Payment Protection Insurance - Barclays Challenge Government ruling
Barclays scupper plans for PPI reform
Plans to restrict the sale of payment protection insurance (PPI) at the point when loans or mortgage are granted have been set back following a successful appeal by Barclays bank. The Competition Appeal Tribunal has now been forced to instruct the Competition Commission to back down from its plan to ban PPI sales such as mortgage protection insurance, at this point of the transaction. The Commission released a statement commenting that it would study the judgement closely before deciding what course of action it would take next. In a carefully worded statement however it was made clear that it was only this one small part of their strategy, to make choices clearer for consumers, that was being affected.
A spokesman for the commission commented "The appeal was upheld on one ground which relates to our assessment of the remedy prohibiting the sale of PPI at the point of sale of credit,” before adding that it was because The Commission had been asked to “reconsider the loss of convenience for consumers of not being able to buy PPI at the same time as taking out credit."
Intended to allow consumers a cushion for repayment of their credit cards, loans or mortgages should they fall ill or lose their job, PPI has been a bone of contention between insurance companies and banks and finance companies for some considerable time. Early this year the Commission outlined a range of limitations on the sale of PPI with some commentators claiming the lack of competition in the field has led to “persistently high prices”. The Commission had stated that from October 2010, lenders would be unable to initiate a sale of a policy for up to 7 days after granting a loan to combat the “point of sale” advantage that the lenders had gained.
However after challenging the Commission’s plan on four separate grounds – three of which related directly to the point of sale restriction, Barclays have successfully convinced a tribunal that putting this plan into place could put customers who actually wanted to purchase cover at a disadvantage.
Referring to the plans laid out by the commission as a “remedy without consent” the Tribunal concluded that the Commission had failed to take into account the “loss of convenience which would flow from the imposition of the point of sale prohibition”. The Tribunal also added that it was this “constituted failure to take into account a relevant consideration” that meant that the Commission would need to revise its plans once more.
However the overhaul of how PPI sales are regulated is still continuing at a rapid pace as complaints from consumer organisations and those who believe they have been mis-sold PPI grow exponentially. This year alone we have already seen the FSA tell banks and other financial institutions to compensate those who may have been mis-sold policies, re-open the 185,000 old complaints that have been dismissed, and stop selling the much criticised single premium PPI, whilst companies offering help and advice to claim back fees spent on mis-sold PPI has practically become an industry in itself.
Referred to as a “protection racket” in some corners of the industry due to abnormally high cost policies being sold to people who can’t actually make a valid claim under the terms of their agreements PPI providers added excess profits of £1.4bn to their coffers in the heady days of 2006 when the Competition Commission first began making enquiries into the sector.
As Martin Lewis of financial advice website moneysaingexpert.com succinctly commented “Bank-based PPI is a near con - it's hideously over-expensive, billions of pounds of it have been mis-sold, and the sooner it's cleaned up and cleared out the better.”
At a time when public faith in the entire banking sector is at an all time low how the public will react to this further delay in cleaning up what is a tainted section of both the banking and insurance worlds’ remains to be seen. However, the general consensus amongst financial commentators is again echoed in Mr Lewis’ comments "It's a shame Barclays has succeeded in using its lawyers to delay the implementation of such an important ruling"
Whether they have stemmed the tide for good, or as Mr Lewis suggests have simply delayed the inevitable is uncertain, but for the time being the Bank’s are refusing to let this go without a fight.
Kris Oldland
------------------------------------------------------------------------------ WARNING DO NOT BUY PPI FROM A BANK - EVER!
Insuranceblogger urges consumers to shop around and buy mortgage protection insurance from independent suppliers after they have researched the market. The point of removing PPI sales from mortgage and loan sales was to stop the consumer from being pressurised into buying overpriced products to secure the loan.
Once again a bank, admittedly not one overly involved in the toxic debt fiasco , but one intricately involved in the collapse of the banking system by it's failure to step in and rescue Lehman Bros. (until they had collapsed and they cherry picked the best bits!), is allowed to dictate to Parliament and interfere with the due process of consumer law! Insuranceblogger recommends checking out alternative protection products such as Lifestyle Income Protection Insurance which has wider covers and is not tied to any particular lump sum debt.
Payment Protection is the solution to National Debt management
InsuranceBlogger was calling for an overhaul of the way the Government manages unemployment back in November last year. The recent global economic events have seen record levels of unemployment in the UK. Now one of the UK's leading experts on the cost of Unemployment and lobbyist for the prevention of the mis-selling of Payment Protection Insurancehas stepped in with some interesting comments....
