Mass claims: ADR/regulation · 0 50,000 100,000 150,000 200,000 250,000 300,000 2003 2004 2005 2006...
Transcript of Mass claims: ADR/regulation · 0 50,000 100,000 150,000 200,000 250,000 300,000 2003 2004 2005 2006...
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Mass claims: ADR/regulation
In UK financial services
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Who am I?
Retired Chief OmbudsmanFinancial Ombudsman Service in UK
Member of Supervisory BoardLegal Ombudsman in UK
Member of network committee (chairman 2011-12)International Network of Financial Ombudsmen
Advised in 20+ countries worldwide, including for The World Bank, European Commission and USAID
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Financial ombudsmen worldwide
GreeceFinlandFranceDenmarkCanadaChileCzech RepublicBelgiumBosnia & Herzegovina(Republika Sprska) BotswanaArmeniaAustraliaAustria
Poland NetherlandsNew ZealandNorwayMalaysiaMaltaLithuaniaLuxembourgKazakhstanIndiaIrelandItalyHungaryGermany
United KingdomUSATaiwanTrinidad and TobagoSaudi ArabiaSenegalSlovakiaSouth AfricaSpainSwazilandSwitzerlandSwedenPakistanPeru
Financial ombudsmen (sometimes under other names) in -
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Previous financial ombudsmen in UK
1980s: separate industry-based voluntary schemes:- insurance- banking
1990s:separate regulator-based schemes:- investment advice- investment management
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Financial Ombudsman Service
2000: established by lawsingle combined schemelater extended to new areascompulsory for 100,000 financial businesses
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Enquiries (1,000,000+ per year)Cases (250,000+ per year)Mediation RecommendationDecision, binding if consumer acceptsUp to 150,000 GBP / 180,000 EURPublish data on named businesseswww.financial-ombudsman.org.uk
FOS process and powers
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New FOS cases in the last 10 years
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50,000
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2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
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0100,000200,000300,000400,000500,000600,000700,000800,000
bank andcredit card
charges
mortgageendowments
paymentprotectioninsurance
those threetopics
everythingelse
Impact of mass claims
Out of > 1,400,000 cases in last 10 years
Currently 650 each working day
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Lead casesIdentify ‘clean’ typical case(s)Progress as lead case(s)Put other (follow-on) cases on holdDecide lead case(s)Then ask parties how follow-on cases differWorks well on standard contract clausesBut cannot deal with individual ‘suitability’
SpreadsheetsSimplify communication (only)
‘Lead cases’ and ‘spreadsheets’
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2008Civil Justice Council proposed collective actionsgenerally. Government did not favour.
2009Government proposed, in financial services,collective actions + consumer redress schemes
2010Consumer redress schemes adopted, andcollective actions dropped
Collective actions / schemes
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Potentially conflicting legal objectives
Ombudsman
Fair redress in the circumstances of the individual case for those who complain
Regulator
Fair result across the market for those who apply (and maybe who don’t)
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Regulator considers:- widespread problem exists- a court would award redressRegulator can require businesses:- to take various steps and- issue a redress determination Consumer can appeal to ombudsman,who decides if business has donewhat the regulator required
Consumer redress scheme
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Consumer redress scheme
Outside schemeFair redress in the circumstances of the individual case for those who complain
Inside schemeSpecified result for those who apply (and maybe those who don’t)
Across market/single financial businessPublic accountability by regulatorOmbudsman applies scheme result
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Single-business schemesMortgage interest rate variationInvestment fund management
Across-market schemeInvestment fund sales
Informal schemeCash-machine (ATM) withdrawals
MeanwhileFOS still wading through PPI cases
Experience to date