Tuesday, May 02, 2006

The Policyholders Fight Back

The Policyholders Fight Back

Congratulations to Vincent Cunningham, who has succeeded in taking his life assurance company to court and winning compensation from them for their underperforming product.

This is reportedly the first case of its kind.

Cunningham has successfully sued Friends Provident for compensation on the shortfall on his policy, even though he failed to make a claim within three years of receiving a 'red warning letter' notifying him of a potential shortfall.

He was awarded £1500 by Reigate county court.

It should be noted that the case does not set a legal precedent, because it was heard in a county court. However, it could have implications for the thousands of hapless endowment policy holders who have been told they had run out of time to make a claim against their endowment providers.

As such, the case may encourage others to take a stand against the life assurance companies who are trying to impose their own time bar.

Where one leads, others will follow!

Here is the judge's ruling Vincent Cunnignham vs Friends Provident.

Tuesday, April 25, 2006

Standard Life Bonanza

Standard Life Bonanza

Those of you who hold endowment policies with Standard Life may be in for a small windfall, if the company abandons its mutual status and floats.

Standard Life has posted its policy documents to members outlining the terms of the proposed deal, and inviting them to vote in favour either by post or at a special meeting on May 31.

The company says that 2.4M members will be eligible for free shares.

A Standard Life spokesman is quoted as saying:

"The way shares are being allocated is on the basis of a range of factors, which include the type of policy someone might have with us, how long it has been held and how much is in it."

For example, the company said that a policyholder who had been paying £50 a month on a mortgage-linked endowment since 1984, would receive 1287 shares worth about £3350.

Someone whose endowment policy started in 1989 would receive 544 shares, worth £1440, while a policy started in 1994 would earn 132 shares, worth £350. In each case, this would be on top of the basic allocation of 185 free shares. In addition, the company said everyone who holds their shares for up to 12 months after the initial flotation date, expected in July, will receive one more free share for each 20 they already own.

One question mark yet to be answered is what effect the "mortgage endowment promise" (MEP), given by the company in September 2000, will now have.

The company pledged that, subject to certain conditions being met, as long as future investment earnings averaged 6% a year it would top up any shortfalls on the endowments.

The finer details of the promise revealed that it only applied to those who were told back in 2000 that their policy was at risk of failing to hit its target amount.

Those told after that date were not covered!

In 2004 Standard Life welched on its promise, and abandoned the MEP as unaffordable.

In its proposal document, Standard Life says that if members back its flotation plans, the MEP for qualifying members "will no longer be dependent on a capital growth condition. Instead [it] will be based on investment returns on the with-profits fund".

A spokesman claimed:

"The amount payable to holders of top-up MEP policies will be broadly equivalent to that which would have been paid by Standard Life under the current promise."

We shall see.

Tuesday, April 11, 2006

Royal Liver Fined

Royal Liver Fined

Royal Liver, the Liverpool-based mutual life insurer, has been fined £550K by the Financial Services Authority (FSA) who judged it to be guilty of mis-selling with-profits savings policies to thousands of its elderly customers.

The policies were bundled together with life insurance contracts, which were not suitable for the majority of customers.

Some customers ended up getting back less from their policies than they had put in!

Margaret Cole, the FSA's director of enforcement, said:

"This was a serious case of mis-selling, particularly as a significant number of Royal Liver Assurance's customers were nearing retirement age and did not need the cover they were sold.

The failings were systemic and arose from weaknesses in the firm's sales and compliance processes and persisted over a long period of time. Firms must make sure that they take account of all products which may be suitable when making a recommendation
."

Royal Liver said in a statement:

"The relevant contracts were withdrawn in the UK in 2004 and all policyholders affected have been contacted and offered a full refund of premiums plus interest at an appropriate rate.

Royal Liver has worked closely with the FSA on this issue to ensure that the appropriate lessons have been learned and controls have been strengthened as a result
."

Is it any wonder people don't trust the life assurance industry?

Wednesday, March 29, 2006

The Decline of The IFA

The Decline of The IFA

This is Money reports that 10 years ago there were about 350,000 financial advisers. However, increased regulation and the impact of the endowment misselling scandal has severely reduced their numbers down to 55,000.

It seems that it is not just the hapless policyholders who are paying the price for these underperforming and useless products.

Thursday, March 23, 2006

Legal & General U Turn

Legal & General U Turn

Legal & General have announced that they will tell over 600,000 endowment policyholders that they have only six more months to claim compensation, if they believe they were mis-sold the products.

Up until now, L&G now had been one of the few large endowment policy providers to rule out "time-barring" customers.

L&G has started to send out letters to their policy holders this week, covering the new time bar rule and informing the policy holders about their projected returns/shortfalls on polices.

Only Prudential and Nationwide Building Society are keeping an open commitment to consider complaints.

The clock is ticking.

Tuesday, March 21, 2006

The Dangers of Interest Only Mortgages

The Dangers of Interest Only Mortgages

The Times has a good article about the dangers of interest only mortgages, I recommend that you read it.

Wednesday, March 08, 2006

The Danger of False Hope

The Danger of False Hope

Ivan Lewis, Treasury economic secretary, has warned that the thousands of Scots who were mis-sold endowment mortgages by solicitors should not hold out "false hope" of obtaining compensation.

Lewis admitted that it was a scandal that a legal loophole prevented those, who bought a policy through a lawyer before 2001, from seeking financial redress in the event of a shortfall

He is quoted as saying:

"One of the difficulties (with a new financial safety net) is it's not retrospective. I do have great sympathy for people who have been caught out by endowment mis-selling in Scotland but there is a genuine problem."

Scots who bought policies from solicitors before December 1 2001, when the Financial Services and Markets Act came into effect, do not qualify for a deal from the Financial Ombudsman Service.

The solution is for the life assurance companies, that manage these useless policies, to underwrite them.

Friday, March 03, 2006

HBOS Hit By Endowment Losses

HBOS Hit By Endowment Losses

HBOS has announced that it made £4.81BN in pretax profits last year.

However, owing to the endowment scandal it had to take a £260M provision for endowment mis-selling.

Thursday, March 02, 2006

Lloyds Endowment Hit

Lloyds Endowment Hit

Last week Lloyds reported profits of £3.82BN for 2005.

However, the charge for compensation for paying customers for mis-selling endowment policies rose from £100m in 2004 to £150m in 2005.

Whilst this cost affects the results, and of course the shareholders, I doubt that the people who sold these underperforming and useless products will have been affected; ie the senior managers will still receive bonuses.

Wednesday, March 01, 2006

You Have Been Warned

You Have Been Warned

The Financial Services Authority have stated that it is standard practice for endowment providers to continue paying commissions to mortgage advisers, while policies remain active, even if the holders have paid off their mortgage.

This means that even though the endowment policy that you hold may not reach target, the person/company who sold you the mortgage will still be receiving a commission.

This of course will reduce the value of the policy.

Happy with that?