Taking endowment complaint to Court

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  • JohnG
    JohnG Posts: 477 Forumite
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    Hi,

    As someone who also fell foul of this pre 1988 ruling I thought I’d share a snippet of interesting yet useless information I just recently came across. It is on a page from the Daily Mail dated September 1984 under their Property Mail section headed “Mortgages made Easy” by David Lewis (Executive Editor – Money Mail).

    The item mainly refers to mortgage availability and how much providers are prepared to lend based on earnings etc. It also highlights the high interest rates at the time from 12% up to 15%. However, the bit that interested me most was a section relating to the different options, repayment and the good old endowment. And I quote “You can take an endowment mortgage where you pay interest only to the lender but also pay premiums on an endowment life insurance policy which repays the loan in one lump sum after 25 years”

    It then finishes on “For a first time buyer though there is no point in paying more to have an endowment mortgage which gives you a lump sum when you are middle-aged and probably don’t need it”! Chance would be a fine thing – how naïve we all were, even those in the know, apparently.

    This little article, to my mind, clearly shows how everyone was oblivious to the potential risk/gamble around that time but still, I firmly believe those that sold and/or provided these endowment policies at that time, especially prior to 1988, should be held responsible for selling the policies on what turned out to be false pretences and therefore ought to honour the original premise that the mortgage would be paid off! :mad:

    John
  • EdInvestor
    EdInvestor Posts: 15,749 Forumite
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    Hi John

    It would be interesting to compare the shortfall on a non-performing endowment from those days with the value now of the home it was taken out to buy.
    Trying to keep it simple...;)
  • JohnG
    JohnG Posts: 477 Forumite
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    Hi Ed-Investor,

    Yes, I know that is always going to be the argument, to compare growth of the house value versus the performance of an endowment and it's likely the house price exceeds the endowment shortfall in percentage terms. There's also the point that one should have continued to invest the money saved through lower interest rates on the mortgage but....

    1. House - The money made on the house is not going to be available some time unless we sell and downsize considerably (ie to a mobile home or canal boat - which I have considered) as stated on previous post.

    2. Interest rates - In reality we have always been on a tight budget and any savings on the mortgage immediately covered other expenditures, besides, you don't expect to have to re-invest in an product that you are already investing in which is supposed to pay off your mortgage do you?

    Yes it's nice to know we have high equity behind us with the house at least for our children but to be honest, I wouldn't of minded it being less if it was the same for the rest of the property market especially if it mean't our endowments paid off our mortage and that prices weren't so ridicuously high for first time buyers. The only people who are winning in this situation are those with multiple properties that keep coining in money from letting to the poor sods who now can't afford the huge mortgages that they now require.
    It's a perpetual cycle, especially as the government then tries to build affordable housing which is then probably bought by those same multi-home owners who have more money to invest and to take out buy to rent mortgages etc But that's another bug bear of mine.

    I count my blessings on that score but it doesn't alter my opinion that endowments were widely sold on the understanding that they would pay off your mortgage after 25yrs or whatever, as stated quite clearly in the Daily mail all those years ago. The fact is I have got to find about £12,000-14,000 to pay off my £46,000 mortgage - Small potatoes perhaps by today's standards but a humungus amount for me (us).

    Cheers
    John
  • dunstonh
    dunstonh Posts: 116,463 Forumite
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    Also, 1984 you had double MIRAS and LAPR tax relief on endowment premiums. Both of which strongly favoured endowments.
    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.
  • JohnG
    JohnG Posts: 477 Forumite
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    Oh yeah, thanks, that makes me feel a whole lot better! It's quite funny in a way how a situation like this can be viewed so differently - I just can't put my finger on why that is? :confused:

    John ;)
  • Garry_Anderson
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    I will look it up for you but it really won't help. The 15 year rule is more important. Even if such a breach of duty did exist, the only thing a court can do is symphathise with your problem. If it is more than 15 years since the action or event occured, regardless of negligence or otherwise, it can legitimately be blocked from court action.

    Whilst the finance companies are still taking money off you with their wrong-doing - the action or event is on-going - true or false?

    Nobody challenged me in a previous threads - when I wrote: "Why time bar is bull":

    Any statute on limitations would start from when the "wrong" has stopped - true or false?

    e.g. The police can't say to shopkeeper (victim of protection racket), "Sorry sir - even though you are still paying, you signed the agreement with them ten years ago - so you cannot bring charges against them".

