IFA news round up

The FSA’s  interim feedback report on the Retail Distribution Review published at the end of April received a cautious welcome for having listened to IFAs’ concerns and for making a clear distinction between advice and sales.

Other key points in the report were that advisers should achieve minimum qualifications, possibly diploma level, but not as high as chartered status.

‘Advisers’ offering independent advice, must be ‘whole of market,’ while ‘sales’ services  would have to be on a strictly non-advised execution only, or ‘guided sales’ basis.

This would mean that multi-tied andtied advisers would be likely to fall under the sales category.

Advisers would have to operate ‘customer agreed remuneration,’ without any influence from product providers, although the FSA suggests that providers can still advance payments to advisers and recover the costs from customers out of regular charges, in a similar way to front end commission.

The feedback document also mentions the potential for some form of maximum commission agreement. Less popular was the FSA’s proposal that there should be no 15-year time bar on customer complaints.

The Institute of Financial Planning attacked the FSA for dropping proposals to separate advisers into general advisers and financial planners, saying that the distinction between advice and sales needs to go further. 

AIFA deputy director general, Fay Goddard, said there was a danger that the mass market would be predominantly serviced by sales people.

Unsurprisingly, the banks and building societies are expected to fight a vigorous rearguard action to overturn the proposals which would effectively ban tied advisers in their branches from offering general advice on pensions and long term savings to the mass market.

But everything is still up for grabs and the FSA says it is up to the industry to provide ‘market-led solutions’ that will deliver better outcomes for customers. Its final report on retail distribution will be published in October 2008.

Elsewhere, there was uproar when the ABI ditched its 10 day turn- round target for processing open market annuities, replacing it with a requirement to pay out funds by the selected retirement date.

IFAs’ anger was compounded by the publication of a FSA report severely criticising the standard of insurers’ open market option (OMO) communications with customers six months before they retire, calling on annuity providers to improve their OMO correspondence by December this year.

Tom McPhail of IFA firm, Hargreaves Lansdown, accused the ABI of being “in real danger of becoming the Comical Ali of the finance industry” and called for the OMO to be the default option, with a requirement for fund transfers to be made within five days of the relevant paperwork being submitted to an insurer.

Meanwhile, Lord Hunt’s recommendation that the Financial Ombudsman Service ‘name and shame’ the worst performing companies with regard to their uphold rate, was attacked by a former FOS adjudicator on the grounds that firms might feel pressurised to settle unjustified complaints.

But FSA chief executive, Hector Sants, appears to be keen on the idea, saying that ’naming and shaming’ can be a more powerful deterrent than imposing fines.

Elsewhere, the European Commission confirmed that automatic enrolment of members into contract-based pension schemes is consistent with EU law which will greatly simplify enrolment into both GPPs and personal accounts  from 2012.

But pensions consultant, Ros Altmann, called on the industry to break the political consensus on personal accounts because she believes the scheme is doomed to fail, due to the disincentive to save posed by means testing.

Meanwhile, Friends Provident remains in talks with various bidders for its 52  per cent stake in F&C and its wealth management unit, Lombard and Prudential is eyeing up Equitable Life’s £7bn with profit fund, having already taken on £1.7bn of its with profit annuity book.

Lord Adair Turner, meanwhile, looks set to become the next chairman of the FSA, replacing Callum McCarthy who steps downin September.

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Financial Ombudsman sees upsurge in complaints

There has been a 30 per cent rise in the number of complaints made to the Financial Ombudsman Service (FOS), with a total of 123,089 formal complaints being made in the 2007-08 financial year.

The increase was attributed to a surge in complaints about bank charges (31,618) and payment protection insurance (PPI) generating 10,652 requests for compensation.

This  followed widespread publicity about banks being sued in the county courts over excessive overdraft charges and an OFT investigation into PPI mis-selling.  Other major sources of discontent were credit cards (41,123) and mortgage endowments (13,778).

But the FOS stopped dealing with overdraft charge complaints in July 2007, following an agreement between the banks and the Office of Fair Trading that all new cases should be stayed until legal issues surrounding the fairness of overdraft charges case were resolved in the High and Appeal Courts.