PPI Should Have Been Included in Government's Debt Management White Paper Says Burgess
Last week's Government announcement that consumers are to get their own 'champion' in the form of a consumer advocate and benefit from a raft of measures to help them better manage their debts is to be applauded says Payment Protection Insurance lobbyist Sara-Ann Burgess from specialist firm Burgesses, but time will tell whether the theory works well in practice.
Braintree, Essex (PRWEB) July 6, 2009 -- Last week's Government announcement that consumers are to get their own 'champion' in the form of a consumer advocate and benefit from a raft of measures to help them better manage their debts is to be applauded says Payment Protection Insurance lobbyist Sara-Ann Burgess from specialist firm Burgesses (http://www.burgesses.com), but time will tell whether the theory works well in practice.
In its White Paper 'A better deal for consumers - delivering real help now and change for the future' - the Government is proposing to appoint an advocate who will raise awareness of national issues and represent groups of consumers in court to help them seek compensation and refunds.
It's banning credit card cheques - blank cheques that are sent to card holders who are encouraged to use them as an alternative spending tool. These involve handling fees and contrary to credit cards, there are no interest free periods and no protection if something goes wrong.
Other debt-management measures include; preventing card providers increasing limits without their customers' consent, launching a new online credit card comparison tool, courtesy of the Financial Services Authority, assessing whether monthly card minimum repayments are too low (and so allow debts and accrued interest costs to spiral) and reviewing high cost credit providers (50% + APR) who offer credit over the doorstep or via payday loans.
There are also plans to assist people who are at risk from rogue traders - they will be supported by a team formed to tackle internet-based scams and a review of protection for consumers who pay for goods but are not delivered due to the company going into liquidation.
"All of these recommendations sound great," says Sara-Ann, "but unless the advocate has real power, he or she will not deter credit card providers from encouraging customers to plunge deeper into debt and it will probably take years to implement as there will be a consultation period."
The Government predicts its advocate will be in post early next year, but concedes the appointee will have no legal power as consultation and a new law would be needed to allow this to happen.
Sara-Ann comments: "I'm interested to see how fast the Government will tackle rogue trader issues as it's done little to address widespread mis-selling in the PPI sector for years. As a result of its sluggish response, consumers have sunk further into debt via prolific sales of single premium PPI, where the cost of the premium is included in the final loan amount and interest added onto both, complaints to the Financial Ombudsman Service have escalated, group actions are now being undertaken and providers have a free rein to increase their prices and restrict their cover.
"I wonder how long the White Paper review period will last for? The PPI sector has been under scrutiny for around four years now and the deadline for the Competition Commission's remedial measures isn't until April and October next year - some five years after the Citizens Advice Bureau first identified that features of the PPI market were seriously harming the interests of consumers."
She continues: "Given the continued failings that have been allowed to occur within the PPI sector, I'm sceptical about how effective these measures and the role of the advocate will be. I hope I'm proved wrong and sweeping changes are made to stop consumers being encouraged to spend beyond their means, but I would equally like to see greater PPI mis-selling clampdowns and more advice on how to shop around for cover."
Sara-Ann believes PPI is an effective debt prevention tool as it will repay monthly credit card bills for up to a year in the event the holder loses an income due to accident, sickness or unemployment and would have liked to see reference made to this product in the White Paper.
She concludes: "It only takes a couple of months of missed credit card payments to build up debts which is why this cover is so useful. Credit card providers should be pressurised into offering this cover free of charge to their customers or allow them to purchase at reduced rates.
"It's a shame the Government didn't consider Payment Protection Insurance in its measures to tackle indebtedness - instead it's left to online independent providers such as Burgesses and British Insurance () to ensure quality cover is affordable and accessible to all. Premiums are calculated per £100 of monthly benefit and firms such as these two charge £1.90 per £100 for accident and sickness cover, £3.40 per £100 for unemployment and £3.90 per £100 for all three - well below other providers' premiums."
Anyone looking for Credit Card Payment Protection should opt for a policy that pays off all or part of the credit card debt, dependant on the amount of benefit purchased. Older-style policies tend to only pay a proportion of the total credit card bill, usually the outstanding minimum payment. "
........and while we are on the subject of Credit Cards. Lord Mandelson - please bring the extortionate rates charged by the UK banks into line with the other forms of credit in the UK. The credit card debt is stopping the so called green shoots of recovery!
Mis-Sold Payment Protection Insurance? Claim It Back Now!
Have You Been Mis-Sold Payment Protection Insurance?
If you took out a loan, mortgage or credit card from a bank or building society in the UK the chances are that you were mis-sold payment protection insurance or PPI as it is often known. The law has now changed and it is possible to reclaim all your payments in full plus in some cases, damages, usually at no cost to yourself through a so called no win no fee agreement..
