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£1bn ''Shortfall'' in PPI Compensation

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  • £1bn ''Shortfall'' in PPI Compensation

    Some leading banks may have underpaid compensation certain customers are due for mis-sold Payment Protection Insurance, the BBC has learned.

    One expert, commissioned by the BBC, estimates it could amount to "somewhere in the region of £1bn".
    The customers potentially affected had PPI on credit cards issued by Lloyds Banking Group, Barclays, MBNA and Capital One.

    All claim to make every effort to pay a correct amount of compensation. The extent of the shortfall is difficult to assess.

    The shortfall in compensation arises because, although these banks all refunded the premiums on their mis-sold PPI policies plus interest as regulators require, they have been failing correctly to refund additional charges which were triggered by the premiums of the mis-sold PPI policies.

    This failure to include fees and charges in compensation calculations has resulted in dramatic reductions to the amounts some customers have received.

    In February, Mark Pascoe was paid £5,800 of PPI compensation by the large credit card company MBNA. But MBNA's calculations did not include just over £600 in fees and charges Mr Pascoe incurred since taking out his card in 1997.

    According to the claims management company advising Mr Pascoe, had those fees been correctly included in the calculations, his compensation payout would have more than doubled - to more than £13,000.

    "It's absolutely outrageous," Mr Pascoe told the BBC. "That's almost robbery, isn't it? They should be fined big time."

    MBNA said they would not comment on a case still under review.

    Martin Baker, managing director of Renaissance Easy Claim, the company advising Mr Pascoe, says his case is by no means atypical.

    Mr Baker says he has identified a string of clients with PPI on their credit cards who suffered compensation shortfalls which run into many hundreds or thousands of pounds.

    "It was just another way by which the banks and lenders were trying to reduce their compensation bills," says Mr Baker.

    All of the banks concerned declined an invitation to be interviewed on how their compensation calculations work and why they are not fully including the effect of fees and charges, as regulators require.

    In a statement to the BBC, Lloyds Banking Group said: "When a customer lets us know that they may have incurred other costs because of their PPI policy, we will investigate and make an appropriate refund."

    Regulators have told the BBC that such fees and charges should be included in the initial offers that banks make.

    Barclays acknowledged that its previous system, which assessed month-by-month whether a PPI premium had triggered a fee, did not fully capture the cumulative effect of fees and charges, as regulators require. Barclays told the BBC that it is introducing a new, "enhanced" method, which "will enable us to move from a monthly to a cumulative assessment of fees".

    MBNA confirmed it currently operates a monthly assessment methodology, but one that excludes most fees and charges. MBNA told the BBC: "Because of this, it is not and never has been our practice to refund these fees.

    MBNA said their methodology had been independently reviewed and they were confident it was correct.

    "The last transaction to be applied to the account at the end of the statement period is the PPI premium (ie, after the over-limit fee has been assessed) and as such, it can never be the PPI transaction that causes an over-limit fee in that statement period," MBNA said.

    Capital One declined to reveal its compensation methodology. In a statement to the BBC, the company said: "We aim to pay redress that puts the customer back in the position they would have been in if they had not had PPI."

    However, the BBC has learned that the Financial Ombudsman Service has recently instructed Capital One to recalculate two cases of compensation to include fees and charges.

    And it has begun investigating how Capital One recalculates its offers in relation to fees and charges across all cases.

    It is difficult to establish how much compensation the banks concerned have so far avoided paying their customers, since only they have access to the detailed records required for an accurate assessment.

    So the BBC commissioned Cliff D'Arcy to estimate the size of the compensation shortfall and how much banks would have to pay to make it good. Mr D'Arcy spent 12 years as a banker working in the PPI industry.

    Now an independent consultant, Mr D'Arcy has become a prominent critic of how banks had mis-sold the product and dealt with subsequent compensation claims.

    Mr D'Arcy said: "I'm confident that the figure will be somewhere in the region of £1bn of extra compensation."

    He told the BBC: "It was only when I got deeper into the numbers that I realised the scale of this problem.

    "It's because banks were charging very high penalty fees, very high rates of interest on borrowing and some of these claims go back decades. So it just compounds and multiplies to a very big number."

