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Consumer Law Blog

What are the grounds for PPI mis-selling?

by Bradley Askew 26 July 2011

The Financial Services Authority (FSA) has been regulating the selling of Payment Protection Insurance (PPI) since 2005 regardless of whether it is sold by a bank, insurance company, a high street shop, or credit provider. Since 2005 anyone that sells PPI will need to have authorisation from the FSA.

The FSA has enforced various rules which regulate the selling of insurance products, including PPI. These rules are stated in the FSA regulatory handbook and are referred to as the Insurance Conduct of Business Standards (ICOBS).

The FSA rules require all companies that sell PPI to act honest and fair, to keep adequate records and gather sufficient information to ensure that the insurance product is suitable for the consumers needs. If any of these rules is breached, the consumer will have the legal right to make a claim that the PPI was mis-sold to them and if this is proven, the consumer will be entitled to a refund of any PPI premiums they have paid.

Even though there are only a few FSA regulations which govern the selling of PPI, there is a still a vast range of different ways in which a salesman can breach these regulations and create a mis-selling claim. Listed below are some of the most common grounds for claiming for mis-sold PPI:

The salesman added the PPI to your loan, mortgage or other credit product without your knowledge or permission;

  • The insurance company said that you would not be approved for credit if you did not purchase a PPI policy in addition to your loan;
  • The salesman didn't make it clear to you that you could purchase PPI form a different insurance provider or at a later stage and that you should shop around to ensure that you got the best deal.
  • The insurance company advised you to buy PPI when you were already protected by life assurance or health insurance, and failed to explain you wouldn't need PPI if you had these types of insurance already;
  • The salesman wrongly advised you to purchase a PPI policy which was unsuitable for your needs because you did not satisfy the policy requirements regarding your age, health, freedom from prior illness, or weekly hours worked.
  • The salesman failed to perform an adequate fact find and didn't ask you about your financial circumstances, your commitments, your level of indebtedness or any other insurances which you had in place to protect your income.
  • The salesman received a commission for selling you the PPI but failed to mention this in the loan documentation, even if it was mentioned in the sale conversation. Here the salesman has made an illegal secret profit and the sale contract becomes invalid.

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