Act now on mis-sold endowments: new article

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  • Hi

    I have 3 endowments set up around 1990 which expire in 2011

    1 with Norwich which was a life insurance policy that I upgraded to an endowment

    1 with pearl, again was an upgrade from a life insurance requested by me but implemented by there local door 2 door salesmen

    1 with Norwich again which I asked a small time broker to set up to pay for a bigger house purchase.


    Do I have any chance in gaining compensation because they were requested by me?

    Has anyone been successful in these companies in a similar situ.

    Would be glad of a reply, claiming on one is a headache, but three, i have left to drag on a bit and should sort this soon before its too late. perhaps I don't have a chance from the way I bought the policies?


    Steve
    Money doesn't bring you happiness? Only more choices? :mad:
    Steve.
  • exil
    exil Posts: 1,194 Forumite
    Well, I'm not sure about this. I was offered a low cost endowment, but I knew at the time that the "low cost" bit meant the mortgage wasn't guaranteed to be paid. To be honest, I thought everyone knew that.

    Instead I took out a repayment mortgage. This meant I paid out more than if I'd
    taken the endowment - but my mortgage is now paid off.

    Had interest rates and inflation remained high, then the low-cost endowment would have turned out to be the correct choice. Would anyone who had taken out a repayment mortgage then be entitled to sue for mis-selling? Or are you only entitled to compensation if you make no decisions on your own behalf?
  • dunstonh
    dunstonh Posts: 116,318 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    1 with Norwich which was a life insurance policy that I upgraded to an endowment

    No grounds for complaint as you did it yourself.
    1 with pearl, again was an upgrade from a life insurance requested by me but implemented by there local door 2 door salesmen

    If done on execution only basis. i.e. you told the insurance rep what to do and he recorded it as execution only, then no grounds for complaint. If he did it on advice basis, you could complain and Pearl's documentation is generally awful.
    1 with Norwich again which I asked a small time broker to set up to pay for a bigger house purchase.

    Same as Pearl really. Depends on whether it was recorded as execution only. A small time broker (which i have to assume you mean IFA) would be more likely to record it as execution only than Pearl.
    Do I have any chance in gaining compensation because they were requested by me?

    Not at all on the first one. Possibly on the second but less likely on the third but still potentially depending on the paperwork. Morally, you don't deserve a penny.

    Had interest rates and inflation remained high, then the low-cost endowment would have turned out to be the correct choice. Would anyone who had taken out a repayment mortgage then be entitled to sue for mis-selling? Or are you only entitled to compensation if you make no decisions on your own behalf?

    Most endowment complaints are not being upheld because they are classed as mis-sold. They are being upheld on the basis that the documentation is insufficient to support the recommendation fully. Of course much of that is based on todays rules being used retrospectively and perhaps thats the unfair bit.

    I do get where you are coming from though.
    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.
  • Most endowment complaints are not being upheld because they are classed as mis-sold. They are being upheld on the basis that the documentation is insufficient to support the recommendation fully. Of course much of that is based on todays rules being used retrospectively and perhaps thats the unfair bit.

    I do get where you are coming from though.[/QUOTE]

    Most are upheld because they were simply not suitable, not because of retrospective application of rules.
  • yes I was afraid you say something like that, ah well back to the grindstone...

    :'(


    Many thanks

    Steve
    Money doesn't bring you happiness? Only more choices? :mad:
    Steve.
  • Got it! Over £8000 but how do I know if they have offered me enough? Also claiming in retrospect the £50 it cost me to convert mortgage to a repayment even though I have no records. MSE you're brill!!!!
    :T
  • Hi,
    I took out an endowment with the Halifax in April 1988. I've made a claim but the Halifax say they did not sell me the policy. They claim it was an independent finance company that is no longer in business (a company I have never heard of). I bought the policy in a Halifax branch, from a lady wearing Halifax uniform and badge. The Halifax say that at that time they had independent financial advisers working in their branches and were under no obligation to tell me this. The FSCS can't look at my case because it was sold before August 1988. I now appear to have no comeback. Any suggestions?
  • dunstonh
    dunstonh Posts: 116,318 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Got it! Over £8000 but how do I know if they have offered me enough?

    The two calculations that can be used (3 if you include a voided policy) are defined by the FSA so unless they have put the figures in the software wrong, its unlikely to be incorrect. Many will show you how they came by that figure.
    Also claiming in retrospect the £50 it cost me to convert mortgage to a repayment even though I have no records.

    Some will cover the cost of conversion, and cost of advice when taken, but they will usually want a receipt.
    I bought the policy in a Halifax branch, from a lady wearing Halifax uniform and badge. The Halifax say that at that time they had independent financial advisers working in their branches and were under no obligation to tell me this.

    Correct for 1988. Remember no regulation back then.
    The FSCS can't look at my case because it was sold before August 1988. I now appear to have no comeback. Any suggestions?

    If it truely isn't a Halifax case, then it is end of the road.
    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.
  • scotti
    scotti Posts: 105 Forumite
    Hi, we were sold an endowment in 1989, unfortunately the financial advisor has declared bankruptcy and our claim is currently with the FCSC.

    All paperwork was submitted in Sept 2005, we contacted them again this month for a progress report and were told that it will take up to another 6 months!!!

    When I see that some are having claims settled within a couple of months it makes me wonder if I could be doing more to speed things along.

    Any comment/advice would be most welcome.

    Many thanks

    scotti
  • Many thanks to both MSE for the kick/advice and to Endowmentaction for the mechanics.

    Having complained (using an adapted letter produced from Endowmentaction), we've just been advised that we were found to have been mis-sold and so subsequently have been offered both a compensation payment and (unexpectedly) the option to cash-in our endowments.

    The short-fall compensation and offer value for cash-in each equate to around 4.5% interest on the amount we've paid into the endowment and so we feel that's reasonable.

    What we're a little less sure of is the future of with-profit endowments. We're 15 years into a 25 year plan, so 10 years left to run.

    Gut feeling is that, to keep the money in equity based investments, we'd be better of taking the cash-in and re-investing the money in a share-based fund that is not with-profit.

    My (basic) understanding is that the with-profit vehicle relies on continuous years of good performance to yield good compounded growth, which is then 'secured' through the paid-as-interest and final bonus basis of the with-profit mechanism (as opposed to pure capital growth of shares that could then drop in value on the day your policy matures). The downside of this mechanism is that if you don't get year on year good performance, the interest payments and final bonus collapse (as per history).

    So, by cashing in we're saying that we believe that the capital growth of shares will offer better odds that the alleged safety of with-profits endowment.

    Your thoughts?

    As a P.S. (Not sure where else to post) - Does anyone else recall the off-loading of excess profits that happened in the midst of the dot-com boom. I remember news reports about insurance, investment and pension companies offloading captial as extra-ordindary bonuses to shareholders because they were "over capitalised". (I think that was the term.) After the dot-com collapse and it's impact on long-term investments like pensions and endowments), I haven't heard anyone question the probity of this action nor even mention it again, yet it was headline news at the time. Am I missing something?

    Cheers - thanks again -

    Alligator.Crocodile
    (As in see you later... - in a while.... Not as in prehistoric predators! ;) )
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