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As we have already noted, mortgage endowments currently account
for approximately 50% of all new complaints reaching the investment
division of the Financial Ombudsman Service. The number has risen
sharply, from 3,133 new cases in the period 1 April to 30 September
2000, to 5,110 in the last five months. These cases vary considerably
in detail. However, in a very large number of the complaints we
upheld, the endowment was an inappropriate product, bearing in
mind the customer’s attitude to risk.
In
October 2000 we issued a briefing note for firms. This outlined
how we had been dealing with mortgage endowment complaints to
date and explained our approach. Our aim was to enable firms to
handle these complaints with greater confidence and consistency.
We stressed that compensation is likely to be due only where the
endowment policy was wrongly sold at the time and there has been
a loss as a result.
Our
note was followed in November 2000 by the Financial Services Authority’s
Consultation Paper on endowment mortgage complaints, CP75. This
set out the guidance the Financial Services Authority (FSA) proposes
to issue, helping firms to determine whether customers suffered
financial loss and to quantify the loss, where there was one.
Firms
will be reviewing their procedures in the light of this consultation
paper, and we are developing our working methods, in the the light
of the anticipated regulatory guidance, to deal with the large
number of complaints we have received.
We
are keen to give firms whatever assistance we can. We plan to
publish the identification of common issues, decision trees and
the guidance on appropriate redress that we will be using. We
also plan to provide training based on this information. More
details will be available on our website
after the FSA has issued its regulatory guidance.
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