    AND this from the actual LAW:

    Relevant to this is the Limitation Act 1980 - Section 32 - Postponement of limitation period in case of fraud, concealment or mistake

    (1) Subject to subsections (3) and (4A) below [relates to innocent third party], where in the case of any action for which a period of limitation is prescribed by this Act,
    either--
    (a) the action is based upon the fraud of the defendant;
    or
    (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant;
    or
    (c) the action is for relief from the consequences of a mistake;

    http://forums.moneysavingexpert.com/showthread.html?t=12851
  • EdInvestor
    EdInvestor Posts: 15,749 Forumite
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    John G

    As I recall you have an RSA/Phoenix endowment, so I can understand that you are somewhat miffed - I suspect shortfalls of the size you mention will be pretty rare for policies of that age elsewhere. Do you need any help on what to do about it, or is it already sorted as far as possible?
    Trying to keep it simple...;)
  • JohnG
    JohnG Posts: 477 Forumite
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    Hi Ed,

    Thanks indeed for your concern, as you can tell I do get very very bitter and twisted over the way these and one or two other financial issues have turned out especially as both my wife and I have ALWAYS endeavoured not to take risks ie going for "With Profits" rather than unit linked (We were always advised that Unit Linked policies were more risky whilst "With Profits" were safer?).

    You may also recall not only have we lost on these RSA Endowments but also on my Equitable (WP) Pension - I've stopped paying into the pension now and ever since can't bring myself to sort out another one as I just can't trust any of them quite frankly. I mean, why pay into something which might just disappear into a black hole or more likely someone elses pocket?

    The cut a long story short, we do not have a great deal of money to play with each month so it's extremely galling to have to put all our hard earned savings asside to pay off our mortage, a mortage that was supposed to be paid off in 25 years through these endowments that were set up in good faith and without ANY suggestion of risk - As I have said before, we would never of touched endowments if we knew there was a possible risk that they would not pay off the mortgage.

    Regarding our RSA/Phoenix endowments - I did consider the idea of cashing them in but quite honestly I have lost all confidence in anything to do with them one way or the other so rather leave them and hope for the best now.

    Instead, we have put all our chickens into an offset mortage and hope that in about four years time or so we can clear the mortage and who knows, have a small lump some left at the end? :D

    Cheers
    John
  • dunstonh
    dunstonh Posts: 116,463 Forumite
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    We were always advised that Unit Linked policies were more risky whilst "With Profits" were safer?).

    Thats the sort of quote I have heard from tied agents so many times in the past. Particulary those with only with profits funds available trying to give themselves an edge over another advisor. It is so wrong and just shows how inexperienced that person was (or how dodgy they perhaps were).

    You may also recall not only have we lost on these RSA Endowments but also on my Equitable (WP) Pension - I've stopped paying into the pension now and ever since can't bring myself to sort out another one as I just can't trust any of them quite frankly. I mean, why pay into something which might just disappear into a black hole or more likely someone elses pocket?

    Its not the pension. Its the fund. The product is totally fine.
    Regarding our RSA/Phoenix endowments - I did consider the idea of cashing them in but quite honestly I have lost all confidence in anything to do with them one way or the other so rather leave them and hope for the best now.

    Don't bury your head in the sand with this. You really do not want to sit back and hope for the best with a Phoenix endowment. It will not get better. It will get worse. OK, I cannot say that as a certainty but its a close to that as we can get.

    I know you have had your fingers burnt with the pension and endowment but if you dont want to make changes yourself, see if you can find a good IFA with a good reputation who could sort the mess out. Speak with family and friends and see they have an IFA they deal with. Particulary long standing relationships. Any IFA who has been seeing the same families for 10 years, for example, has to be doing something right and if they did something wrong.
    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.
  • EdInvestor
    EdInvestor Posts: 15,749 Forumite
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    I quite agree with DH.

    Burying head in sand especially with really duff products from companies like Equitable and RSA (talk about bad luck having both, but you are not alone :( ) is not productive and can make a bad situation worse.

    Particularly if you have an offset mortgage, the more cash you have on deposit ( eg from your surrendered endowment) the less you will pay in interest, thus helping to recoup losses.

    Dig out your endowments and post the following figs and we can show you the benefits:

    Guaranteed sum assured
    Declared bonuses
    Surrender value (call up and ask)
    Monthly premium
    Maturity date

    Regarding your Equitable WP pension, the exit penalty currently is only 8%, the lowest it's been since the crisis started, so now is the time to move ( this may not last as there could be a lot of people leaving after A day, forcing them to increase the penalty again.) So I'd strongly advise you get on that case too :)

    Post some details about the pension:

    Transfer value (ring up and ask)
    Contains protected rights (contracted out) money or not?
    When does the policy mature (ie retirement date on it?)
    How old are you now?
    Trying to keep it simple...;)
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