The types of policies that were mis-sold were mortgage protection, loan payment protection insurance, Credit card insurance and in some cases and income protection. Whether you qualify to claim depends very much upon when you were mis-sold the policy. The new law only covers payment protection insurance policies sold after January 2005. However, many lawyers will pursue on you behalf policies sold before the cut off date, and in many cases recover your payments. there are numerous no-win no-fee law firms starting up to pursue these errant banks and lenders through the UK courts in what has become a multi-billion dollar business.
The good news for the claimant is that these law firms handle everything for you and the only contribution you have to make is confirming the mis-selling took place and banking the check.
You are eligible to claim through the UK courts against a lender who mis-sold you payment protection insurance if you can satisfy any one of the following 13 conditions.
1. The PPI was added without your express agreement or knowledge.
2. The sales staff or person selling the mortgage or loan insurance was coercive, pushy and strongly advised you to take out the PPI cover.
3. You were told you had to take the payment insurance.
4. You were told you could not get the mortgage without MPPI.
5. You were told you could not get the loan without loan payment protection insurance.
6. The cover you were offered was included in the loan or mortgage
7. You knew you were soon to be unemployed.
8. You were self-employed when the payment protection was sold to you.
9. You were retired or over the age limit for PPi cover which is usually 65.
10. You were not asked about any pre-existing medical conditions that you may have suffered from.
11. You were not told that pre-existing medical conditions could affect your insurance cover.
12. You were not informed that the UK's two largest problems for time of work, namely stress and back problems were excluded from the insurance/ or you informed the lenders staff about your medical condition but was not warned that this would affect the protection insurance cover in the event of a claim.
13. You were not asked if you already had any existing mortgage protection or loan insurance in place elsewhere or employer benefits that would cover my repayments.
If any of the above instances apply to you , you have probably been mis-sold payment protection cover and need to contact a solicitor or specialist lawyer who will claim on your behalf. Act now as there may well be additional time limitations put in place as the number of claims rises.
For the latest news of the cheapest payment protection insurance available from independent UK suppliers visit the Payment Protection Insurance News website run by specialist provider Burgesses.com.
Payment Protection Insurance Claims and Premiums Rocket
The recent tide of misselling of Payment Protection Insurance in the UK , in particular the outlawed single premium PPI cover, is ripping back to catch those offending banks and lenders through the UK courts.
If you have been 'sold' either Mortgage Payment Protection Insurance, Loan Payment Protection Insurance or credit card insurance during the last four years, you more than likely have the opportunity to claim all of your premiums back!
Before you go running to many of the no-win no-fee PPI claims lawyers that are springing up everywhere, your first port of call should be to complain to the offending bank, lender or finance company that mis-sold you the protection. If you do not get any from them then you should immediately contact the Financial Ombudsman
The number of PPI mis-sold policy complaints being upheld against financial services companies has soared during the past year, according to the Financial Ombudsman Service Annual report, which deals with public complaints about Insurance.
The number of complaints about payment protection insurance misselling tripled to 31,066 during the last year, this followed a five-fold increase in complaints during the previous year. The number of PPI complaints upheld by the Ombudsman was an astonishing 89 per cent proving that the policies were widely missold.
The Ombudsman blamed the situation on the economic downturn, saying some firms were not investigating claims properly before they were referred to the service because they were watching their bottom line. It added that survey evidence suggested that many consumers were being put off pursuing complaints against companies because of the unhelpful attitude of the firms involved.
If you believe you have been mis-sold a PPI policy you should write to the company involved. You should tell them that you do not believe that the PPI you bought was sold in your best interests. you should tell them thatunless they can prove that the policy was fair and reasonable and that yuo were treated fairly when sold the insurance - that you demand a full refund of all premiums, and subsequent interest on these payments, that you have paid in relation to this policy. You should also inform them that you also expect 8% interest to be added to each payment you have made - as this is the statutory amount a UK court would pay.
Around half of the complaints against PPI misselling related to six of the UK’s largest financial institutions! PPI is still a good product for Accident Sickness and Unemployment protection, however it is wise and much cheaper to purchase this type of cover on a monthly basis from one of the leadinbg Uk independent PPI providers.
Some examples of these are:
Burgesses - the UK's leading PPI suppliers Personal Accident - Compare mortgage protection and Income protection insurance rates and plans iProtect - offering free swtich facilities at great rates British Insurance - various PPI online offerings at competitive rates Understanding PPI
What a bunch of Bankers! UK Banks challenge PPI ruling
Feelings are running high this morning in the Payment Protection Market and the consumer pressure groups with news that Barclays and Lloyds TSB are challenging the Competition Commission's ruling to ban the sale of Payment Protection Insurance at the time of sale of a loan mortgage or credit.
