Time to uncover role of private equity in pension schemes’ demise

While the row over the taxation of private equity executives rumbles on, remarkably little has been written about the role of private equity companies in the demise of final salary pension schemes.

The roll call of pension schemes which have hit the buffers, after having been taken over by private equity firms, is worryingly long – BUSM, Texon and Dexion. (Apax Partners), UEF (Prudential Ventures), UK Safety and Totectors (Alchemy Partners), Allied Steel & Wire (Candover), Samuel Jones (Rutland Trust) and UPF (Phildrew Ventures) - to name just a few.

In many instances, the incoming private equity firm piled up debt and shifted pension fund liabilities into subsidiary companies, only to pull the plug subsequently, leaving the subsidiary overwhelmed by debt and the pension scheme in deficit.

Given that many of these firms collapsed before 2005 when the Pension Protection Fund came into force, the members and pensioners of these schemes were left at the mercy of the hopelessly underfunded Financial Assistance Scheme.

While extra funding has been promised for the FAS, this scheme will still not provide benefits at the same level as the PPF. Furthermore, its failure to date to deliver promised assistance in a timely manner does little to inspire confidence in its ability to help these people in the future.

Our new Prime Minister has promised to “listen to the people” and “mend old wounds.” Perhaps he would like to start by addressing the plight of the FAS members and calling the private equity hounds to heel.

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Damning indictment of UK regulation may finally lead to Equitable compensation

The European Parliament ‘s damning report on the UK government’s lax regulation of Equitable Life could finally pave the way for compensation for the more than one million customers who have lost money since the insurer was almost brought to its knees in 2000.
The report says that the UK government should assume responsibility for the Equitable debacle and calls for a tightening of European Union insurance standards to prevent a similar scandal reoccurring..
Equitable Life customers have lost between £2bn and 4.9 bn since it nearly collapsed at the beginning of this century after it was found to have inadequate reserves to pay the generous guarantees it had promised to a group of annuitants, leading to the discovery of a £1.5bn black hole in the insurer’s reserves.
Providing the first ray of hope for Equitable Life’s long suffering policyholders, Lib Dem MP, Diana Wallis, who drafted the EU Parliament report, said: “This report will assist the victims in a pincer movement with the UK Parliamentary Ombudsman, perhaps, to finally deliver compensation.”
The EU legislators blamed the FSA for taking ‘light- touch’’ regulation too far and for giving supervisors more latitude to waive capital guidelines than is permitted under the EU Life Insurance directive.
The report added: “It is also apparent that the UK regulators behaved with undue awe or deference towards Equitable Life because of its long history of providing superior returns.
As an example of its ‘deficient’ regulation, the EU Parliament criticised the FSA for failing to police a conflict of interest in which Roy Ranson, the actuary appointed by Equitable Life to represent policyholders’ interests, was also the company’s chief executive officer from 1991 to 1997.
The next step in the final denouement of the Equitable saga will be the publication of the report by UK Parliamentary Ombudsman, Ann Abraham, which she says cannot be published before at least October 2007 because of a 500 page response from the Treasury which she must consider.
In the meantime, let’s hope that our Prime Minister-in-waiting, who is so fond of grand flourishes shortly after gaining new power, will realize that the game is up and that holding out against the opinion of the EU Parliament, the Parliamentary Ombudsman et all is no longer an option.
If he wishes to restore confidence in private sector pensions – a pre-requisite in the run up to the launch of personal accounts in 2012 - here is his chance. Let’s hope he grasps it with both hands.

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Time to put an end to the bank charge reclaim chaos

Having just received an unsolicited call on my mobile from a cheery chappie at the Banking Rights Bureau offering to reclaim ‘all the unlawful bank charges you have been charged since 2001,” I wonder where this particular bandwagon is going to end.

On ringing the Banking Rights Bureau offices in Salford, I am told that the organisation is targeting “everyone in the UK who has a mobile phone number” using random dial-up.

“Gosh, that’s a lot of people. How many people have you acted for to date?” I ask. “I don’t know exactly,” the voice at the end of the line says, “but it must be hundreds of thousands because we’ve been doing this since last year and we are getting 500 calls a week for our self help pack. The maximum someone has won to date has been £24,000, but for most people it’s £3,000 to £6,000,” he chirps.

The BRB’s service consists of a DIY claims pack which you have sent to you on payment of £34.99. Anyone with a large claim (defined as “anything over £30,000”) can apply for the ‘Platinum Service’ which gives you access to legal assistance, in return for a 20 per cent cut of your winnings.

Elsewhere, the Money Claim Online small claims service reports a similar flood of claims, to the point that the website nearly grinds to a halt during office hours.

The County Courts are also inundated, with one judge remarking: “There has been nothing like it in the history of civil litigation.”

But the way in which county court judges are treating these claims varies so drastically that claimants face a postcode lottery as to the outcome of their cases. One judge in Birmingham found in favour of Lloyds TSB, even though the bank’s solicitors didn’t turn up at the hearing.

Other judges have found in favour of claimants even before a hearing has been set. Yet another judge in Hull, has threatened to strike out claims before a hearing is set because they have no chance of success.

The crux of the problem is that a county court judgement does not set a legal precedent and the banks cannot be coerced to appear in court.

This is totally unsatisfactory, given the number of claims being made. Surely, it is time for a change in the law to establish whether the banks’ overdraft charges are illegal or not. Until that happens or a case is heard in a higher court, the current chaotic situation will continue, which is not satisfactory for anyone – neither the banks, nor their customers.

Pamela Atherton

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End in sight for pension victims?

As the House of Lords is due to vote on amendments to the Pensions Bills tomorrow, we will witness, yet again, the spectacle of pensioners stripping off to their underpants on Parliament Green, in a last ditch bid to bring their plight to politicians’ attention.

The amendments, which have cross Party support, will ensure that the hopelessly flawed Financial Assistance Scheme pays out benefits on a par with those paid by the Pension Protection Fund.

Crucially, the amendments will also ensure that the payments start as soon as the victims reach scheme pension age, rather than having to wait until their schemes are wound up. In addition, a Lifeboat Fund would be set up to help mitigate the costs to the taxpayer, by using scheme assets and unclaimed financial sector assets that the Government can use for this purpose (if it has the will).

The amendments will then go back to the House of Commons for the Third Reading of the Pensions Bill, which could provide the first big policy test for our new Prime Minister.

Let’s hope that this spells the end of the long and sorry tale of the pension victims, who have fought so long and so hard for justice for their cause and whose valliant leader, Ros Altmann, has done so much to bring their plight to the public’s attention.

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