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Good afternoon

 

I am about to start two claims against the Halifax for 2 separate personal loans. In both cases, Halifax refuses to pay back the PPI stating that an IFA is responsible for this. There are 2 different IFA names and I can tell you right now, I have no idea who one of them is. The other one was known to me but the insurance in both cases is through the Halifax and was not explained or requested. Do I put both the Halifax and the IFA name on the POC as joint defendants? I know the IFA that was known to me no longer practices as an IFA so surely cannot be liable? As for the other IFA, who knows who he is or where he is and why should it be up to me to try and trace them?

 

Should I put the Halifax as the sole defendant?

 

MadKit :jaw:

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Hi MadKit

 

I would say Halifax as defendant

 

Are you aware of S56 CCA 1974?

 

http://www.legislation.gov.uk/ukpga/1974/39/section/56

 

ims

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No I wasn't aware of this but reading through the legalese, does that mean Halifax as the "negotiator" are responsible for their agents? I hope I'm not missing the point and I'm guessing I should include this in the POC? Sorry its been a long day and I'm normally a lot sharper on this kind of thing.

 

MadKit :?:

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Hi

 

In short it means that a broker/IFA or other negotiator acts as an agent for the lender and therefore the lender is liable

 

Halifax is the creditor...the third party is the negotiator

 

ims

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Aha got ya! Told you I was a bit slow today and thank you so much for your help, that is in the POC and will be in the court tomorrow! That will be one down and one to go and a total of around £25k if all goes well and I'm sure it will.

 

MadKit :wink:

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Hi

 

I take it your loans are regulated agreements?

 

ims

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I went to the court today and the lady there had very valid questions, what is the official name of the Halifax and what is their registered address in England? As I don't want to split a £10k claim down into little amounts, I will need to file the claim to an address in England. She also mentioned that as of March 19th, there will be no more paper based claims in county courts. I've decided to fill in Moneyclaim online claim forms but need the know - should I use the following information:

 

Bank of Scotland plc trading as Halifax - Defendant (is this right?)

 

Halifax

PO Box 548

Leeds

LS1 1WU

 

I can't remember but I was sure using Moneyclaim you can't use a PO Box, is that right? And if so, what address in the UK can I use?

 

MadKit :violin:

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Bank of Scotland plc T/A Halifax

 

Registered Office: The Mound, Edinburgh EH1 1YZ.

You won't have enough space on MCOL for PoC

ims

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I know that is the registered address but that is in Scotland and I believe the maximum claim amount is £750 which is not feasible when the total amount of the first claim alone is just over £10k. I am using the MCOL option because I can send out the detailed particulars of claim after the claim has been served and its cheaper. Lady at court advised this route but I can do the paper version instead but we may as well get used to it considering they are withdrawing the facility to put in detailed particulars of claim with the paper version. What I am worried about is getting the defendant's name absolutely right and and an English address. I see they still use the following address for some departments of the Bank of Scotland and Lloyds Banking Group has the following as one of its registered addresses:

 

Registered Office: Trinity Road, Halifax, West Yorkshire, HX1 2RG

 

They also state - Lloyds TSB and Halifax are our main brands in England and Wales and Bank of

Scotland is the main brand in Scotland

 

I want to make sure the defendant is named correctly and would like to know what addresses for Halifax (in England) other claimants have used.

 

MadKit :-(

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Hi Madkit

 

Did we both miss this perhaps?

 

Third entry down

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?106783-Halifax-amp-Bank-of-Scotland-contact-details(3-Viewing)-nbsp

 

ims

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1. Single Premium PPI Q&A Read Here

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5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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Thanks ims21 but I think the addresses are out of date, I'm tempted to go for the Trinity Road address but struggling to find what the Halifax legal name is due to so many take overs etc. On one piece of correspondence I have it says - Halifax a division of the Bank of Scotland but then when you look at their website, it just says "Halifax". So damn confusing and I have to make sure the name is nailed down or they will come back and say its not them.

