HFC Bank Curry's PPI

[tenant87]

Hi all,

 

a previous credit agreement i took out a few years ago for a cooker through curry's which was financed through HFC,

i was mis old the PPI on the loan because i do remember the conversation and was told that the product was an added benefit that i wouldn't have to pay for,

and as i was a full time student at the time i was only able to make the bare repayments on the product itself,

so am i right in thinking that as i was a student i wouldn't have even been able to claim on the PPI thus compounding that it was mis sold?

 

The problem is the Loan was cleared around 3 years ago and i have no record of the account number,

i just know which branch of curry's i took it out with, that it was with HFC and which addresses it was registered to,

 

i want to pursue this PPI claim without the reclaim companies but i am looking for step by step advice if someone could help

i would really appreciate it, i think my first step is a information access request or something like that, is this right?

 

Tenat87

[ims21]

Hi

 

Yes absolutely correct.

 

Subject Access Request (SAR) to HFC. Cost is £10 and they will have 40 days to comply.

 

There is a template for SAR in the CAG library, the link to which is at the top of every CAG page in green.

 

Make sure that you add a line that says it is to include copies of all and any agreements you have had with them.

[tenant87]

Hi

 

Yes absolutely correct.

 

Subject Access Request (SAR) to HFC. Cost is £10 and they will have 40 days to comply.

 

There is a template for SAR in the CAG library, the link to which is at the top of every CAG page in green.

 

Make sure that you add a line that says it is to include copies of all and any agreements you have had with them.

 

 

As i dont know the account number or account reference what information is best to give, addresses and names etc? Is it worth putting the particular branch of curry's in the letter?

 

tenant87

[ims21]

Yes of you give your full name and the address(es) you were living at when the loan was taken out and while it was active that should be enough for them to find your data.

[tenant87]

Hi i've received a reply from HSBC who own all the HFC accounts past and present. They said that i would have to resubmit with ID, but I'm reluctant to send them an original, it does say that they'll accept a photocopy if its signed by a lawyer, fsa certified financial advisor, bank advisor, manager etc... is this normal?!?!

[ims21]

When I did mine I sent them a photocopy of my driving licence with signature and picture blanked out. No certification by anyone. They sent my stuff.

 

Alternatively tell them to send the data to a local HSBC branch and you will collect it and provide ID when you do so.

 

Also tell them that you are lodging a complaint with the ICO for being deliberately obstructive.

[tenant87]

i thought it was a bit of a ridiculous request seeing as i sent them a cheque with my details on it. But i will send them a copy of my passport with my photo and signature blacked out. Is there anything in particular i need to send again?

 

Tenant87

[ims21]

No just enclose a reminder letter that the clock is ticking, that you have provided more than adequate ID and that failure to meat the deadline will result in a complaint to the ICO and possible legal action to force compliance with the Data Protection Act.

[tenant87]

Hello,

after my last post I sent HSBC/HFC the exact same letter with a small paragraph saying that I will be complaining to the ICO

as it has been deliberately obstructive and sent a copy of my passport with my signature and face blanked out.

 

I have had another letter simply saying the same stuff about HFC and other accounts being managed by HSBC

and they received my letter on the 1 of August and that they've now forwarded it to their complaints department for further investigation.

 

Is it me or is this a ridiculous amount of back and forth and they are also close to their 40 days, also is it 40 standard days or working days?

 

Tenant87

[ims21]

As far as I am aware, HFC are a data controller in their own right and therefore must respond to your SAR.

 

Since you have been given the runaround, on day 41 I would lodge that complaint with the ICO and send them copies of all correspondence you have sent to the bank and the missives you have had back.

 

I would also write to the Data Controller of HFC and request his/her name.

 

In that letter point out that you require that information since you intend to make it known to a Judge if

and when court proceedings are started to force compliance with the Data Protection Act.

 

Tell them that if you do not receive your data within 14 days of the expiration of the statutory 40 days you will put them on notice of a further 7 days to comply before you issue proceedings.

 

By the way, it is 40 calendar days for compliance.

[tenant87]

Are there any templates available for either of those letters?

[ims21]

No.

 

Templates are not really the way to go with this but of you have a go at composing your letters and post them up here you can get them reviewed prior to sending.

 

I have given you an outline of the points to mention...have a crack at it.

[ims21]

Actually that is not strictly true....here is a failed SAR template. You can adjust it to request the information I mentioned and let them know that they have not complied.

 

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

[tenant87]

Hello, just an update on this scenario.

 

I sent HSBC a letter stating that i had complained to the ICO and i requested the information one final time as well as asking for their data controllers name

and have yet had no reply.

 

I had an acknowledgement from the ICO but as of yet i have not had any info. Im getting slightly frustrated.

