Endowment complaint stonewalled by Halifax - serious advice needed

I'm completely stumped as to what to do next, and very annoyed by these shenanigans, so perhaps someone can suggest where I should go from here?

Last year I began an endowment mis-selling complaint against Sun Alliance in relation to the low-cost endowment policy I took out in May 1987 to purchase our first (and current) house for 28,300 in Newport, S.Wales.

Sun Alliance stated that they did not sell me the policy, an employee of Hartnell Taylor Cook (the estate agent at the time) did. The partnership secretary of the only bit of HTC I could still find, in Bristol, subsequently wrote and told me that the assets and liabilities of HTC Financial Services had been sold many years ago to the Halifax PLC.

So I then made a mis-selling complaint to the Halifax, who replied stating that they had previously sold their shares in HTC Financial Services, and that with that sale went their legal obligations and liabilities. They then went on to consider my mis-selling complaint as a "matter of goodwill", and to dismiss my complaint out of hand, basically because they have no paperwork relating to the policy sale. They finished their reply by adding that as they had considered the complaint on a goodwill basis, the Financial Ombudsman Service might decline to consider the case.

My first thoughts were that if Halifax had sold the HTC shares and weren't now responsible, I ought to find out who was now responsible and complain to them, and this is where things get sticky. Halifax refuse to tell me who they sold the shares to, and a complaint to the Financial Ombudsman Service produced the reply that this was a matter that "... does not appear to be one we would deal with."

The Financial Ombudsman Service also confirmed that Halifax' statement regarding them declining complaints considered on a goodwill basis was also true.

At this stage I cannot see the point of writing a line by line rebuttal of HTC's dismissal if they aren't actually responsible. I feel it would be like complaining about my postman to the previous owner of my house.

So - Halifax say they aren't responsible as they have sold the HTC shares, but they won't tell me who *IS* now responsible. Meanwhile the toothless wonders at the FOS stand idly by and look the other way.

I do have some evidence to support my mis-selling claim (which is a *LOT* more than Halifax has), as I have a Sun Alliance pamphlet given me at the time with all the extravagent claims of the late 80's on it, hand annotated by the advisor who actually sold me the policy. However, I seem to be in this catch-22 position where I am not being given a fair hearing.

If there is anyone in a similar position who has managed to break the log jam, or can offer some sensible advice as to what I might be able to do next, I would greatly appreciate it.

Sparky

Reply to
Sparky
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It doesn't sound very hopeful does it! Presumably when you talk about "shares" you mean HTC Financial Services *Ltd*, in which case throw a couple of quid at the Reg Cos to see if the company is still around (exceedingly unlikely).

Otherwise forget it, you lost a couple of thousand on this mis-selling but the net result has been a house that has doubled and re-doubled in value.

Reply to
Matthew Church

"Matthew Church" wrote

Why not try the FSA to see if HTC are still authorised?

If they are no longer authorised, then make the complaint to FSA who could review it & then pass it to FSCS for compensation...

Reply to
Tim

It was dissolved on 22nd October 2002. The last filed accounts were to 31st December 2000.

Reply to
Jonathan Bryce

Wow! How did you find that out so quick?

The FSA had told me over the phone a while back that HTC Financial Services Ltd ceased to be authorised by them on 17 Jan1997. I wasn't sure then exactly what to make of that particular piece of information. The fact that the company continued to exist for another five years must mean something, but I'm not sure what!

Does it mean that Halifax were lying to me when they wrote in August of last year, "Since you were sold this policy, the Halifax has sold it's shares in HTC and with this sale went our legal obligations and liabilities for this company."

If they never "sold" HTC Financial Services, does this also mean that they are still well and truly responsible??

Reply to
Sparky

The replies I have received so far from the Halifax use the term "shares", so I assume, since they are a Financial Instituition, that they know what they mean.

Because I hate to see someone profit from making misleading claims simply because there's a fat commission in it for them, and for them to then stick two fingers up at their customers and hide behind their rules and regulations. Especially when that customer is me!

I don't intend to let them off the hook without a bloody good fight!

Reply to
Sparky

(exceedingly

I have never done one of these, but know a bit about companies and their ownership. If Halifax owned the shares, then they had a liability. If they subsequently sold the company, and the deal specifically included a transfer of liabilties, then that to me is a clear statement from the Halifax that they acknowledged the company had liabilities. I would suggest you take legal advice and write to the compliance officer at the Halifax stating they must either be responsible, or advise you of the company that now is. They can't just duck out of it and say we can't tell you. Also, you may be able to track the sale through their annual accounts, if you do a bit of digging. Find out from them when they sold it, and get the accounts for that year, they could be on the web.

John

Reply to
John Bishop

In message , John Bishop writes

How can the shareholder be liable? Only the Company is liable.

Reply to
john boyle

A shareholder is an owner. If Halifax owned the majority of the shares, then they owned the company.

Reply to
John Bishop

Of course - but it was a **limited liability** company, hence the owners are only liable up to the nominal value of their shares!

Reply to
Tim

Sometimes you end up with a dead end, but it's always good to check where the liability went. Maybe someone else took over the liabilities under a different company? cost nothing to find out

Reply to
John Bishop

In message , John Bishop writes

The own the shares. But they have no liability. Thats what the 'limited' bit is for.

Reply to
john boyle

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