 

MadKit :|

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Hi MK

 

As you can tell, I'm having trouble finding what you need. Just trying all avenues.

 

If I ind something I'll be back again

 

ims :???:

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1. Single Premium PPI Q&A Read Here

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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Thank Gbarbm, unfortunately the only relating to the Halifax i.e. Halifax plc has been converted and closed. Its impossible to trawl through and see what it could have changed to so the idea is great - £1 for a detailed search but can't tell them what I need.

 

MadKit :?:

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Hi Madkit,

 

Even though it is Halifax as the lender when you are issuing the claim it needs to be addressed to Bank of Scotland The Mound in Edinburgh. I know this because these people are suing me and that is what is on the claim form.

 

I'm nearly home so if you can sit tight for say half and hour, I will double check.

 

Best,

 

Coffee

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Ok. This is little confusing isn't it!

 

Now Halifax are suing me through BoS through their registered office at The Mound in Edinburgh BUT as you have been told by the court you need an address in England then, the only thing you can do is sue via LLOYDS BANKING GROUP PLC (formed through the acquisition of HBOS (Halifax Bank of Scotland) whose headquarters are at 25 Gresham Street, London EC1 as they are the parent company.

 

I hope that is of help. IMS do you think this is a feasible and acceptable route?

 

Will stayed tuned as they are on my hit list for my Mum. Best of luck madkit.

 

Best,

 

Coffee

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:lol: That's what I mean Coffee! You can't trace them as they've been bought out, taken over, renamed etc.

 

I looked at sending it to Gresham Street, sent a lot of letters, claims etc over there, very sadly I know that address including post code off by heart.

 

I didn't know if we could file a claim online using a P O Box number, I seem to remember you can't but then it did accept it as a valid address so I may phone MCOL and ask them. Its more the legal name that has to be spot on I think.

 

:roll: MadKit

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I have flagged this for other input....please bear with

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Mmmm, crafty aren't they! I think you will find though that once they have received LEGAL documentation it will get passed to the relevant department quick sharpish!

 

IMS has flagged this up for you and sent out and SOS so I'm sure we will all be put out of our misery soon so you can commence bringing the rain on Halicrap!

 

Hang tight!

 

Best

 

Coffee

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Are you actually in Scotland?

 

As far as I'm aware you can only use MCOL if you are in England or Wales. The small claim limit in Scotland is now £3,000 and not £750, but for a claim in Scotland or England of £10k you will be liable for costs if you lose.

 

I made a claim against Yorkshire/Clydesdale Bank using my local branch address, in England, but it was their solicitors in Scotland who dealt with the case.

 

Have you already sent a prelim or LBA? If so where did you send those?

 

What's Best for You?

 

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

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Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

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  • 1 month later...

I sent the letters before Halifax changed their name (two or three times!). I have been asking them for about 3 years to refund the PPI on both loans and they have hedged about and not given me anything as yet or even acknowledged they have to pay this back. I am now doing the claim via MCOL as we now can't submit paper claims via the local county court and so I have decided to start the claim today and use the PO Box address in the UK. All I need now is to find the short version of the POC so I can get this in motion - 1080 chars just is not enough!

 

MadKit

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Hello Madkit......Is your local court Northampton ? Did you see this as you should still be able to use a paper claim - http://www.consumeractiongroup.co.uk/forum/showthread.php?342764-19-March-2012-Changes-to-Money-Claims-at-the-County-Court&p=3761715#post3761715

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  • 3 weeks later...

Update - have received Acknowledgment of Service from Northampton (went with online system and sent through detailed POC). The response is from Lloyds Banking Group so anyone else, if you are going after Halifax or BOS, send through to this address for claims:

 

Lloyds Banking Group

Retail Legal

Lovell Park Road

Leeds

LS1 1NS

 

As they have said they are defending all of this claim, watch this space! :evil:

 

MadKit

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