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who can I claim from? IFA or Mortgage lender

I have read with interest about mis selling of MPPI. In 2004 my partner and I bought a house. Being first time buyers and struggling to find a mortgage we used the help of an independant finacial advisor who sourced us a mortgage through Northern Rock, who were the only company who would give us a mortgage at the time. The IFA advised that Northern Rock would only give us a mortgage if we got both ASU and life insurance and wanted also wanted proof that we had purchased it. Being new to this we accepted that as a basis for getting the mortgage and our first home. This was besides the fact that I was a civil servent and therefore was eligible for both death in service benefit (as did my partner) and a generous sick policy. The IFA arranged both ASU (£37pcm) and life insurance (£42pcm) for both of us with Legal and General and Friends Provident. It's only been in the last 2 months when I have looked at reducing my outgoings did I realise we were sold comparitively expensive policies and that because we were told we had to have them both before proceeding with the mortgage we could have been mis sold them. Have I got a right to claim and if so, do I claim from Northern Rock or from the IFA that we used. I'm confused!?! :confused: If anyone can shed some light, would be really grateful.

Comments

  • dunstonh
    dunstonh Posts: 120,219 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 2 August 2009 at 2:34PM
    I have read with interest about mis selling of MPPI
    There is actually very little mis-selling of MPPI. Its generally limited to a small number of mortgages that are typically sub prime and only single premium and added to the mortgage and/or you are not eligible.
    This was besides the fact that I was a civil servent and therefore was eligible for both death in service benefit (as did my partner) and a generous sick policy.
    Doesnt matter. Death in service is paid under trust and doesnt need to be included in any shortfall calculation for debt repayment (it is for family protection). The maximum sick pay you can get is 6 months full, 6 months half. Not all Govt workers get that and MPPI still has benefit of cover. Your actual need could be better dealt with with a standalone unemployment plan and PHI but the occupation itself if not grounds for not having it.

    You would expect an IFA to use PHI. You wouldnt expect mortgage advisers to necessarily use it though as they may not have access to it (even if they work at an IFA firm as it may be outside of their authorisation - although many will). Most IFAs dont actually do mortgages. They employ a mortgage adviser. Was yours an IFA or an independent/whole of market mortgage adviser? Were they tied to an insurer (meaning not IFA or independent)? I know that sounds strange to ask after you mention IFA but research has shown that over half of people using tied agents actually think they are using an IFA. A tied agent has a lower remit than an IFA and that can impact on advice given.
    The IFA arranged both ASU (£37pcm) and life insurance (£42pcm) for both of us.
    So its monthly then and not single premium. So, its been set up correctly.
    because we were told we had to have them both before proceeding with the mortgage we could have been mis sold them.
    If that happened as you say then you have grounds for complaint.
    Have I got a right to claim and if so, do I claim from Northern Rock or from the IFA that we used.
    You are complaining about the advice given. Northern Rock did not give any advice so you cannot complain to them. You complain to the IFA.

    You do have a problem though that you almost certainly have no evidence to back up what you are saying. Anybody can claim anything was said. So, there will be a reliance on documentary evidence and you can bet your life there will be nothing in the written documentation that says it was compulsory. So, you will be relying on the adviser having messed up in some way on their documentation. If they havent and the needs analysis is documented well and the reasons why letter (various names over the years) is well written then you have very little chance of success.
    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.
  • Thanks, I appreciate your honesty. I don't want to give up just yet though - would you suggest that I ask for paperwork from the IFA we used? Are they likely to send it to me?
  • dunstonh
    dunstonh Posts: 120,219 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    would you suggest that I ask for paperwork from the IFA we used? Are they likely to send it to me?

    If they know a complaint is coming they can refuse to supply the documentation which they are allowed to do. If they dont know a complaint is coming then they have to supply it. Although you may not get everything that was involved in the decision process as not everything falls under a subject access request.

    Personally, If I ever had a client concerned over advice I gave them I would like them to discuss it with me first. The formal complaints process basically prevents you from discussing anything with you and can create an adversarial response. Especially if the complaint has no grounds. Having a discussion with the adviser first to find out why they did it doesnt prevent you making a complaint afterwards but it may save a lot of time and hassle for all involved.
    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.
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