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PPI forum - non PPI discussion thread

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  • marshallka
    marshallka Posts: 14,585 Forumite
    edited 28 July 2009 at 6:45PM
    di3004 wrote: »
    OMG.........I am literally stumped here..........

    I am so sorry to hear this Marshallka, omg what do I say?

    This is one that has been with them for well over a year and now you get this reply after all this time!!!!!!
    Glad you did not quote it Di:o. Just needed to get it down on paper so to speak and tell it like it is. I am still waiting for the outcome of the meeting today but apparently there are about 200 complaints like this and they need to establish the relationships of some of these lenders/brokers to the insurer. (although I cannot see how this matters for unfair rebate unless they are saying that the rebate should have been explained by the seller although this was a non advised sale apparently - I just don't know now!!!) Its about being agents but it is very complicated he said. I don't understand myself really but he did let me speak (without speaking back though) and then kept saying he would get back. I think he sounded very negative in it. I was perhaps told the wrong thing by the other manager some time ago.

    Oh well. Again I just need to hear this and then I will 100% give up on it as I am exhausted with it. In the meantime I may have a word with a solicitor to try to help but last time I was told that I needed the Ombudsman to complete what they were doing first. As far as i am aware I am time barred now.:eek:
  • di3004
    di3004 Posts: 42,579 Forumite
    Not a problem Marshallka I understand.;)

    You have been running in circles with this one and it has taken all this time for this result so far, how you have stuck it out I do not know, but I know I could not have done.

    In my opinion they should still consider this, it is still a complaint and its a lot of money there.
    That does go to show "200", they should surely deal with this.
    I do find it all confusing though as well, but I could not have put up with it, I've not the patience, so must give you credit for this Marshallka, you have held out this one out very well.
    I just pray to god they can do something.
    The most frustrating thing is - is being told that it's one they can deal with and then they cannot and so on that would do my nut in :mad:.

    Can you check on the CAB for a solicitor on this one otherwise, does your local CAB have a solicitor free of charge a few times of month?
    Just a thought, we have one here I think twice a month.
    Fingers crossed.;)XXX
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    Not a problem Marshallka I understand.;)

    You have been running in circles with this one and it has taken all this time for this result so far, how you have stuck it out I do not know, but I know I could not have done.

    In my opinion they should still consider this, it is still a complaint and its a lot of money there.
    That does go to show "200", they should surely deal with this.
    I do find it all confusing though as well, but I could not have put up with it, I've not the patience, so must give you credit for this Marshallka, you have held out this one out very well.
    I just pray to god they can do something.
    The most frustrating thing is - is being told that it's one they can deal with and then they cannot and so on that would do my nut in :mad:.

    Can you check on the CAB for a solicitor on this one otherwise, does your local CAB have a solicitor free of charge a few times of month?
    Just a thought, we have one here I think twice a month.
    Fingers crossed.;)XXX
    This is from the Ombudsman on insurers, agents etc and jurisdiction issues.

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/10/oct-insurers-int-andtheservice.htm

    I have been in touch with a few solicitors before to tell you the truth but as I had this with the Ombudsman service they told me to get back if they cannot help and at the time it was becoming more positive in them helping so very confusing. I have not had a definate "NO" though yet although they are sounding more and more like it through the saying of "very difficult" and we need to find this out and that out. I just expected at least for them to get us a 78% pro rata rebate even if without the interest (if they HAD to) which would have been a couple of grand, anything else would be nice but even the couple of grand seems a lifetime away.

    Have to have my positive head on again for now. Just have to wait until they get back I suppose. Each one of the 200 cases are similar and each one is in the pipeline but there are issues surrounding them. I think it explains it well in the link above.
  • di3004
    di3004 Posts: 42,579 Forumite
    Just went to find a letter from the FOS in regards of mine, I posted it last November on here, but I did not bother in the end, mine was not for that much really, well nothing compared to yours anyway, but here is it here...............

    Dear Mr & Mrs XXXXX

    YOUR COMPLAINT ABOUT "ENDxxxxxR PERSONAL FINANCE
    INSURANCE UNDERWRITTEN BY HAMILTON INSURANCE COMPANY LTD.

    Thank you for sending us your complaint form.

    I enclose a leaflet which explains how we can help to resolve complaints.
    As you will see, before we can look into a complaint you must have first have given the business concerned a chance to put things right.

    I have looked at the credit agreement that you have supplied. It would appear that the insurance was provided by Hamilton Insurance Company and generally it is the insurer that is responsible for the rebate.

    I have therefore sent Hamilton details of your complaint and have asked them to deal with the matter. They should issue a final response in writing by 8 weeks of the date they hear from us.

