Is it worth me pursuing a PPI Claim previously rejected by HFC ?

SteveandSharon

To cut a long story short, in 2013 I initiated a PPI claim against HFC using an MSE template to reclaim the PPI payments made to them on three separate loan accounts that I had in the 1990’s.
I still have hard copies of the original signed agreements for two of the loans which clearly show the amounts of life, accident, sickness and unemployment insurance added to the loans. The PPI was paid monthly as part of the monthly loan repayments. One of the agreements has been stamped at the top saying [Paid in Full – HFC Trust and is dated]. The third account is referenced to on one the two agreements as being settled out of that further loan. I sent them photocopies of the original agreements but held on to the originals.
My reasons for the PPI claim were that I was self employed at the time, and I was told I had to take out the insurance cover in order for the loans to be approved.
They replied to my claim stating “On our initial search we have found insufficient information for the three account numbers ….and require the following evidence: Legal agreement (confirming the total cost of the PPI) and all evidence of PPI payments paid” for the three accounts.
I was unable to provide them with a record of the payments that I had made because they were all paid in cash every month over the counter at my local HFC branch by way of a payment books, which I now didn’t have.
Because they requested information that I could not provide I felt I was unable to proceed any further with my claim, and then a few weeks later I received a letter from HFC saying; “Having completed enquiries …and given careful consideration to the information available, I am unable to uphold your complaint…..as we have not received the documentation requested from you……if you remain dissatisfied you have the right to refer this matter to the Financial Ombudsman Service”.
At the time I could not find any other similar cases of claims against HFC so I basically took their word as being final and filed away my documentation.
This has been bugging me for years now especially as I know I had PPI on all three accounts, I still have the documents to prove it. All of the accounts were paid up in full but I am unable to prove I made the payments to them. Surely if any of the accounts were unpaid then they would have records of failing to collect the money from me or of taking me to court?

I anyone can advise me, my questions are (a) Might I still have a genuine PPI case to pursue before the deadline? (b) Are there any time limits that I’ve broken by leaving this so long? (c) Do I have to provide proof of payments? (d) Will it be worth me arguing my case with them again or should I take my case to the FOS? (e) Should I just make a brand new claim against them?

Any help would be much appreciated
Steve

[Deleted User]

It may be worth a follow up if you were now able to provide the evidence they requested, but not otherwise.

You're out of time for FOS. You had 6 months to go to them.

RonoB

Do you know what. You have nothing to lose. Go to the ombudsman. We were knocked back by hfc around 2013 aswell for 3 loans why husband had despite him
Having hard copies they time barred it but he won via the ombudsman. Worse can happen they say no. The. You can put it to bed!

[Deleted User]

RonoB wrote: »

Go to the ombudsman.

OP has no access to the Ombudsman more than six months after his complaint was rejected.

Please don't post inaccurate advice.

SteveandSharon

Deleted_User wrote: »

It may be worth a follow up if you were now able to provide the evidence they requested, but not otherwise.

You're out of time for FOS. You had 6 months to go to them.

For one of the loan accounts the evidence of payment they required was actually stamped on that agreement where it says "Paid in Full and dated". Although their rejection was some time ago should I now not send them a further copy of this stamped agreement proving this evidence they had requested? This was the larger of the three loans, whereas the other two agreements I guess are probably dead in the water because I cannot prove to HFC that they were paid.

[Deleted User]

Does it show the amounts that were paid? If it only says paid in full, that doesn't mean the PPI wasn't cancelled and therefore not paid.

Do you have payments showing on your bank statements?

SteveandSharon

Deleted_User wrote: »

Does it show the amounts that were paid? If it only says paid in full, that doesn't mean the PPI wasn't cancelled and therefore not paid.

Do you have payments showing on your bank statements?

The 'paid' stamp only says "Paid in Full - HFC Trust & Savings Ltd - Date 09.01.97"
It does not say the amount paid but I know I didn't cancel the insurance and wouldn't have thought it was possible for me to cancel the insurance at the time.

The agreement sets out the amount of insurance to be paid, the interest added, it's total amount, and it's monthly payment amount that is added to the monthly loan amount, along with the total figure of the two combined.
As the payments were all made in cash at the branch it would only be the payment book, which I do not have, that would confirm the payments I made.

[Deleted User]

SteveandSharon wrote: »

The agreement sets out the amount of insurance to be paid, the interest added, it's total amount, and it's monthly payment amount that is added to the monthly loan amount, along with the total figure of the two combined.

Unfortunately this is not the evidence you (and the Bank) require. For example, the PPI stated on the Agreement could have been cancelled within the first thirty days "cooling off" period and even the loan itself may not have run fully to term. What you remember yourself of not cancelling the insurance (two decades ago) is also not documentary evidence I'm afraid.

SteveandSharon wrote: »

Although their rejection was some time ago should I now not send them a further copy of this stamped agreement ?

If you do, you can expect a terse reiteration of your original rejection and the Bank will not allow further access to the Ombudsman as this is not a new complaint. Basically, you have nothing to new to offer that was not in your original rejected complaint.

By all means send your complaint again (as one poster above suggested), but expect nothing and you won't be disappointed.

SteveandSharon

Thank you for your replies which I guess have now put me in the picture. It looks like I’m well stuffed because I cannot prove to HFC how much money they took off me. It was a known fact that HFC shredded all their historical evidence just before the PPI reclaiming began, presumably so they could say they had no records of the accounts and then put the onus on the customer to prove such transactions took place.
This was a very clever and devious move on their behalf, but surely this was and is unfair practice by HFC in order to put their customers at an unfair disadvantage when they came to reclaim the missold PPI they had paid?

Should I ask them for a SAR to see if they are deliberately withholding information on my previous accounts?

AnotherJoe

SteveandSharon wrote: »

Thank you for your replies which I guess have now put me in the picture. It looks like I’m well stuffed because I cannot prove to HFC how much money they took off me. It was a known fact that HFC shredded all their historical evidence just before the PPI reclaiming began, presumably so they could say they had no records of the accounts and then put the onus on the customer to prove such transactions took place.
This was a very clever and devious move on their behalf, but surely this was and is unfair practice by HFC in order to put their customers at an unfair disadvantage when they came to reclaim the missold PPI they had paid?

Should I ask them for a SAR to see if they are deliberately withholding information on my previous accounts?

You need to make your mind up if they shredded them all so they dont know, or are conspiratorially lying to you and have a cupboard full of documents proving they owe you a couple thousand pounds they are risking huge fines by concealing.