Endowment Policy can you claim mis-sold PPI?

2»

Comments

  • dunstonh
    dunstonh Posts: 116,354 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 21 February 2013 at 1:28PM
    Hi there...was 'googling' away looking into Winterthur Life 'whole of life' insurance policies that my OH has had since 2000...sold to him to go with his original mortgage...our monthly payment is about £66 too...and found your post! Can you help me by answering a few questions please?? How did you go about claiming for the mis-selling of the endowment policy?

    A whole of life policy is not an endowment policy. So, why are you asking someone how they got on with en endowment when it has little in common with a whole of life policy?

    Also, the OP was mistaken in thinking that a life policy could have PPI attached to it. It doesn't. So, the outcome of making a PPI complaint on a life assurance policy would be rejected as its not PPI and does not contain any PPI. Your issues have nothing in common.
    He was talked into taking out (think he was told he had to make sure his mortgage was covered in the event of him having a heart attack or similar blah blah) a WOL insurance policy, covering critical illness.

    Right, on the face of it, that could be a mis-sale but with caveats. A single person, living alone with no financial dependants doesnt need life assurance. Plus, they are unlikely to have a whole of life need (especially if the policy was linked to the mortgage. However, critical illness cover was on the policy. That could change things because the bulk of the premium will be against the CI cover. Adding on life cover to CI often only adds a few pence to a pound or two. So, even if you have no absolute financial need for life cover at that moment in time, the small monthly cost difference can make sense to add it on as it will end up being cheaper in the long run.

    You need to look at the report to see what the recommendation said as that would typically document the reasons why. So, there are potential issues here but equally, it could easily have no issues.

    The whole of life thing could be an issue but some tied agents only had a whole of life plan backed with an investment element (Allied Dunbar for example, now Zurich). Tied agents can only retail what they offer.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • holly_hobby
    holly_hobby Posts: 5,363 Forumite
    Combo Breaker First Post
    edited 21 February 2013 at 1:29PM
    Duns. has already replied, but I'll make comment to what you've said.

    A Whole of Life Policy - is fundamentally and primarily a life assurance policy, albeit with an element of investment built in (be it with profits or unit linked).

    The inclusion of CI in your partners policy, suggests to me this is a universal WOL contract and unit linked (which is the savings/investment element). This type of WOL contract, along with standard provision of life cover, also offers additional protection elements - such as Critical Illnes (CI), Permanent Health Ins (PHI) and other accident benefits (this will vary with providers).

    Obviously the more additional protection selected, the lower the resulting premium available for investment, with the cost of provision actually met by cancellation of units. WOL policies also generally have a premium review clause (which may be reviewd after the 10th anniversary of the policy).

    Essentially the aim of the policy is to cover all the policyholder’s protection needs within 1 policy - whilst providing flexibility for the policyholder to move their primary requirements from protection to investment to suit their needs throughout life ... i.e. in early yrs family protection may be the priority, whilst in later yrs with no dependants, the indvidiual may wish to maximise growth potential, and so will "switch" requirments as reqd.

    Having briefly explained WOLs it may make more sense now why your partner was sold and chose to accept one, IF he expressed a need for life cover to cover his C&I mge, with CI cover (generally recommended if affordable), with the addition of the prospect of a savings element, and a policy affording future flexability to provision i.e to take account of any future family he may have, etc.

    Even if he just expressed a need for life cover and CI - a combined policy (even if it gave him a longer than reqd term) may have been cheaper than effecting separate ones with the provider (taking into account the avoidance of 2 policies charges, etc). As he has the option to cancel the WOL when his mge ends - but with the advantage that he could continue it, as the WOL does not have a defined term, with cover provided until death, whenever that occurs (subject to premium maintenance of course). So there may well be several reasons why this would not be a mis-sale - including the fact that the policy may have been cheaper than effecting 2 separate life assurance & CI policies, and/or if only a small diff in premiums, the added availalbe benefits of the WOL policy, still qualified it as suitable under best advice regs.

    However, IF he did not have a need or want any of the above, or the benefit was mis-represented, and he solely wanted to protect his mge debt on death, then there may be a mis-sale, as a Decreasing Term Assurance would have both suitable for the need with the lowest premium.

    You say he has 2 WOLs both for differing amounts, were they both taken out at the same time ?

    If so, what was the reason ?

    As Duns. states, the Point of Sale (POS) docs, essentially the Reason Why/Suitability letter - should clearly explain the basis of need and recommendation for all policies sold - have a read through and come back with the bones of what was recorded by the adviser - but on the face of it I don't think there is a mis-sale, but will reserve comment until we have a bit more infor from the factfind and advisers discussions.

    Hope this helps

    Holly
  • Hi, not sure if i'm in the right place, only joined today and cannot find where to start a posting :cool:

    Back in 1997 I took out a mortgage with Cheltenham & Gloucester, which I applied for at my local Lloyds Bank, and I was told quite clearly that I could only have this mortgage if I took out PPI, even though I was fully paid when on sick and in very secure employment. I have been living in spain for the last 7 years (sold the house in 2004 when I moved in with new hubby) and everytime I hear on the radio about reclaiming ppi I think I should really do something about it....but whats the cut off date......even though I KNOW I was mis-sold it.....is it too far back to do anything about ??? thanks :-)
  • dunstonh
    dunstonh Posts: 116,354 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Hi, not sure if i'm in the right place, only joined today and cannot find where to start a posting :cool:

    Back in 1997 I took out a mortgage with Cheltenham & Gloucester, which I applied for at my local Lloyds Bank, and I was told quite clearly that I could only have this mortgage if I took out PPI, even though I was fully paid when on sick and in very secure employment. I have been living in spain for the last 7 years (sold the house in 2004 when I moved in with new hubby) and everytime I hear on the radio about reclaiming ppi I think I should really do something about it....but whats the cut off date......even though I KNOW I was mis-sold it.....is it too far back to do anything about ??? thanks :-)

    That is the weakest PPI complaint there is. It is an unprovable allegation. Plus, you are making it on the one PPI that is generally regarded as worth having and gets the lowest success rate on complaints and C&G MPPI can only be set up correctly (as monthly premium).

    There is no cut off date although lack of evidence and documenation is likely to exist as the mortgage was cleared 9 years ago and data is typically retained for 6 years after.


    loan PPi and credit card PPI is where the main PPI issues are.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards