Deadline

KIMY

Many thanks if no definite response on or before 31st August l will email. Thanks for you advice will update you as soon as any news

KIMY

Received e-mail from my adjuicator yesterday (more confused)

HFC have already initially responded that they are not upholding your complaint as they no longer have any documentation from the point of sale. However, they have until the end of August to review their position and confirm whether they will continue to defend your complaint against them. After this date I will assume that they are defending the complaint and will speak to an expert about whether your complaint is one we can look at as there is no documented evidence
My response

Many thanks for the response, however my intial complaint was based on that they state they have no documentation but they do have this on there computer system as in my statement l stated dates information given on telephone conversation with HFC . I have never disputed signing for PPI but at point of sale l was advised that l had to have to this to have my loan application approved. When l spoke to you about 2 months ago you said you where going to do some homework and research on what l would have paid. I am grateful for your help but l feel strongly because HFC are deceiving as no they may not still have original documentation but they certainly have all information on microfiche or film
I am very dissappointed that l am still in same position as l was fourteen months ago when this went to FOS and appear to be no further forward
Can you advise if the transcript of phone conversations in April last year with HFC have been requested as they will prove they have all information or they destroyed after SAR requested.
Adjuicators response:

I am sorry for all the delays which have occurred. Unfortunately, around the time that I began to investigate your complaint, HFC Bank confirmed that they would be telling us which cases they would be defending and which they would be upholding after reviewing the complaints they had with us. Unfortunately, this meant that I could not continue investigating your complaint until I received a response as part of the arrangement.

HFC Bank has told us that they have no point of sale documentation, and you have also not been able to provide any documentation which shows that you had a PPI policy with HFC Bank. This makes it difficult for us to investigate whether a policy was missold as there is no real evidence that a policy existed. I understand your complaint and I will be contacting HFC Bank to attempt to retrieve the call once their response time is up.

I just seem to be going around in circles, any advise.

magpiecottage

KIMY wrote: »

This makes it difficult for us to investigate whether a policy was missold as there is no real evidence that a policy existed. I understand your complaint and I will be contacting HFC Bank to attempt to retrieve the call once their response time is up.

I am afraid that appears to give you a problem.

There is an old principle that he who asserts must prove. For FOS that means the evidence must show that it is more likely than not and not simply equally likely, that it a missale took place.

As things stand, you do not appear to be able to prove that it was more likely than not that a policy even existed, let alone that it was missold, so I think it likely that FOS will feel forced to find in favour of the bank.

This may sound harsh but if you think about it then it must be so, otherwise anybody and everybody could complain about missold policies and banks would be forced to pay unless they could prove the policy never existed (which of course the couldn't) so the entire banking system would collapse.

KIMY

Many thanks in theory you are 100% correct but this all started because l could not find the loan agreements and contacted HFC who gave me over the phone all account numbers and the information on the 2 accounts that had PPI on them. I Then requested a SAR and received a phone call asking me to send proof of ID. Four weeks later received a letter stating as over 6 years could not and would not release any documentation. My arguement is they had and still have all information electronically and have even advised me the only account that did not have PPI (Dixons card) of which l know. I do not deny signing for PPI on both accounts but on both occassions it was in local HFC branch and although we advised with our jobs this was no use to us we where told if we did not take these out are loans may not be approved.
My case is based on the fact they do have all this information although not paper based but electronically. I feel so angry about there deceit l will take it all way to Ombudsman if my adjuicator does not uphold.

KellyM_3

HSBC couldnt find my paper work either but once it was with the Adjudicator it seemed to move along quite quickly and I was never told that missing a paper copy of my contract was going to cause an issue. (She was allocated to my case on 16th of June and by 3rd of August I was advised that it was being upheld and an offer had been sent to the FOS for review)

KIMY

Thanks Kelly, really not feeling confident now but you never know. I think HFC are just using this as they know l had PPI and have all details electronically. If they had not confirmed on phone and give me all details l certainly would not be pursuing as Magpie Cottage so rightly states anyone could claim for PPI if no prove was required. Any news will update you.

Just had a call fro HFC who have stated that they will not be uphole my claim and they have addressed the person who gave me the information as it is over 6years ago they only hold electronically so l basically cant prove was missold. I will still pursue this with Ombudsman as in my opinion they admit they have all info and l admit taking PPI but only because wasx missold

KIMY

Can anyone advise received a letter from HFC yesterday stating there PPI dept would be advising the FOS with regards my PPI claim, but they had investigated why they had advised me all details of accounts over phone and then stated records destroyed . They apoligised because apparently l should not have been given details over the phone as account closed over 6 years. Then went on to say that the SAR was requested in April 2010 and one account records destroyed in June 2010 and other July 2010. Surely they are admitting they had all my paper records in April when requested by SAR but destroyed in June and July ?
I am confident they are still going to not upheld my claim because they are stating all paper documentation destroyed even though they have on system exactly what upfront PPI l paid.
Any advice appreciated