Wednesday, 8 August 2012

interest rate swap mis selling

Interest Rate Swap Mis-selling Background Interest rate swaps were actively marketed by retail banks to their small and medium sized business customers from around 2005 to 2007 and proved extremely profitable for the banks. Businesses were pressured and/or forced to believe they had no other option by their Banks to enter into interest rate swaps, sometimes as a condition precedent in loan agreements. These products were sold as the ideal protection product guarding against interest rate rises and the financial difficulties a rise could have on a small/medium sized business. Interest rates however fell to record lows from late 2008 onwards leaving clients paying for an unsuitable product and suffering in the vast majority of instances, irretrievable financial consequences of the swap itself. There is clear evidence that interest rate swaps were mis-sold by well known high street banks to small and medium enterprises. Stellar Law act for clients mis-sold ‘swaps’ and pursue those lenders in order to resolve the financial impact it has had on our clients of such mis-selling. We act for clients that were mis-sold various types of swaps including LIBOR swaps, Base rate swaps, Interest rate caps and Base rate collars swaps. Banks have a duty of care to ensure when selling financial products that they provide a full explanation of the effects and potential risks of the product. This duty of care is even more relevant with the type and/or class of the customer. Lenders are required to make sure the product is suitable for the client. The banks are obliged to follow these principles and rules as stated by the Financial Services Authority which are set out in the Conduct of Business Sourcebook (COBS). In many of these sales, the banks breached this duty of care by: (i) not explaining to their customers the possible detrimental effects of the interest rate swap and the associated risks together with (ii) failing to consider that an interest rate swap may well not be the most suitable product for their client. If you believe you have been mis-sold a ‘swap’ there are a number of options, including negotiating with the bank, making a formal complaint to the Financial Ombudsman Service (FOS) and issuing proceedings and litigation against the bank. We are not a claims management company, therefore our remit allows us to not only complain to the FOS, but also issue legal claims and represent our clients at Court. The initial step would be to attempt to negotiate with the bank and reach an agreement on the loan and repayments. We’ll consider the facts of your case before preparing a detailed pre-action letter of claim to start off the negotiations with the bank. If the bank is not prepared to negotiate then litigation will be considered to take matters further on your behalf. We’ll consider the most appropriate strategy in which to recover your losses whether that’s direct litigation or making a formal complaint to the Financial Ombudsman Service which can obtain compensation of up to £150,000. Swaps are a complex subject which most lawyers will not be familiar with or understand to a level adequate enough to recognize Interest Rate Swap mis-selling claim. We specialize in this field and have vast experience in both financial services regulatory auditing and in litigation against banks.

Wednesday, 25 July 2012

Interest Rate Swap Claims

Interest Rate Swap Claim Did you know you may have been mis-sold your interest rate swap which means you could have an interest rate swap claim and therefore receive compensation? It is understandable that in order to survive in the modern world you need secure finance for your business. The issue is not having access to finance; the issue is having access to large amounts of finance in order to keep your business going though the hard times – and when the option arises to access finance by way of an interest rate swap then it is easy to see how quickly people’s business debt can spiral out of control. Increasing numbers of business owners are finding themselves with large amounts of business debt and finding it difficult to keep up the monthly payments. Therefore it is becoming increasingly popular for business owners to seek ways of securing finance through as many options as possible, and very often in ways that are not necessarily that straightforward and understandable. Business owners think there is no alternative but to accept the various funding methods made available to them by the financial institutions, which can often mean securing an interest rate swap with a view of locking into a reduced interest charge, however what many business owners were not told was if the Bank of England base rate dropped then the interest rate that had been secured would not and therefore leave the business owner with high repayments. It is a vicious cycle and in this current global financial crisis, business owners are no longer able to meet their minimum monthly payments. This is because they’re not aware there maybe a claim the interest rate swap was mis-sold and therefore they may be due compensation. The question many business owners ask themselves is it really possible to challenge the financial institutions on the basis the interest rate swap was mis-sold? Yes, there is. It’s possible you can challenge the interest rate swap mis-selling and in some cases you may well be entitled to compensation should the facts uncover that you were ill advised at the time. If this is proven to be the case, then the interest rate swap would be rendered unfair, meaning the lender mis-sold the interest rate swap and therefore cannot ignore the fact that you’re owed compensation and your losses – in other words, your interest rate swap may be challenged. In addition, you may be entitled to extensive compensation as you may have incurred losses as a result of having to take on more finance, incurred charges by your lender as well as charges for late payments, or exceeding your overdraft limit on your business account. You may also be eligible for compensation if you had to close your business down as a result of the higher rate of interest you have been paying when you took out your interest rate swap on your business finance. So, not only may it be possible to claim losses for the money you have lost, it may also be possible to claim back losses for having to close down your company, and also receive additional compensation for unfair charges. To find out if you have an interest rate swap claim due to financial institutions mis selling, visit www.StellarLaw.com where we will be happy to assess your issues, and identify how we can assist you in resolving these concerns as swiftly as possible. Our goal is to provide a professional interest rate swap claim service that ultimately clears your credit issues and gets you the compensation that is rightfully yours. For more information about Interest Rate Swap Claims, read our Claims Process page of how we may help you get redress.

