further and having taken independent advice, I put you on notice that your failure to refund my money to me within 14 days of the date of this letter will result in a formal complaint to the Financial Ombudsman Service together with appropriate Legal Proceedings against HFC Bank"

 

Other than that I think you are good to go.