    (then Hamilton's addres details).
    .......................................................................................................
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    Passed from pillar to post.........then received this letter:


    Dear Mr & Mrs

    12 November 2008

    Your complaint about HFC Bank Limited

    I refer to my letter of 04 November 2008 in which I advised you that the complaint would be registered against Hamilton Insurance Company.

    I have received a response from Hamilton Insurance who is now part of Norwich Union.
    The firm have advised me that the insurance rebate is a matter for the HFC Bank to address as it falls solely within their remit.

    I have therefore sent HFC your details of your complaint and have asked them to deal with the matter.
    They should issue a final response in writing within 8 weeks of the date they hear from us.

    For your information the HFC banks Address is:

    Mr Siggers
    HFC Bank Limited
    120 Edmund Street
    Birmingham
    West Midlands
    B3 2QZ

    On receipt of HFC Bank's final response, if you feel that they have not put things right, or alternatively you have not heard from them after 8 weeks, please return the complaint form together with any other supporting documentation.

    Yours sincerely
    Consumer Consultant.
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    Then this here..........


    27 November 2008

    Dear Mr & Mrs xxxxx

    Reference account number xxxxxxxx

    Thank you for your email to Mr J S dated 26 November 2008.
    I am sorry to learn of your continued dissatisfaction. In accordance with the bank's complaints policy, your details have been forwarded to me for my independent review.

    I would like to confirm that the rebate you were given for your insurance upon settlement of you loan was £1,533.69. This was calculated using an industry standard method in banking known as the "Rule of 78". I have enclosed a document explaining how the Rule of 78 is calculated, which was also included in your borrowers guide leaflet presented to you upon completion of your loan with Endeavour Personal Finance
    (EPF).

    Following a further review of the points raised, I must inform you that EPF's position regarding your complaint remains as stated in previous correspondence issued to you on 12 August 2008 and therefore I have nothing further to add to this matter.

    I must advise that you have now exhausted EPF's internal complaint procedure and no further correspondence will be entered into regarding this matter.
    Any correspondence received from you concerning this matter will be read and filed but not responded to.

    Your comments regarding the Financial Ombudsman Service have been noted: however EPF did not fall under the jurisdiction of the Financial Ombudsman Service prior to 6 April 2007.
    As your complaint relates to an issue that occured prior to this date, we believe they may not be able to adjudicate on this matter.
    It is important to clarify that whilst HFC Bank owns EPF, the products offered under each brand are different and as such, are subject to differing arbitation services.

    Yours sincerely

    Department manager
    Central complaints Consumer Finance.
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    Its !!!!!!!! isn't it. I realise the companies are going to pass the buck and expect it BUT I also expect the Ombudsman Service to actually KNOW what they are on about. It even states on their site "please get in touch if you are not sure who your complaint is to". Its so sad when we had no protection from these authorities at all.
  • pinknico
    pinknico Posts: 3,261 Forumite
    Really sorry about this Marshallka, how they have taken this long to get to this conclusion is beyond me, it is almost cruel.
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • marshallka
    marshallka Posts: 14,585 Forumite
    pinknico wrote: »
    Really sorry about this Marshallka, how they have taken this long to get to this conclusion is beyond me, it is almost cruel.
    They still have not actually said "no" but have said that i will not win on the rebate thing but they were having a meeting cause i have argued things naturally. It is cruel but its also life i suppose. I feel mad in a way cause i am always in limbo not knowing one way or another. All i have been told is that some manager has reviewed it and they have written that i would most probably lose with the rebate one BUT they are trying to determine the relationships issues of agents/insurers. If this is the case then perhaps its because the insurer would state that this was all explained by the broker/lender or explained in full in a leaflet. The problems there are that the broker stated if was "non advised" and before i settled there is a phone call in firstplus transcripts of me asking why the settlement is so high and they say that you had details of the this upon taking the loan out and me then stating I had nothing. This was in 2002/03 before anyone had heard of PPI reclaiming. I am arguing that NOTHING was given to us when we took the loan out.

    Just have to hope for a better respone next time we speak but he did state that this was very difficult to put forward. I then said that i had a loan then with no protection from anywhere in authorities and he said "well yes" we can only look into things in our jurisidiction. :confused:
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    Its !!!!!!!! isn't it. I realise the companies are going to pass the buck and expect it BUT I also expect the Ombudsman Service to actually KNOW what they are on about. It even states on their site "please get in touch if you are not sure who your complaint is to". Its so sad when we had no protection from these authorities at all.


    Yes it is Marshallka and like Pinknico said, it's very cruel as well.

    It's very frustrating..........:mad::mad:
    The one and only "Dizzy Di" :D
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