The FSA is stressing the need for firms to check their consumer contracts are fair and that any variation clauses are clearly explained to clients.Speaking to the British Bankers’ Association last week, Katherine Webster, from the FSA’s retail themes division, outlined the position on contract terms following the publication of its statement of good practice in May. The statement, which is positioned closely alongside the FSA’s treating customers fairly initiative, outlined the regulator’s concerns over variation clauses which give a firm unilateral power to raise long-term insurance premiums after the contract has been signed. Although the statement does not create an obligation, Webster urged firms to review their contract terms to avoid the damaging repercussions of action taken by the FSA. She warned that the statement was just part of its work to ensure fairness of contracts and said the FSA will take action if unfair contracts come to light or thematic work carried out on particular products or contract clauses finds evidence of this. Webster also said the FSA’s statement had received the backing of the Office of Fair Trading and the Financial Ombudsman Service, which has recognised it as a useful tool to promote its understanding of the FSA’s approach. Webster said: “The FSA is not a contract approval authority but it will take action when unfair contract terms come to light. Firms may wish to consider whether their existing contracts contain terms which have been drafted and are being operated fairly and will cert-ainly want to ensure that their standard consumer contracts are drafted fairly.” Association of British Insurers head of health and protection insurance Richard Walsh says: “It is important that custo-mers understand precisely what they are buying and insurers are clear as to their obligations.”
Standard Life life and pensions chief executive Trevor Matthews has dismissed Adair Turner’s suggestion of a Swedish pension model, saying the plan would take the UK back 50 years. He says Turner is “mesmerised” by charges when other factors are more important. But Prime Minister Tony Blair made a speech to the Labour conference on […]
House price inflation has far outstripped the rate of increase in wages and borrowers have been looking to step outside the traditional income multiples.
Mortgage Express managing director Tim Dawson has been celebrating the 10th birthday (of sorts) of the specialist lending arm of Bradford & Bingley.
The FSA found a mixed picture on sub-prime mortgage compliance. What more needs to be done by providers, advisers and the regulator to ensure a fair and safe playing field?
By Rob Burnett, Manager of the Neptune European Opportunities Fund In recent weeks, the bear case for European equities has become more pronounced on the back of weaker-than-expected GDP data and deflation concerns. This softening in economic momentum has led some investors to question whether the ECB is behind the curve and indeed whether it […]
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Another investment manager offering enterprise investment schemes has alerted clients of a 10 per cent drop in value for one of its portfolios following new Mifid rules. Mifid II, which came into force on 3 January, requires firms to notify clients when the overall value of their portfolio, relative to its value at the beginning of each reporting […]
The recent enquiry by the work and pensions select committee has reignited the debate about the future of collective defined contribution schemes. Whether these sort of schemes can be incorporated into the current UK pensions landscape is a moot point. Let’s consider some of the arguments for and against CDC. First of all, it is […]
Retirement interest-only mortgages are set to become more popular following the FCA removing hurdles to selling them. The regulator sees RIO mortgages as a possible aid to the waves of maturing interest-only loans with no repayment strategy. However, the FCA also wants RIO mortgages to be sold more widely, for example as an additional option […]