FSA clamps down on use of surplus assets for mis-selling claims

Prudential policyholders will have been shocked to hear that the insurer used £1.6bn of surplus assets in its £74bn with profits life fund to settle personal pension mis-selling claims in the 1990s.

Surplus assets, known as ‘inherited estate’ or ‘orphan assets,’ build up over decades and represent the excess over what an  insurer needs to meet its with profits bonus obligations to policyholders. Some of the money also represents unclaimed funds owned by individuals who have forgotten about their policies.

The discovery that Prudential has used £1.6bn of these assets to pay mis-selling claims comes at a time when 4m Prudential with profits policyholders await to hear whether it will release the £8.7bn remaining surplus in its with profit fund.

A re-attribution would involve the Prudential paying policyholders for giving up their rights to future payouts from the surplus.

Prudential chief executive, Nick Prettejohn, recently told MPs that the insurer was considering whether to go ahead with a re-attribution of the surplus, but a decision would be made by the end of June.

Mr Prettejohn denied that policyholders had been short-changed by the insurer’s actions and insisted that the company had delivered strong with profit returns to its customers.

But the FSA this week set out proposals to prevent life assurers from using inherited estates to settle mis-selling claims, saying that otherwise policyholders could be treated unfairly.

Aviva is also in negotiations with Clare Spottiswoode, NU  policyholders’ respresentative, about distributing the £5bn surplus in Norwich Union’s with profits fund.

Surpluses are normally distributed on the basis of 90 per cent to policyholders and 10 per cent to shareholders.

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FSA continues crackdown on PPI mis-selling

The Financial Services Authority  has fined furniture retailer, Land of Leather, £210,000, as part of its ongoing investigation into the mis-selling of lucrative payment protection insurance policies to individuals who might be ineligible to make a claim.

The fine, the first to be issued to a high street retailer, was due to Land of Leather allowing sales staff to sell PPI without adequate training which led to cover being sold inappropriately for nine months until February 2007.

The mis-selling was discovered as a result of a random investigation and not due to complaints from customers. The FSA has issued a warning that other retailers should take heed of the fine and that they are subject to the same sales standards as firms whose principal business is financial services.

Land of Leather’s chief executive, Paul Briant, was also fined £14,000 for failing to properly oversee sales practices.

The FSA has visited hundreds of institutions in the last few years in its crackdown on PPI mis-selling which usually occurs because the customer is too old to claim or is unemployed, self employed or a temporary worker.

The typical claim rate for PPI is around 25 per cent. But of single premium PPI complaints made to the FSA, around 80 per cent are upheld in favour of the consumer, more than for any other form of insurance.

Land of Leather is to write to all customers who bought a policy on or after 1 November 2006 to clarify its policy terms and ask customers to reconsider whether their policy is suitable for them.

The FSA said that the 8,200 people who bought a PPI policy from Land of Leather and did not pay off the amount owing within 12 months would have paid an average of £380 for their policy and might have been mis-sold.

If you do not hear from Land of Leather, contact the Financial Ombudsman Service. Details of how to complain are on the webiste: www.financial-ombudsman.org.uk

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