Instead, banks, mortgage companies and credit card providers
should face a two-week wait before they can contact their customers
about buying a PPI product.
The proposal is one of several contained in a consultation paper
published by the competition watchdog today.
PPI covers repayments due on credit products if the borrower
cannot afford to pay because of an accident, sickness, unemployment
or death. The proposals form part of a package of remedies intended
to increase competition and reduce prices in the PPI market.
There are over 13 million PPI policies in the UK. The vast
majority of these were sold alongside and at the same time as
personal loans, credit cards, mortgages and second mortgages.
According to the Competition Commission, this gives distributors a
'point-of sale' advantage, making it more difficult for other
providers to reach those customers and discouraging customers from
shopping around for a better deal.
The Commission has been investigating the PPI market since
February 2007. Reporting on its provisional findings last June, it
concluded that distributors of PPI products faced little or no
competition when selling PPI to their credit customers, with the
result that many customers were being overcharged.
The Commission's proposed solution is to remove the
'point-of-sale advantage' altogether by preventing the distributor
from actually selling a PPI product to a customer for 14 days after
the credit sale to that customer, although it may provide the
customer with a quote. The customer can then shop around during the
14-day period, or he may decide of his own accord to approach the
distributor after 24 hours and buy the PPI.
The Commission would also ban all PPI products that are paid for
by a single premium because it believes they act as a barrier to
customers switching to another provider.
It has, however decided against its earlier proposal to
introduce a price-cap on PPI products, hoping instead that its
measures to increase competition will naturally result in lower
prices.
Other proposed remedies include requiring credit providers to
give customers a 'personal PPI quote' setting out the cost of the
PPI policy on its own and when added to the credit product.
Customers who buy a PPI product would also be sent an annual
statement to encourage them to review their cover and decide
whether or not to switch providers.
Advertisements for PPI products would have to include the price
expressed in a common format (monthly cost per £100 of monthly
benefit) and reminders that PPI is optional and available from
other providers.
All PPI providers would also be required to provide information
to the Financial Services Authority for inclusion in the FSA's PPI
price comparison tables and to the Office of Fair Trading on
compliance.
Nick Starling, Director of General Insurance and Health at the
Association of British Insurers, said the Commission was making a
mistake in trying to ban point-of-sale PPI.
“This is devastating news for consumers. By effectively denying
consumers PPI in the very economic climate that they need it most,
the Competition Commission has got this completely wrong," he said.
"Unemployment claims on PPI policies have grown by 69% in the last
twelve months, showing just how valuable this cover is proving to
be."
“The Competition Commission still has the opportunity to rethink
its proposals before publishing its final report in January. It is
essential that it does so," he said.
"We understand that poor sales practices are never acceptable
and we will continue to work with the Commission to resolve the
outstanding issues in the PPI market. However, if the Commission
continues down this path it will kill the PPI market altogether,
leaving millions of consumers with no protection at all,” said
Starling.
Alan Davis, competition partner at Pinsent Masons, the law firm
behind OUT-LAW.COM, said:
"Prohibiting the sale of PPI at point-of-sale in the way the
Commission has proposed will create enormous confusion for
customers and will discourage customers from taking PPI at all.
What will a customer think if a credit provider says 'Here is a
quote for PPI which is a valuable product but I am legally
prohibited from selling it to you at the moment?'"
"A cooling-off period following the sale (which already exists
under FSA rules) combined with enhanced consumer information about
switching and comparison tables would be more than sufficient.
Nevertheless, the fact that the Competition Commission has steered
away from price caps is to be welcomed," he said.
Peter Vicary-Smith, Chief Executive of the consumer organisation
Which? welcomed the proposals.
"This is a huge victory for consumers who have often felt
pressured into buying expensive and inadequate PPI products," he
said. "The Competition Commission has listened to the consumer
voice and has taken decisive action."
“Single premiums trap people into poor value products that are
difficult to get out of, but by staggering the payments, consumers
will have more control. This sounds the death knell for shoddy
protection and is a wake up call to the industry to develop useful
products that consumers actually need,” said Vicary-Smith.
The Competition Commission has asked for comments on its package
of remedies by 4th December 2008.
Want more content like this? This story was written by the insurance and reinsurance legal experts at Pinsent Masons, the law firm behind OUT-LAW.COM. See our legal info for Insurance and Reinsurance.
Disclaimer: We hope you find OUT-LAW’s content useful. It’s prepared by the lawyers at Pinsent Masons. Please remember, though, that it’s intended as general information only. It’s not legal advice. If that’s what you’re seeking, please
contact us. See also: our
full disclaimer