    The Financial Ombudsman Service (FOS) is the ultimate arbiter of PPI compensation disputes between customers and banks.

    Principal Ombudsman Caroline Wayman told the BBC that under the rules, there is no doubt fees and charges triggered by mis-sold PPI premiums have to be refunded to customers.

    "If a fee is the result of the mis-sold PPI, it should be given back, and if it's not included, that would be a mistake," said Ms Wayman.

    She says she does not how widespread this problem is, but told the BBC: "The first thing is to understand how many times has this has happened and how many times it's had a material impact. That's very difficult to judge."

    "Any widespread failure to carry out proper calculations would most definitely be disappointing," she added.

    Ms Wayman says credit card customers who suspect their fees and charges were left out of their compensation calculations should go back to their banks to ask what happened.

    "If you're not satisfied with the answer, bring it to the ombudsman and we can see what we can do," she said.

    FOS has handled about a million PPI compensation cases, with some 400,000 more still in the pipeline. Last year, FOS took on 1,000 new staff to help deal with that backlog.

    That caseload is now likely to grow.

    But Mr D'Arcy says the Financial Conduct Authority should take the initiative and instructs banks that "charges and the interest on them should be repaid to each and every customer in each and every case".

    Listen to Michael Robinson's full report on You and Yours on BBC Radio 4 at 12:00 BST on Thursday, 5 May.

    http://www.bbc.co.uk/news/business-27679311
    Tags: None

  • #2
    Re: £1bn ''Shortfall'' in PPI Compensation

    Seems to make sense to me, and I thought that this was already being paid, I guess I need to ha e another look at our claims.

    Seems like common sense that if during the life of the account the balance should not have been in arrears if the PPI premium had not been taken, any default charges should be returned, plus any contractual interest and also plus stat interest on the actual credit balance .

    Comment


    • #3
      Re: £1bn ''Shortfall'' in PPI Compensation

      See Paragraph C of this recent 'additional refund due to miscalculation' letter that arrived with a cheque.




      It concerns me, greatly, that this story has been given to the BBC by a CMC.

      This is the thread - http://www.legalbeagles.info/forums/...efund-received - links in there to a couple others who had extra refunds. There's also more across the sites.
      Attached Files
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: £1bn ''Shortfall'' in PPI Compensation

        I can't understand why it is called 'Compensation' imho it is a 'refund' of monies taken by misrepresentation. By calling it compensation it makes it sound as though they are very kindly giving you something for all the suffering they may have caused when in actual fact it's money that should never have been taken from you.

        Comment


        • #5
          Re: £1bn ''Shortfall'' in PPI Compensation

          If we have had a refund do they get back to us, I doubt it
          Never give up, Never surrender.

          Comment


          • #6
            Re: £1bn ''Shortfall'' in PPI Compensation

            Excellent (IMO) article from the BBA

            Fair compensation is vital. So is fair reporting.

            Written by Robert Watts



            There’s some alarming reporting by the BBC today about compensation paid to customers who were mis-sold Payment Protection Insurance. The manner of this may trouble anyone with an interest in fair, impartial and responsible consumer journalism.
            Make no mistake, any mis-selling of any financial product is wrong. Tens of thousands of these products were wrongly sold to customers with credit cards and personal loans.
            The industry has worked with regulators to pay the right compensation for those customers who lost out. The Financial Services Authority – the predecessor of the Financial Conduct Authority – set down a series of rules about these reimbursements. More than £14billion in redress has already been paid and more is on the way.
            Today’s report by the BBC claims that an unspecified number of customers have receive less compensation than they were entitled to. The headline of this story – which also appeared on radio bulletins – suggested the figure was around £1billion.
            You could be forgiven for thinking that such a claim by a responsible broadcaster would have been based on a detailed or independent study, perhaps with some financial modelling. If so, you would be wrong.
            It seems this enormous figure is merely a guess by a pundit and journalist who used to work for the banking industry many years ago. The BBC report also features comment from a law firm – one with a financial interest in encouraging PPI claims.
            But despite this the BBC claimed this was an “investigation” that had “discovered” that the underpayments amounted to £1billion. The BBC have been unable to provide any detail of what – if any – methodology lies behind the £1billion figure they are reporting.
            Of course what matters most here is neither the BBC or the BBA. What’s most important is getting customer the redress they are owed.
            If you feel you have not received the PPI redress we urge you to contact you bank. Don’t be afraid to ask for as clear an explanation as possible into how your compensation has been arrived at.
            Always think twice before approaching a claims management company. They could slow the process down and make it more difficult for use to the free Financial Ombudsman Service in the future.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: £1bn ''Shortfall'' in PPI Compensation

              Well,

              firstly I've gone back through my records and it would seem RBS fleeced me, and that's even after I went back to thhem after the first refund and requested more in line with my own calculations

              Seems I was so keen to get my refund, I didn't add simple interest!

