FOS: Claims management firms 'exploited' PPI scandal

Author: Rahul Odedra
IFAonline | 29 Jun 2011 | 11:17

Categories: Regulation

Topics: FOS| claims handlers| PPI

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Claims management firms (CMCs) have 'exploited' payment protection insurance (PPI) complaints, according to the Financial Ombudsman Service's (FOS) legal director.

In its latest newsletter, the FOS said 45% of complaints received last year were from CMCs.

Caroline Wayman, principal ombudsman and legal director at the FOS, said CMCs could seem "attractive and reassuring" but insisted consumers did not need to go through third parties to make claims.

"The 'PPI problem' stems from very large numbers of PPI policies being sold inappropriately by financial businesses - so CMCs didn't create the problem.

"But they've certainly exploited it - and this has had a major impact on PPI complaints."

She said some CMCs fail "pretty dismally" in their job of representing consumers professionally, or have provided a service of very doubtful value.

PPI policies were largely sold to consumers who took out loans to insure against a change in income which meant they could no longer meet the loan repayments.

In one case seen by FOS, a consumer's PPI complaint was upheld after going through a CMC, and the firm then offered to reduce the balance on her loan by £10,200 and give her a cash payment of £2,100.

However, the CMC's bill would have been £3,690, meaning she would have to use the entire £2,100 cash payment and probably take out a £1,590 loan to meet the cost.

The FOS told her to contact a free local law centre to get a view about the contract as it could not deal with complaints about CMC.

After a number of consumers complained about the fees of this particular CMC, the FOS said it has highlighted the issue with the Ministry of Justice.

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Dont want to deal with it

From the very beginning when the mis-selling of PPI became an issue the FOS have not wanted to deal with PPI complaints. At the first meeting with CMC's to discuss handling PPI complaints the FOS confidently predicted that the number of PPI complaints they would deal with would start dropping within 12 months, this was back in 2007/8. In 2010 when it became obvious that banks were not dealing with PPI complaints properly (pre the JR) the FOS were saying it was 'business as usual' and at every stage CMC's have been telling them this was wrong. This was not exploitation of an issue, this was getting the facts right and at every stage the FOS have got it wrong and are now blaming CMC's for bringing too many complaints. Yes they are some unscrupulous CMC's out there, but if the banks hadn't been so unscrupulous in the way they originally sold the policies this problem wouldn't be here. Don't blame the messenger. The FOS were told this was going to be a problem and ignored the warnings from the very start.

Posted by: Matthew Whiting

29 Jun 2011 | 13:01
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Claims Companies

Claims Companies have advertised (Millions spent) all the main issues of UK Consumer detriment, where FOS CANNOT DO SO (By law) it is a reactive service only, the millions of pounds spent by CMCs and their shareholders to raise issues have pushed and pressured the issues at stake, yes there some CMC's who charge too much, but the regulator will take action if needed. Many CMC's have gone out of business, whilst the Financial Industry has exhausted every avenue to try and get themselves off the hook! The continuation of anti CMC press is a total reflection of the fact that the Financial Industry does not want the Claims Industry to become strong, as you know there are many other areas where you have taken the p**s!

Posted by: Matthew P

29 Jun 2011 | 14:17
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FOS Fees

My experience of CMC's is mixed. I have seen cases brought to light that have genuine merit however I have also seen many poorly delivered examples laden with threats of FOS referral etc. I would like to see all CMC's conducting proper research with the customer they purport to represent - as opposed to the 'spray and pray' methodology so often evident. I would also like to see all CMC's properly consider complaints Final Responses issued by Financial Services (FS) companies who conduct genuine TCF investigations of all accusations received - instead of ignoring the evidence as is often the case. To achieve the aforementioned, I would advocate a position whereby when a CMC decides to pursue a FOS referral on behalf of the claimant after a complaint has been rejected by the Financial Services firm, that the FOS outcome would determine who pays the FOS fee. i.e. If FOS uphold the complaint against the FS firm - fair enough the FS firm must pay. However, if the FOS find in favour of the FS firm (agreeing with its original final response), the CMC should foot the FOS bill (not the customer as FOS should always be free to the genuine complainant). I have however been advised it would take an Act of Parliament to bring about this change so i am not holding my breath although I think it would go a long way to ensuring that customers get genuine considered representation from ALL parties involved.

Posted by: Donald Fraser

29 Jun 2011 | 16:27
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