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FOS payout cap hike could hit PI costs

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An increase in the Financial Ombudsman Service compensation cap for small businesses could hit advisers’ professional indemnity insurance premiums.

In a discussion paper published last month on small businesses, the FCA outlined options for expanding the criteria for FOS complaints.

It said as a result the maximum award limit might need to be raised from its current limit of £150,000. The limit was increased from £100,000 in 2011.

Only individuals can be awarded compensation by the FOS, but micro businesses – defined as employing fewer than 10 people and with turnover less than €2m (£1.4m) – count as individuals.

Following the regulator’s interest rate swap misselling review, the Treasury select committee and Parliamentary Commission on Banking Standards recommended the FOS expand to allow more small firms to make complaints.

The regulator says while ineligible small businesses are a small minority of SMEs, they account for a “substantial share of the sector’s demand for financial services”.

The FCA says if larger firms were to be given access to the FOS, the £150,000 limit might need to increase in light of the larger sums newly-eligible businesses could borrow and invest.

The FCA adds: “It might in fact need to be increased regardless of changes to the eligibility criteria. As the Treasury select committee found in the case of interest rate swap misselling, the financial losses sustained by SMEs may exceed it substantially.”

The discussion paper invites views on whether the award limit should be increased for some or all SMEs, and whether it would be fair to have different limits for individuals and businesses.

PI broker O3 Insurance Solutions managing director Jamie Newell says: “Many advisers have SME clients so an increase in the compensation limit could lead to rising PI premiums.”

Clarke Willmott partner Philippa Hann says the suggested changes could lead to more advisers being unable to meet compensation claims against them.

She says: “My experience is many losses exceed the £150,000 limit.

“Advisers already suffer from inadequate insurance cover as it is often written on an aggregate basis, meaning there is a limit on the amount which can be paid out in one year.

“A larger FOS compensation limit could mean fewer clients are compensated if an adviser has multiple claims in one year.”

Jacksons Wealth Management managing director Pete Matthew adds: “An increase in the FOS limit would be worrying for PI premiums.”

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FCA eyes FOS payout cap hike

The FCA is considering raising the FOS compensation cap for small firms from the current level of £150,000. In a discussion paper published today on how it deals with small businesses, the regulator outlines options to expand its eligibility criteria. It says irrespective of expanding its scope, the maximum payout may need to be raised […]

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Comments

There are 2 comments at the moment, we would love to hear your opinion too.

  1. The FoS don’t care this could increase PI premiums. Thats not their concern. If PI goes up/coverage reduced it will put more advisers out of business. FoS don’t care about that either as the FSCS is there to pick up the tab. FSCS don’t care either as they will just hike their fees to cover it all. This will in turn put more advisers out of business……. And so the regulatory spiral goes yet further out of control.

  2. Look…. its all very simple, everytime the FCA, FOS, FSCS blinks it costs me/my clients more money, either via direct increased costs or indirectly via PI etc etc etc !!
    That is the problem, the long and the short of it is, they have gone down the road of rubbishing every little aspect of the financial services industry over recent years, and that has the real effect of increased direct cost, and those who offer goods or services to us the opportunity to increase their costs, even more so for services we have to have like PI !!

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