A Practical Guide To Financial Ombudsman Service Claims

This book cuts a path through the rules of the Financial Ombudsman Service with practical guidance to the law and procedure of FOS complaints. An indispensable guide for lawyers navigating such complaints, and for those who wish to challenge FOS decisions. It also addresses the difficult area of how FOS complaints interact with Court procedures.

This practical guide discusses the specific intersection of the laws of tort and contract with financial services and where this gives rise to claims against financial institutions and professionals.

This new work offers a clear and concise analysis of the law relating to the mis-selling of regulated financial services products. The introductory chapters cover the history of mis-selling, from their origins at common law to the modern regulated environment. It also addresses important practical points for those pleading and defending financial mis-selling claims, focussing on the various causes of action and limitation periods. It provides an overview of the UK and European regulatory framework governing the sale of financial products and considers in detail five key product types: credit, mortgages, interest rate hedging products, insurance, and collective investment schemes. Each chapter looks at the sector-specific issues and the various mis-selling ‘scandals’ of the last decade and the case-law that emerged from them.

Financial services are an ever increasing part of the infrastructure of everyday life. From banking to credit, insurance to investment and mortgages to advice, we all consume financial services, and many millions globally work in the sector. Moreover, the way we consume them is changing with the growing dominance of fintech and Big Data. Yet, the part of financial services that we engage with as consumers is just the tip of a vast network of markets, institutions and regulators – and fraudsters too. Many books about financial services are designed to serve corporate finance education, focusing on capital structures, maximising shareholder value, regulatory compliance and other business-oriented topics. A Practical Guide to Financial Services: Knowledge, Opportunities and Inclusion is different: it swings the perspective towards the end-user, the customer, the essential but often overlooked participant without whom retail financial services markets would not exist. While still introducing all the key areas of financial services, it explores how the sector serves or sometimes fails to serve consumers, why consumers need protection in some areas and what form that protection takes, and how consumers can best navigate the risks and uncertainties that are inherent in financial products and services. For consumers, a greater understanding of how the financial system works is a prerequisite of ensuring that the system works for their benefit. For students of financial services – those aspiring to or those already working in the sector – understanding the consumer perspective is an essential part of becoming an effective, holistically informed and ethical member of the financial services community. A Practical Guide to Financial Services: Knowledge, Opportunities and Inclusion will equip you for both these roles. The editors and authors of A Practical Guide to Financial Services: Knowledge, Opportunities and Inclusion combine a wealth of financial services, educational and consumer-oriented practitioner experience.

Mobile technology offers an innovative and cost-effective channel for delivering a range of financial services, including mobile payments. In some jurisdictions, mobile payments simply provide a convenient option for facilitating payment transactions. In other jurisdictions, mobile payments are viewed as potentially transformative because they present an opportunity to expand access to financial services. However, as with other innovations, mobile payments raise consumer protection concerns and require robust regulatory mechanisms to address such concerns. Against this backdrop, the book adopts a typology of consumer policy tools which can be used to address the identified consumer concerns. This typology guides the enquiry into the existing consumer protection frameworks applying to mobile payments in selected jurisdictions (Canada, Kenya, and the United Kingdom). The main objective of this endeavour is to identify best practices that national authorities seeking to leverage mobile payments and similar innovations can emulate. This book will be of interest to policymakers, regulators, industry stakeholders, students, and scholars interested in the regulation of innovative financial services, particularly from a consumer protection perspective.

This book provides a detailed rationale for the creation of ombudsman offices; suggestions for structuring and documenting an ombudsman program and how to address issues that arise in litigation; a comprehensive presentation of various legal issues associated with organizational ombudsman programs;and numerous examples of how ombudsmen function in their organizations to illustrate how they are effective in addressing issues that people would not otherwise raise.

Packed with international case studies and examples, the book begins with a detailed analysis of the state of CRM and e-business in the financial services globally, and then goes on to provide comprehensive and practical guidance on: making the most of your customer base; systems and data management; risk and compliance; channels and value chain issues; implementation; strategic implications.

“A new edition of Dennis Rosenthal's Consumer Credit Law and Practice - A Guide is always an event to be welcomed by the busy practitioner... In all this welter of regulation, there is a great need for a work which reduces the mass of case law and regulation covered in encyclopaedic works into a clear, concise and readable form which steers a way through the labyrinth. This is just such a book... It is to be warmly welcomed.” From the Foreword by Roy GoodeThe most useful and comprehensive single volume work on the subject of consumer credit. Consumer Credit Law and Practice - A Guide, Fifth Edition is an easily accessible guide covering all aspects of consumer credit, consumer hire and ancillary credit businesses. Written in a clear and penetrating style, the new fifth edition has been extensively updated and rewritten to take account of all relevant case law, legislative changes and developments, including: - coverage of EU Directives relating to alternative dispute resolution, supervision of credit institutions and consumer credit agreements for residential immovable property - the transfer of licensing from the OFT under CCA 1974 to authorisation and permission by the FCA under FSMA - the substitution of substantial parts of CCA 1974 and regulations under that Act, by FSMA, regulations under FSMA including RAO, and the FCA Handbook, in particular the Consumer Credit sourcebook (CONC) and the Mortgages and Home Finance Conduct of Business sourcebook (MCOB) - new chapters on FCA requirements and procedures relating to authorisation and permission, treating customers fairly, supervision and reporting, and alternative dispute resolution - developments in related areas such as data protection, fraud prevention and anti-money laundering Consumer Credit Law and Practice - A Guide, Fifth Edition is essential reading for: banking and commercial law practitioners; in-house lawyers; companies operating in consumer credit related industries, including banks and building societies, credit card companies, finance and leasing companies; compliance personnel; and consumer advisers.