Interest Rate Swap Claims

Interest Rate Swap Claim Did you know you may have been mis-sold your interest rate swap which means you could have an interest rate swap claim and therefore receive compensation? It is understandable that in order to survive in the modern world you need secure finance for your business. The issue is not having access to finance; the issue is having access to large amounts of finance in order to keep your business going though the hard times – and when the option arises to access finance by way of an interest rate swap then it is easy to see how quickly people’s business debt can spiral out of control. Increasing numbers of business owners are finding themselves with large amounts of business debt and finding it difficult to keep up the monthly payments. Therefore it is becoming increasingly popular for business owners to seek ways of securing finance through as many options as possible, and very often in ways that are not necessarily that straightforward and understandable. Business owners think there is no alternative but to accept the various funding methods made available to them by the financial institutions, which can often mean securing an interest rate swap with a view of locking into a reduced interest charge, however what many business owners were not told was if the Bank of England base rate dropped then the interest rate that had been secured would not and therefore leave the business owner with high repayments. It is a vicious cycle and in this current global financial crisis, business owners are no longer able to meet their minimum monthly payments. This is because they’re not aware there maybe a claim the interest rate swap was mis-sold and therefore they may be due compensation. The question many business owners ask themselves is it really possible to challenge the financial institutions on the basis the interest rate swap was mis-sold? Yes, there is. It’s possible you can challenge the interest rate swap mis-selling and in some cases you may well be entitled to compensation should the facts uncover that you were ill advised at the time. If this is proven to be the case, then the interest rate swap would be rendered unfair, meaning the lender mis-sold the interest rate swap and therefore cannot ignore the fact that you’re owed compensation and your losses – in other words, your interest rate swap may be challenged. In addition, you may be entitled to extensive compensation as you may have incurred losses as a result of having to take on more finance, incurred charges by your lender as well as charges for late payments, or exceeding your overdraft limit on your business account. You may also be eligible for compensation if you had to close your business down as a result of the higher rate of interest you have been paying when you took out your interest rate swap on your business finance. So, not only may it be possible to claim losses for the money you have lost, it may also be possible to claim back losses for having to close down your company, and also receive additional compensation for unfair charges. To find out if you have an interest rate swap claim due to financial institutions mis selling, visit www.StellarLaw.com where we will be happy to assess your issues, and identify how we can assist you in resolving these concerns as swiftly as possible. Our goal is to provide a professional interest rate swap claim service that ultimately clears your credit issues and gets you the compensation that is rightfully yours. For more information about Interest Rate Swap Claims, read our Claims Process page of how we may help you get redress.

Friday, 20 July 2012

Interest Rate Swap Mis Selling


What is interest rate swap mis selling?

There are varied and complex versions of swap products, however in their simplest form, with an interest rate swap, the customer agrees a rate of interest with their bank. If interest rates rise, the bank pays the difference. If interest rates fall the customer must pay the difference to the bank. Unfortunately many banks have not fully explained the risks or indeed the extortionate costs to exit these swaps.

In recent years High Street banks have been advising potentially inappropriate Interest Rate Swap (IRSA) products on small and medium enterprises (SME’s). These complex products carry significant risks to businesses and issues have arisen which make it clear IRSA’s have unfortunately in some cases been mis-sold which has resulted in some businesses going into administration or liquidation.

Interest rate swap agreements (known also as interest rate hedges or derivatives) were introduced to small to medium businesses from early 2000 and were sometimes conditional in the terms of the borrowing arrangement.

Businesses affected but not limited to, include:
•    Bar & Restaurants
•    Boarding kennels
•    Care Homes
•    Day Care Nurseries
•    Farmers
•    Franchise owners
•    Garden Centres
•    Hotel businesses
•    Mobile Home Parks
•    Property developers
•    Publicans
•    Shop owners

Stellar Legal believe it’s possible any business that has borrowed money in the previous ten years may have been mis-sold IRSA’s by the high street banks. Some of Britain’s biggest banks have admitted to interest rate swap mis selling and have been fined £billions accordingly and quite rightly, business borrowers may be wondering if they can make a financial claim.

- Were you warned of the high break costs associated with your IRSA?
- Was the product explained to you in full?
- Were the risks associated with an IRSA disclosed to you?
- Were you pressured into taking the product?
- Were you told you would be able to take a loan without also purchasing an IRSA?
- Have you now realised that this was in no way fit for purpose or appropriate for your company?