Insurance Blogger thinks this is outrageous after years of expenditure on the investigations by the FSA and Competition Commission and others, and the subsequent fines for misselling, that any institution, let alone a largely Government owned institution Lloyds Bank, should have the right to challenge any such decision!
Payment protection insurance lobbyist Sara-Ann Burgess from specialist payment protection insurance company, Burgesses confirms our viewpoint. She said "These institutions are without morals and intent on putting profit ahead of consumers' interests." "This latest move is a bid by the banks to continue making billions of pounds in profits in order to prop up other failing business areas. "We all know PPI mis-selling is rife amongst High Street lenders and their resultant profits are obscene. These delaying tactics, lodged to stop the ban going ahead in October 2010, only serve to prove just how shameless these firms are and the extent they will go to protect their 'cash cows'."
The UK Protection Insurance sector takes over £5 billion in premiums every year and around 90% of the premiums goes in profit to Banks and Building Societies.
In 2006, the Competition Commission reported the 12 largest distributors made profits of GBP1.4bn - before the recession kicked in and demand for unemployment insurance protection and income protection insurance policies grew.
After a lengthy investigation into anti-competitive practices, the Commission announced in January a series of measures to lower prices and widen choice in the PPI sector.
These included: axing single premium PPI and replacing with monthly payments. a seven day ban on selling cover alongside credit. a requirement to offer PPI separately to credit.
The Financial Ombudsman Service predicted some 30,000 payment protection insurance mis-selling complaints would be received by the end of March this year and confirmed the majority of them can be traced back to High Street lenders.
It upholds at least 90% of cases and in the case of one lender, 100%.
Sara-Ann Burgess concludes: "How can you on the one hand say banks are working to restore confidence and then on the other have two major players challenging decisions in order to maintain gigantic market shares and prevent freedom of choice? Actions are certainly speaking louder than words. These lenders are damaging the financial well-being of consumers and will continue to do so. What's equally insulting is the fact that Lloyds is paid for by taxpayers and our money is being used to ensure we continue to be ripped off."
Insurance Blogger couldn't agree more! The banks created the current recession by the misselling of mortgages and piggybacked missold mortgage payment protection insurance, and now they are trying to retain their ill gotten share of a market that wouldn't exist if they had done their job properly in the first place.
BancAssurance is a French joke - Keep your noses out of Insurance - Bankers!
For those of you still in a job, we wholeheartedly recommend Burgesses Unemployment Insurance
Lifestyle Insurance: How to avoid the unemployment spectre
Yesterdays latest unemployment figures were rather depressing with the official count just bubbling under two milllion unemployed in the UK at 1.9m.
The January job losses have yet to be taken into account and with the closure of many high street shops and the recently decimated manufacturing, financial and motor industries, we could see the official job loss rate of 6.3 rise dramatically this time next month when the January figures are published.
Is your job on the line?
Very few jobs are 'safe' in the current economic climate and it is worth considering
How you would protect your current position should the worst happen and you face redundancy?
What contingencies do you currently have in place should you find yourself unemployed?
Do you really know the monthly amount of outgoings you will need to sustain your current lifestyle?
IProtect are offering a whole new take on unemployment protection and income protection for unemployment by offering a wholistic 'lifestyle insurance' policy thatis designed to maintain your existing lifestyle should you suddenly become incapacitated or unemployed through redundancy.
Visit Iprotect for lifestyle insurance information
It's nearly a week since the law was changed to stop the sale of piggy back protection products on top of loans and mortgages. Anyone taking out a new loan or mortgage (is there anyone out there?) now has fourteen days before the lending company is allowed to contact them to sell PPI products.
This cooling off period was introduced a after Competition Commission report recommendation, to stop the misselling of protection products to desperate customers who would often accept these one off payment charges as they didn't want to jeopardise the borrowing.
So with less than a week to go before phones start ringing in all those lucky houses who have managed to secure borrowing, InsuranceBlogger advises anyone to call bar those numbers and shop around on the Internet for much better deals on loan payment protection insurance and mortgage payment protection insurance.
There are many independent companies out there offering better protection cover for far cheaper premiums. They will also offer you products that will be more suitable to the risks of accident unemployment and sickness (ASU) which can cover your whole lifestyle rather than just a small portion of it should the worst happen. One Such company is Personal Accident who offer a range of independent quality PPI and lifestyle insurance products.
Following the £7 million fines imposed on Alliance and Leicester recently for the misselling of loan payment protection insurance polices, Simon Burgess of British Insurance explains why Banks have been ripping off their customers and overcharging sometimes as much as 1000% on prices which could be obtained through an independent supplier
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