[tenant87]

Hi

 

can you help me as i feel like im standing still with this issue,

 

i know the value of the original loan was £500 but taking into account the cost of interest

and the ppi when it was added and obviously the compund interest im not sure what i should be aiming to claim for,

 

as i've read elsewhere that people are pursuing with claims without all the information?

 

the payment plan length was 48 months,

 

and it was with curry's so im guessing interest was around 29.9?

[ims21]

The ICO complaint may take some time but at least they have it and will deal with it.

 

You can, if you wish, sue in court or non compliance and thus force the bank to comply.

 

How long ago was this loan paid off?

 

If you have statements showing the repayments there may be a reference number on them which might be the account number.

 

As you have no documentation for the loan itself you are a bit kippered at the moment hence the need to get that data out of the bank.

 

If you put in a PPI claim the bank are likely to come back and say they cannot trace an account for you (which is what they have done with the SAR) so it would be best to focus on getting your data.

 

Has there been any further update from the ICO? Have you been in touch with them since their acknowledgement of your complaint?

[Hortz]

Hi can you help me as i feel like im standing still with this issue,

i know the value of the original loan was £500 but taking into account the cost of interest and the ppi when it was added

and obviously the compund interest im not sure what i should be aiming to claim for,

as i've read elsewhere that people are pursuing with claims without all the information?

 

the payment plan length was 48 months,

and it was with curry's so im guessing interest was around 29.9?

 

Loans don't get compound interest added to them.

 

That's a credit card thing.

 

They usually have an APR and interest is charged to the account typically monthly.

 

I think you're barking up the wrong tree with this one.

 

If I understand you correctly, the loan and PPI was sold in a Currys branch by a member of their staff.

 

Therefore, it is Currys who you should be complaining to.

 

sending a SAR to HSBC/HFC is pointless unless you want a copy of the paperwork first.

 

All the information you need to complain is your loan account details and reasons for complaint.

[tenant87]

Hi Hortz the loan was sold in a curry's branch but the loan itself was underwirtten by HFC bank,

the PPI was sold a few months after over the phone,

 

however it was not explained that i would have to pay for it

and i was student full time so it was mis sold altogether.

 

Curry's in this instance are the broker so although they sold the loan HFC now administered by HSBC are the ones

i need to complain to as the issue is with the creditor,

 

also i thought for any PPI claim there is compound interest added regardless of the type of credit,

 

because it is to represent the loss of money you have paid out unkowingly.

 

I want the papaerwork because i only have the loan amount.

 

ims21 the ICO contacted me on the 16th to confirm the had received my complaint

so i will wait until 30 days has passed from that date before i make any further queries because as you say,

at least the complaint is with them.

 

The loan was paid off 3 years ago.

 

Tenant87

[dx100uk]

take your PPI complaint to curry....?

 

I've had 4 like that with HFC all upheld.

 

pc, laptop. TV & Sony HDD player

 

nothing at all to do with the retailer!!

 

dx

[tenant87]

How would i go about complaining to Curry's?

[dx100uk]

you DONT

your claim is with HFC

 

if you look at the agreement

you'll find the PPI box was pre ticked [typed X]

 

that's how all of the HFC paperwork to curry's etc was shipped.

 

dx

[tenant87]

you DONT

your claim is with HFC

 

if you look at the agreement

you'll find the PPI box was pre ticked [typed X]

 

that's how all of the HFC paperwork to curry's etc was shipped.

 

dx

 

 

Sorry,

i completely read that wrong thank you :-S

 

The info i have from my CR is that the opening balance was £502,

the repayments start off at £9 ppm then increase by about a pound every 3 months say,

yet it states the regular repayment was £17?!?!

 

I'm guessing they don't need to record information on the interest with the CRA,

 

as i remember the monthly repayment coming to about £21 so would this be with the inclusion of PPI?

 

The account number is listed but only the last 5 digits the rest are blanked with an asterix,

 

should i contact HSBC once more with these details?

 

the date of the first payment was 03/2006 and it was settled on 03/2010

[dx100uk]

lets resit this shall we.

 

who did you send the SAR too?

 

dx

[tenant87]

I sent the SAR to the address listed on the HFC PPI sight which google directed me to.

 

They replied asking me for further identification like a photocopy of my passport or a verified copy. I sent them this with my signature and photo blacked out, i stated that i felt this was deliberately obstructive and the only reply i got was saying they had sent my details to there complaints department.

 

The 40 days had past and i sent them one final SAR request giving them 7 days to comply and then i heard nothing. I sent my complaint to the ICO and they replied on the 16th of september saying that it can take up to 30 days for a reply so at the minute I'm playing a waiting game. I suppose i just feel i could be doing more.

[dx100uk]

what address

 

dx