As a result, 14,000 bank charge complaints are pending at the FOS and are unlikely to be heard until late 2009.

As for PPI claims, Which? magazine says that as many as two million people may have been mis-sold PPI policies in the past five years, so if you think you have been mis-sold a policy you should contact your lender for a possible refund.

19 per cent of all complaints to the FOS came from claims handling businesses which handle complaints on behalf of consumers in return for a hefty chunk of any compensation achieved. The FOS said that, in some cases, complainants were not being represented properly.

The FOS report says: “In the specific context of pension related complaints involving Serps [the State Earnings Related Pension Scheme], we have seen a significant number of cases this year where some claims-management companies have given consumers unrealistic expectations of large sums of compensation in cash, without appearing first to have properly assessed the actual merits of the individual cases.”

David Cresswell, a spokesman for the FOS says that 80 per cent of PPI complaints to the FOS were upheld in favour of the consumer, compared to only 32 per cent for mortgage endowments. 

For current account and credit card complaints, 84 per cent and 79 per cent respectively were upheld in favour of the complainant, but in other areas, financial services firms’ and providers’ decisions were supported by the Ombudsman.

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Banks in the dock over PPI cover

The Competition Commission is expected to issue a damning rebuke next month to the UK’s largest banks over their sales of payment protection insurance (PPI).

The Commission, which is due to publish its report in early June, is expected to accuse the banks of making excessive profits from PPI sales and that they have used these to subsidise cheap personal loans.

PPI is insurance to help individuals pay off personal loans, credit cards and mortgages if they are unable to work due to sickness or unemployemnt.

But it is often mis-sold to people such as as the unemployed, self employed and casual workers who are not normally eligible to claim. The cover is also expensive and only lasts for 12-24 months. There have been complaints about PPI being automatically included in personal loan quotations, without customers’ permission.

The Competition Commission is expected to announce sanctions early next month against the banks for the £1.5bn of allegedly excess profits they have made from the sale of PPI.

It is also expected to say that the sale of PPI is uncompetitive because it is sold to a captive market whereby customers havelittle choice but to buy it from the bank offering them a loan.

If the banks are forced to sell PPI separately or banned from selling it altogether, they are expected to recoup the lost revenue elsewhere, including increasing the interest rates they charge on personal loans.

The market is worth £5.5bn a year and in a provisional announcement earlier this year, the Competition Commission accused the banks of making profits of £1.5bn in excess of a reasonable rate of return for selling this product.

The Financial Services Authority has already fined a number of companies for PPI mis-selling, including HFC bank, an HSBC subsidiary and Land of Leather.

The Competition could impose various sanctions on the banks next month, including setting a price cap, banning banks from selling PPI or introducing more transparent sales practices.

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Two hour bank payment system goes live today

Today sees the roll-out of the long awaited Faster Payments Service that will enable millions of customers using internet or phone banking to make payments which will reach another account within two hours, rather than the two to three days it takes currently.

APACs, the UK payments association, has produced a new, downloadable advice guide called “How to use the Faster Payments Service”, along with an online easy-to-use sort code checker www.canipayfaster.co.uk, to help customers wishing to benefit from the service as it starts today.

Customers can input any UK sort code to check whether it is able to use the Faster Payments Service. More sort codes will be added over the next few months as the service is rolled out. All these materials are available from www.apacs.org.uk.

Over the last week participating members of the new Faster Payments Service have been making live transactions through the new infrastructure to test the sytem.

It is expected that only 5 per cent of payments will be covered by the system today, but that the proportion will rise to around half of all internet, phone and standing order transactions by August.

The system will not cover paper payments such as cheques or direct debits as the latter are already almost instantaneous.

Customers of seven UK financial institutions will be able to use the service from today, including Royal Bank of Scotland, Barclays, HSBC and Lloyds TSB. The latter says all personal bank customers will be able to send money using the new system by 6 June.

Barclays is limiting the amount customers can send using the system to £5 this week and to £100 by early June. By July 16, the cap will be raised to £10,000.

People banking with Nationwide, HBOS, Northern Rock and Alliance & Leicester will be able to receive payments, but will not switch over fully to the new system until the summer.

