Interesting..
A low cost with profit endowment (which I am guessing is what is being discussed here) would never have had a written guarantee of it growing enough to repay the debt. It would have been sold (should have anyway) with a set of illustrations/quotes based on ASSUMPTIVE rates of return over th epoeriod of the mortgage. It would have had a clear statement that thos erates were assumptive and NOT GUARANTEED. The alternative would have been to use a full cost endowment (or repayment..better) which would have been likely prohibitively expensive. Anothe rtype commonly sold was a low cost low start endowment (even worse). Also the reliance ona 'possible' but not guaranteed level of terminal bonus should have been a concern to a risk adverse investor. (Erm nobody go cashing in a LCE early without checking the surrender value first though ok!!)
Whilst I do not doubt that the LCE were heavily pushed because they carry higher commission rates than say a repayment with a simple term or reducing term policy...they are and always were plans that carried the risk of a shortfall, and that would have been clearly stated in th ekey features documentation supplied pre sign up.
One thing that did happen a lot was the assumption on the part of the salespeople that the mortage and the LCE were linked. hence the term endowment mortgage I guess. To many people were 'misled' simply by not even being presented with arepayment option. That was wrong. However many took on a LCE simply because they were prepared to take on th erisk of a shortfall in return for the potential of lower payments and a potential excess on th epolicy after repaying the loan. In othe rwords this was a risk many chose to take in full knowledge of the possible shortfall.
Getting compensation was an option..I am unsure if cases of LCE miselling are still being considered by the ombudsman or not?? In any event I think the burden of proof lay witht he client to show that they were misold. That can be tricky given that much of the sale would have taken place verbally many years ago. There should have been a fact find completed at the time by th eadviser and signed by the client along with the applications and key features documents etc. If that fact find cannot be provided or shows that a repayment option was not even considered for example then some redress might be possible?? Also if there is now record of the keyfeatures docs being recieved pre sale by the client??...in short it's a case of never sign anything until you read and UNDERSTAND what you are signing.Its a shame, because you'd think that some elemant of fair play and trust/honesty would enter into it..after all we go to advisers because theya re the experts right? Wrong they are mostly salesmen under a LOT of pressure.
It's pig and
I really feel for those caught up in this debacle. I dont blame the advisers either, but do blame the greed driven fat cat target obsessed
bastards'managers' at the time.
JMHO..
as a guitar playing long haired cyclist
