Consumer groups given power to force product probes

Author: Laura Miller
IFAonline | 27 Jun 2011 | 07:05

Categories: Regulation

Topics: Mark Hoban| FSA| Treasury| Which?| Keydata| Office of Fair Trading

Greening Hoban Osborne Alexander and Gauke

Consumer groups will have the power to insist regulators investigate complaints of mass mis-selling of financial products when the Financial Conduct Authority takes over in 2013, Mark Hoban, financial secretary, will announce today.

The FCA, which will assume the Financial Services Authority's consumer protection role, would be obliged to look into the 'super complaint' and respond within a set period.

According to the Financial Times, Hoban will tell the Which? consumer group conference later: "We've proposed a range of new powers for the regulator so that they can give better protection to consumers, including the power to ban toxic products.

"But we want to go further by giving front-line consumer groups like Which? the power to hold the regulator to account where there has been widespread mis-selling of financial services products."

Consumer groups can already raise mass complaints about competition issues with the Office of Fair Trading.

The new power is part of a wider package of reforms to improve investor protection and supervision of banks and insurers, unveiled by Hoban in a draft bill earlier this month. 

Peter Vicary-Smith, the Which? chief executive, said the power for consumer groups to raise particular issues directly with the regulator and to insist on prompt consideration of them will mean problems with products can be tackled earlier.

"People will finally get the speedy and fair redress they deserve," he told the FT.

"In the past 10 years consumers have suffered from mis-selling and toxic products on a grand scale....Excessively long timescales, poor complaints handling and inadequate redress have become all too common."

The focus on widespread mis-selling comes after a series of scandals involving payment protection insurance, Keydata products, and poor complaints handling.

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So, Which? has assumed the role of Regulator

Although I have no problem with the consumer having the right of redress, nor should they have barriers put in their way when they have a legitimate claim, it would now appear that an organisation known best for testing washing machines, is a wholly unrepresentative and unelected body with no government mandate, is to assume de facto powers to 'force' the FCA or any other body presumably, to bow to their whims. What's going on?

Posted by: Neil Shillito

27 Jun 2011 | 07:37
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How Very Stupid

1. For sales of 'product' caveat emptor applies. Any meaningful trade is impossible if caveat vendor applies - as is the defacto result of this 'mis-selling' lunacy. 2. 'Mis-selling' are weasel words. they are menaingless. Consider, you have 'selling' and you have 'buying'. If you have 'mis-selling' yopu much have 'mis-buying'. It cacels itself out. 3. Which (for example) is a commercial outfit that make a profit for criticising other businesses. Who watches Which? 4. IFA's are already the super-consumer for cleints. We already do the 'consumer protection'. We said for years that the FSA would fail, and it did at the cost to the taxpayer fo several trillion pounds. How can the FSA credibly hold itself out as 'protecting the consumer'?

Posted by: Steven Farrall (Adviser Alliance)

27 Jun 2011 | 10:16
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Don't wait to be invited

@ Sptephen Farrall. Thus, IFAs in some form must establish themselves as a super-consumer. Don't wait for the invitation.

Posted by: Paul 2

28 Jun 2011 | 12:53
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