Abbey, which is owned by Spanish bank, Santander, will use the system by late summer. Co-operative Bank customers will have access to faster payments in July.

By the end of 2008, almost all internet and phone payments will be being made through the new system. Customers will be informed by their banks when they are able to use the service.

Almost 27.5m people using personal telephone and internet banking in the UK are expected to benefit.   Business customers will not be able to use the system until later in the year.
 

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OFT to report on bank charges by end July

High Court Judge,  Mr Justice Andrew Smith, has forced the OFT and eight High Street banks to agree a timetable in the their legal tussle over the fairness of bank overdraft charges.

The judge allowed the banks to appeal against his ruling last month that the OFT has the right to assess  the fairness of unauthorised overdraft charges and their appeal is expected to be heard in September.

But Mr Justice Smith has ordered the OFT to divulge the initial findings of its investigation into the fairness of unauthorised overdraft charges by the end of July.
 
The banks have been keen to oppose regulation of charges for customers who go overdrawn without permission to protect the £2.5-£3bn of income this generates each year.

Following hundreds of thousands claims from customers for refunds of their overdraft charges in the county courts over the last year, the banks agreed to a High Court test case to examine two issues.

The first was whether the OFT is authorised to assess bank charges under the 1998 consumer contract regulations. The second was the fairness of the charges themselves, which the OFT has been investigating since April 2007.
 
The regulator and the banks agreed that if they could not agree on a fair level of charges, the issue would go to the High Court before Christmas for a ruling.

In the meantime, Judge Andrew Smith has ordered that the tens of thousands of unresolved cases before the county courts and the Financial Ombudsman Service must stay on hold.

To date, the banks have paid out £600m in refunds but could be liable for £5bn if the court finds in the OFT’s favour.
 
David Black, principal consultant of banking at Defaqto says: “Whilst it will clearly depend on the level of the [overdraft charges] cap enforced, it will almost certainly result in the current account landscape being changed significantly as the banks seek to make up any lost revenue in other ways.”

But a spokesman for Which? magazine said that 4 in 5 bank customers don’t incur overdraft charges and that 8 out of 10 people  would be willing to switch accounts if some banks introduced fees for in-credit banking.

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Think before you buy your holiday money

As the holiday season gets underway,  it’s worth checking out when, where, and which currency to buy because restrictions can apply both on advance purchase and when you return from holiday.

You may find that your country of destination does not allow you to buy currency in advance and may restrict the amount you can take out of the country at the end of your holiday.

“Many holidaymakers get caught out by coming home with currencies that their high street bank won’t buy back, leaving them with large sums of essentially worthless notes,” says Mike Smith, marketing director at the International Currency Exchange. “There are a number of currencies that could trip up travellers, so it’s really worth doing some research before exchanging money.”

The Bahamas has currency restrictions whereby visitors are only allowed to take B$200 (Bahamian dollars) into the country - or  around £105. US dollars are widely accepted, so it is best to use these where possible and spend any local currency before you leave.

It’s easy to assume that all countries in the EU will take euros, but this isn’t the case.  Despite joining the EU in 2004, Poland doesn’t accept euros - you will still need to convert into Polish zloty.

By contrast, even though Morocco is not a member of the EU, euros are widely accepted in the major tourist centres, but you will still need Moroccan dirhams off the beaten track. 

 The latter cannot be bought or sold in the UK, so  only exchange small amounts into dirhams and convert any unused local currency into sterling before leaving the country.

Mike Smith says: “Holiday destinations are becoming more and more exotic, but travellers need to be aware that not all currencies are readily available and the amount they can exchange may also be restricted. We advise people to change small amounts of cash if they’re not sure and spend or exchange the local currency before coming back.”

For more useful tips on currencies visit www.iceplc.com

In the meantime, here’s a useful list of dos and don’ts for some of the more exotic holiday destinations.

