• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

FSCS will target Insurers-PPI

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • FSCS will target Insurers-PPI

    FSCS will target insurers for compensation over PPI’s scandal


    http://www.accident-reporting.com/fs...0%99s-scandal/


    With debate still raging over who is really responsible for the shambles involving mis-sold PPI’s, the Financial Services Compensation Scheme (FSCS) has confirmed that it will be pursing insurers for compensation.

    Following the High Court ruling earlier this week – which held members of the British Bankers Association liable for mis-selling insurance to millions of consumers, the FSCS has decided that insurers should be held accountable and they will be seeking recoveries from third parties where possible.

    The broker trade body has agreed that in circumstances where brokers have acted as agents for the insurer, it should be left up to the FSCS to decide whether it is economically viable for the claim to be pursued. So far, there has been no confirmation from the company that any insurers are in line to face legal action, but a spokeswoman stated that they would be considering all potential avenues for recovery and are open to pursuing them if needs be.
    Mike Cranny, a regulatory compliance consultant, is happy that insurers could be facing punitive action, but pointed out that there was little scope to chase up individuals who have been selling policies on behalf of the insurance companies. He also said that it seemed obvious that many PPI’s were sold without acceptable information being impressed upon the individual purchasing the policy, and that insurers were slow to act when complaints were raised, citing that ‘distribution channels were not chosen wisely’.

    Mr Cranny is not alone in his thinking; many other insurance executives take the stance that the banks were greedy and are now getting their comeuppance for treating their customers dishonestly. In many cases, the banks and building societies have looked past customer service and only considered maximising sales, with no thought for later consequences.

    It is still unknown whether the British Bankers Association will appeal the FSA’s decision, but if they bow to the ruling, they could be liable for in excess of £4.5billion. However, there are some rumbling concerns among brokers that not only could there be an enormous pay out, but insurance costs may spiral and they could be left with an indefinite number of claimants expecting their money back, bringing the compensation culture to the forefront of people’s minds.
    Tags: None

  • #2
    Re: FSCS will target Insurers-PPI

    Trying to figure out how they can, as third party insurers did not sell the product surely if you are claiming missold you go after the company that sold it.

    Understandable if the seller is a broker that has gone bust but if the seller is still trading then they are ulimately responsable.
    Last edited by pompeyfaith; 27th May 2011, 14:13:PM.
    If you think nobody cares if you're alive, try missing a couple of payments.

    sigpic

    Comment


    • #3
      Re: FSCS will target Insurers-PPI

      Apparently PF, my case in regards of the insurer have been with the FOS for almost 2 years (Hamilton) it was their suggestion to go this direction because the broker had dissolved.
      It seems to be the case for others as well.

      Another poster I talk to also has her's in with the FOS in regards of the same company and they told her if they didn't think they would get anywhere they wouldn't allow us to wait so long, but its still a challenge.

      They told me they are checking the involvement in regards of the relationship broker vs insurer of the policy.

      I am expecting a letter next week from my adjudicator as posted on my Hamilton thread.

      But I do know what your saying.

      Comment


      • #4
        Re: FSCS will target Insurers-PPI

        Found further info, this is 2010 news though.

        http://www.insuranceage.co.uk/insura...responsibility

        Insurers' PPI responsibility: Accepting responsibility.

        Comment


        • #5
          Re: FSCS will target Insurers-PPI

          Originally posted by pompeyfaith View Post
          Trying to figure out how they can, as third party insurers did not sell the product surely if you are claiming missold you go after the company that sold it.
          That's pretty much the FSA's view - it's the broker that should be responsible for any mis-selling as it is they who sold it. The broker can challenge the insurer or lender separately but the liability to the consumer lays with the broker.

          The role of insurers and lenders in mis-selling PPI
          Concerning provider/distributor responsibilities, where a firm is an authorised general
          insurance intermediary, it is not bound, unless by contractual terms, to offer a particular
          PPI policy provided by a lender. Indeed, in some cases, doing so may not be treating
          customers fairly.37 Distributors are responsible for maintaining a compliant sales process,
          and therefore should be responsible for redress, where a failing arose from the manner in
          which the product was sold. If brokers feel that undue pressure was placed upon them by
          lenders or insurers, they may separately have recourse to the courts if they so choose.

          The issues in relation to agency law (e.g. whether the broker is acting (as agent) on the
          part of the insured or the insurer (as principal)) are complex and fact specific, depending
          on both the individual contractual arrangements between the parties and the specific
          facts surrounding a particular sale. Again, brokers may separately have recourse to the
          courts if they so choose.
          Accordingly, we remain of the view that our Handbook text concerning PPI complaints and
          redress is appropriately positioned in its emphasis on the seller of the policy, and we are not
          making any changes to it in this regard.

          Brokers have the right under DISP to forward PPI sales complaints to other firms

          DISP 1.7.1R permits a firm to forward a complaint to another firm where it has reasonable
          grounds to be satisfied that that other firm may be solely or jointly responsible for the
          matter alleged in the complaint.
          Insofar as a complaint is about the failings set out in the open letter and our Handbook text
          we take the view that the ‘matter’ complained of is about the sale of the PPI, as opposed
          to a complaint about the underlying product. In our opinion, such a complaint is properly
          directed at the firm who sold the PPI and therefore firms are unlikely to have grounds to
          forward that complaint on under DISP 1.7.1R.

          http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf




          I think that the FSCS are the only body that could put the broker's liability on to the provider but I'd imagine in would only be in certain circumstances.

          Comment


          • #6
            Re: FSCS will target Insurers-PPI

            Is the insurer responsible about the complaint about the underlying product then? Surely as single premiums have now been banned and because ones attached to secured loans especially only cover the first 5 years of the loan and have interest for the whole period of the loan this is a complaint about the product itself and not the mis selling of it? If you complain to an insurer saying their policy is unfair and not in the consumers interest etc etc would that complaint hold?

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X