              So, account ended (Defaulted) February 2005

              I got back the PPI premiums, plus the interest charged thereon to that date

              This led to the balance going to £0, plus (originally) a cheque for approx £200

              My complaint at this led to a further cheque for £1,300

              Turns out that wasn't right, even without 8%

              So, should the 8% simple be calculated from the date the last premium was applied for all of them, or calculated individually against each premium and interest?

              Also, I now appear to need to calculate interest at compound rate for all the overlimit charges that factored in the PPI premium/interest thereon (a lot!)?

              Comment


              • #8
                Re: £1bn ''Shortfall'' in PPI Compensation

                I have just done the calculation again form scratch including all the default charges reclaimable, I take this to be any chargers levied on the account after a positive balance is shown..
                The spreadsheet does this for you, you just have to add the charges for he time the accounts was debited.

                The charges will only be reclaimable if the account should have been in credit due to the previously( no default so no charges should have been made) incorrectly taken PPI installment, the spreadsheet calculates the contractual interest due (compounded and then ads statutory inters on top if the amount owed on the account is less than the amount due to be repaid(the account should have been in credit).

                Think that is right

                Comment


                • #9
                  Re: £1bn ''Shortfall'' in PPI Compensation

                  I will say this with my tongue firmly in cheek but isn't it surprising the names of the main culprits are the institutions that always seem to be whiter than white. One of them informed me I had no PPI even though I gave them 3 different agreements with it on. Now they changed the rules and the PPI has to go to the receiver in my case I can't be bothered to chase it but I wonder if there is a spreadsheet that will calculate whether I should have been bankrupt if I hadn't been fleeced and what damages I could claim if so.

                  Comment


                  • #10
                    Re: £1bn ''Shortfall'' in PPI Compensation

                    Originally posted by Amethyst View Post
                    Excellent (IMO) article from the BBC.............Make no mistake, any mis-selling of any financial product is wrong. Tens of thousands of these products were wrongly sold to customers with credit cards and personal loans.
                    I have to say that if BBA were truly interested in ''fair reporting'' they might want to reconsider their reporting of '' tens of thousands'' of PPI policies that were mis-sold when in fact the FOS alone have upheld in excess of a million complaints.

                    Comment


                    • #11
                      Re: £1bn ''Shortfall'' in PPI Compensation

                      PPI refunds always did have to go to the receivers. Anyway, how much did you actually pay in PPI payments over the years, and had that sum not been in your debt (and the effects it had on the level of your debt re interest and charges - ignore extra 8% on top etc) would not having had it have really have made the difference between BR and non BR ?
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: £1bn ''Shortfall'' in PPI Compensation

                        PPI didn't always go to the receivers but that changed any way, when you look at £13,000 from Alliance and Leicester at least three different policies from Barclays that I know of, one with SPPL and one with a Barclays business loan and unsure what was with both personal Barclaycard and business Barclaycard it All certainly adds up. Barclays told me that I had around £6,000 in charges come out of my additions account over 18 months and I had similar amounts in charges on my Lloyds account, both personal accounts. The supplier who made me BR did it for £3500 which they never saw and I told them that would happen because my lovely Swift loan took all my funds. The thing is we can tell what damage they assess it has caused us by the amount of compensation they offer but whether it would have made a difference who knows because I'm in the Sub prime trap things were going to happen sooner or later and probably will again I have grown to realise this. I don't think we will ever truly realise the damage that mis-selling and the greed of the financial services industry has done to us all. Maybe took out too much credit but was also offered too much but like a lot of people just paid charges and costs because I thought it was all above board.

                        Comment

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