· Cape Verde: Cape Verde Escudo cannot be bought or sold in the UK. You can buy Escudos when you get there, but cannot convert it back into Sterling before returning to the UK so only exchange small amounts.
· Costa Rica: Costa Rican Colon cannot be bought or sold in the UK. Take US Dollars and traveller’s cheques, which can be changed once there. Sterling is difficult to change there and Colones cannot be bought back.
· Cuba: You cannot buy Cuban Pesos in the UK and cannot take them out of the country. Take Sterling as US Dollars are no longer accepted.
· Gambia: Travellers can buy Gambian Dalasi in the UK, but they will probably get a better rate in The Gambia. Some travellers cheques incur a charge.
· Haiti: There are no restrictions on taking Haiti Gourdes in and out of the country, but they are hard to buy in the UK. US Dollars are accepted everywhere – Euros and Canadian Dollars are also easily exchanged.
· India: Rupees are not supposed to be traded in the UK, but most bureaux will sell them. You can exchange them back on your return, but nothing less than 100 Rupee notes.
· Maldives: Maldivian Rufiyaa have no restrictions, but are hard to buy in the UK. There are no cash machines in the Maldives so take US Dollars, which can be exchanged at hotels and resorts.
· Morocco: Moroccan Dirhams cannot be bought or sold in the UK, but Euros are widely accepted. Exchange unused Dirhams back into Sterling at the airport before coming home.
· Nepal: You cannot buy Nepal Rupees in the UK and it is illegal to import or export the currency. Visitors are required to pay bills in foreign currency (Sterling, Hong Kong Dollars, Singapore Dollars and US Dollars). Tourists can only exchange their foreign currency with authorised dealers and must keep the receipts until they leave. Visitors must exchange a minimum of US$20 per day of stay into local currency . Up to 15% of the amount exchanged during their stay may be reconverted.
· Poland: Euros are not accepted, but Polish Zloty can be obtained at cash machines or before travelling. Money can be easily changed in Poland with independent cambio offices downtown giving the best rates.
· Romania: Money may be exchanged at banks, international airports, hotels or authorised exchange offices. ATMs are available and traveller’s cheques are accepted, preferably in Euros or US dollars. Travel with some Euros in cash in case of difficulty using credit cards.
· Seychelles: Local currency cannot be bought or sold in the UK. Take Sterling, Euros or US Dollars.
· Sri Lanka: Visitors can only take about £26 worth of Sri Lankan Rupees in and out of the country. Only change foreign currency at authorised exchanges, banks and hotels. They must be endorsed on the visitors Exchange Control D form. The rate of exchange is better for traveller’s cheques than for cash so take traveller’s cheques in US Dollars or Sterling.
· Tanzania: Local currency cannot be bought or sold in the UK. Take Sterling, Euros or US Dollars.
· Tunisia: Local currency cannot be bought or sold in the UK. Take Sterling, Euros or US Dollars.
· Venezuela: The import and export of the Venezuela Bolivar is permitted in small amounts, but US Dollars are widely accepted, so take cash and traveller’s cheques. Only use regulated bureau de change to buy currency.

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Banks to appeal against overdraft judgement

Most of the UK’s largest retail banks are set to appeal against a recent court ruling on overdraft charges in a move that could result in years of litigation before the issue is resolved.

The Office of Fair Trading brought the case against eight major retail banks following claims for compensation from hundreds of thousands of bank customers about overdraft charges for bounced cheques and unauthorised overdrafts which could be as much as £30 per item.

Many complainants succeeded in winning compensation in the county courts but the deluge of cases brought chaos to the legal system and because county court judgements  do not set a legal precedent, each case had to be heard on its own merits.

Eight high street banks, including HSBC, Barclays and Royal Bank of Scotland, will seek permission tomorrow to appeal against the recent High Court judgement that overdraft charges are subject to unfair consumer contract regulations.

If the High Court judgement is upheld, the OFT would have the right to impose a limit on banks’ overdraft fees. To date, the OFT has not said what it would regard as a fair level of charges, but in 2006, it capped late credit card payment charges at £12.

Industry experts believe that a similar cap on overdraft charges would result in the loss of £10bn a year in revenue and that banks might seek to recoup this by charging customers for in-credit banking and other services.

Consumer groups, such as Which? magazine have argued that the overdraft charges levied by the banks are excessive, given that the cost of dealing with bounced cheques and unauthorised overdrafts is around £4 per item.

Anyone who has an existing compensation claim on hold will have to await the outcome of the litigation.

