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Consumer Law Blog

Regulation of Point of Sale PPI

by Bradley Askew 01 June 2011

Payment Protection Insurance, also known as PPI, is a type of insurance that is intended to cover consumers to help them continue making payments towards their debts if they suddenly lost their source of income due to ill health, accident or redundancy.

The majority of PPI Policies were sold alongside various credit products such as loans, credit cards and mortgages. Salespeople often persuaded the consumer to enter into a credit agreement in which they attempted to sell a PPI policy at the same time. The salespeople were also often paid a high commission for each policy they sold, and would often adopt a unfair tactics in a bid to pressure the consumer into purchasing a PPI policy, regardless of whether it was even necessary or suitable for the consumer's needs.

Many consumer groups became increasingly concerned about the lack of regulation and restrictions about the selling of PPI policies alongside credit products. The main problem stemmed from the method of selling of PPI to the consumer. The consumer was put in a vulnerable position and there was a greater risk of the product being mis-sold.

Financial Services Authority (FSA) rules require all businesses which sell PPI to act openly and honestly towards their consumers and to ensure that any policy which they recommend was entirely suitable for the consumer's needs, as well as making consumers fully aware that there could be better PPI deals on the market.

Consumer groups fears about the degree to which the laxity of point of sale PPI rules were open to abuse and were proven in an analysis of PPI mis-selling claims, this analysis revealed the shocking way in which PPI salepeople recklessly breached FSA rules when trying to secure a PPI sale. The most common examples of PPI mis-selling include the following:

  • The salesperson pushed a policy which was unsuitable for the consumer's needs, even though there were other cheaper, more suitable policies available;
  • Payment Protection Insurance was added to the sale without the consumer's knowledge or consent;
  • The salesperson lead the consumer to believe that they could only buy PPI then and there, and that they would not have the option at a later stage;
  • Payment Protection Insurance being included in the credit agreement, requiring the consumer to specifically ask for the PPI to be removed if he didn't want it;
  • The consumer being told that their approval for credit was conditional on them purchasing PPI;

Despite these widespread concerns, the FSA attempt to restrict point of sale for PPI marketing, and it was left to the Competition Commission to take this action. In October 2009 the Competition Commission decided to impose an absolute ban on selling PPI alongside a credit product on the grounds that it was harmful to competition and it made it difficult for the consumer to find the best deal. The banks appealed this ruling and the same month the Competition Appeals Tribunal overturned the new rules that the Competition Commission had acted unlawfully because its consultation process was flawed. The Competition Commission conducted a proper consultation and in May 2010 an absolute prohibition on selling PPI alongside credit products came in to force.

PPI policies which were sold alongside credit products are substantially more likely to have been mis-sold than any other PPI. If you have one of these policies, or you have had one in the past, you may be entitled to make a claim for a refund of thousands of pounds in compensation.

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