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First Direct resumes mortgage business

First Direct has resumed offering mortgages to new customers, following its withdrawal from the market last month, due to it being overwhelmed with new business.

The bank, which is part of HSBC, was receiving five times its normal level of applications when it decided to stop offering mortgages to new customers in order to shift the backlog.

Business soared because it is able to offer better rates than its competitors due to its non reliance on the money markets for funding. Rival lenders, meanwhile, who are more dependent on wholesale funding were pulling deals and increasing rates.

But the bad news is that First Direct has increased rates for new customers on its two year fixed rate deal from 4.95 per cent in April to 5.76 per cent.

First Direct chief executive, Chris Pilling, said: “We’ve honoured the fixed rates available when people first contacted us about their mortgage.”

Elsewhere, Katie Tucker of mortgage broker, John Charcol, said: “Fixed rates have been the most competitive for the last two weeks but funding costs have shot up which means that any good rates available now will be gone in a few days, so make your application immediately if you’ve had a quote.

“All mortgage rates are going up. Whilst trackers were competitive, bank rate is now only expected to fall once or twice again this year because inflation is rising worryingly high. The Bank of England has  said that it can’t drop bank rates as much as originally expected because of the need to contain inflation.”

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One in two at risk of bank fraud

The risk of credit card and bank account fraud has reached epidemic proportions, as one in two people fail to take basic security precautions when using their plastic and banking online, according to a Which? magazine survey.

Around 50 per cent of those questioned admitted to using the same PIN for more than one card, failing to check that a website is secure before shopping online, or using their mother’s maiden name as a password. One in seven respondents admitted to writing down their PINs and passwords.

But in other respects, there were signs that most people are now aware of other common fraud risks, with the majority shielding their PIN from ‘shoulder surfers’ at cash points, checking statements for rogue activity and shredding statements and other paperwork carrying personal data.

If you fall victim to bank fraud, the maximum you are liable for is £50, providing you have not behaved negligently or recklessly, such as by divulging your PIN to a third party. If this is the case, you might find yourself liable for the bulk of the loss.

On the store card front, Which? magazine has found that some store cards are still charging penalty fees of more than £12, despite an Office of Fair Trade ruling in 2006 that if a cardholder makes a late payment or exceeds their  credit limit, the penalty fee should not  exceed £12.

The guilty parties are Clydesdale Financial Services (now known as Barclays Partner Finance) which issues cards for Jessops and Hobbs and was found to be charging penalty fees of £22.50.

Other culprits include Monsoon (£15) and the Duet store card (£20), operated by Creation Financial Services and which can be used at Carphone Warehouse and JJB Sports.

To reclaim unfair default penalties like these, there are template letters at www.which.co.uk/bank charges.

If you want to report your experience of rogue penalty fees to the OFT, go to www.oft.gov.uk

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HSBC extends cheap mortgage offer

HSBC is extending its offer to match homeowners’ existing mortgage deals for a further six weeks.

The move will be a lifeline for some homeowners as many lenders  continue to restrict their best offers to those with deposits of at least 25 per cent and raise  rates for fixed, tracker and standard variable mortgages.

The bank first introduced a fixed rate matching scheme five weeks ago, exclusively for existing borrowers with loan-to-values of 80 per cent. The bank said it had been a huge success, with mortgage sales rising four times above normal levels and now averaged more than £100m daily.

No other banks have followed suit, leaving them vulnerable to losing customers to HSBC. The bank says it has been able to offer the service because it does not borrow from the money markets for mortgages.

Elsewhere in the mortgage market, the average rate for a two-year loan has hit 6.64 per cent, up from 4.34 per cent two years ago, so that someone coming to the end of a mortgage taken out on a £150,000 house in 2005 will see their average repayments jump by £206 a month to £1,025, according to a report in the Daily Telegraph.

A homeowner with a typical five-year deal in 2003 on a £250,000 home loan will have to shell out almost £500 more if they are re-mortgaging now.

First time buyers are also having to find larger deposits in order to secure the best rates and all re-mortgagers are facing higher arrangement fees.

Around 1.4 million homeowners are expected to come to the end of fixed rate deals this year, many of them from Northern Rock who will have to find a new lender.

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