Other factors of consideration need to be determined before proceeding with a claim and our financial specialists and highly experienced solicitors will only proceed in the knowledge you have a chance of success, although not guaranteed, will be clearly explained giving you an informed decision to make before proceeding with a complaint to the lender. We’ll require the following details;
•    The type of business
•    The bank being contested
•    The advice given and the amount of information provided
•    The terms of the Interest Rate Swap

Rate Swap Mis-selling Compensation

If you think you have been a victim of rate swap mis-selling you can call our professional legal team for honest, professional advice. Wherever financial negligence has occurred, our solicitors will work tirelessly to get you the compensation you’re entitled to.
Often the banks have refuted the claims outright or have protracted their responses in order to trigger the time constraints set by the Financial Ombudsman Service.
In a number of circumstances, however, banks have already settled cases out of court amounting to hundreds of thousands of pounds.

How Our Service Works

Stellar Legal is here to dispute the selling of these Swap products on your behalf. Our service includes;
1.    A full review and redress service for businesses that may have been sold an unsuitable swap.
2.    Review of the sales process, the position of the business at the time of the swap and the technical details of the contract.
3.    Where the business is within the FOS jurisdiction, we will process the complaint to conclusion.
4.    If the business is outside of FOS jurisdiction, our Solicitors will litigate the claim (subject to ATE).

Our understanding and professional relationship with the Financial Services Authority (F.S.A.) as well as our in-depth understanding of Swaps, ISDA Master Agreements and Schedules not forgetting to mention our knowledge of the Financial Ombudsman Service (FOS) processes and access to ATE insurers, allow us to provide an extremely proficient service and manage your claim promptly and efficiently.
To find out if you have been a victim of interest rate swap mis selling visit www.StellarLaw.com where we will be happy to assess your issues, and identify how we can assist you in resolving these concerns as swiftly as possible.

Our goal is to provide a professional interest rate swap mis selling claim service that ultimately clears your claim issues and gets you the compensation that is rightfully yours.

To see if you may have been mis-sold an interest rate swap visit: www.StellarLaw.com

Stellar Law is a Financial Claims Company authorised and regulated by the Ministry of Justice in respect of regulated claims management activities, (Authorisation No: CRM15623).

Stellar Law. International House, 223 Regent Street, London W1B 2QD. Registered in England as a Limited Company Registration No. 06610207

Monday, 10 October 2011

Mortgage Claims

Problems may arise when one is committing on buying a home. This is because of the wrong advice they may receive and hence the buyers end up buying the wrong mortgage. This situation makes any buyer wonder what to claim, in such a situation the questions are still if they are eligible to make such claims or not. With these concerns mounting up, there are areas in the mortgage sector where claims are made. The two most important categories on where one can have a mortgage claim is the mortgage protection insurance and the mis sold mortgage.

Mis sold of a mortgage occur when the buyer accepts to pay for the mortgage fees, but in turn the problems arise when the mortgage is sold incorrectly. Mis sold mortgage result due to incorrect or rather wrong advice. The process of how a mortgage can be mis sold has been a mysterious and uncovered story. A mortgage can be mis sold when the interest rates of a fixed rate mortgage increases substantially and the adviser does not take in account on whether the customer can afford the payments or not. Such a situation leads results to mis sold mortgage. A mis sold mortgage also occurs when the circumstances of the customer on a certain mortgage are not taken in to deliberation. This is best explained by the fact that the adviser still does not consider the customers potential to meet the payments after a certain period elapses. The truth is that a mortgage can be mis sold if the customer sold a sub-prime mortgage, and yet does not fit the bracket of people with poor credit. With such, a mortgage is mis sold. If any individual buyer thinks that the mortgage he or she has bought is mis sold, then the opted way is to seek advice.

The financial service authority is an organization that tends to offer legal advice and also regulates the mortgages. This FSA organization ensures that the mortgage advisers deliver and provide the most accurate and reliable advice to the buyers. This is to prevent the buyer being mis sold a mortgage. In addition to this, there are mortgage rules and regulation that govern the mortgage sector. These rules are made for both the mortgage lenders and buyers, for the lenders they have to have a reasonable and accurate plan of payment, which tends to suit the customer. Lender must also be specific, as well as be able to know the best product for the customer. The intended rules for the customers, and then they should also know the interest rates, have a reservation fee, and also ought to have an early redemption penalty, as well as life insurance.

An insurance claim is made by the customer to the insurance company, so as to claim compensation for any accident involved. The mortgage protection insurance is on the mis sold mortgages; this insurance claim has been increasing as many buyers opt for it. The mortgage protection insurance is not compulsory, though its advantages to have the good mortgage protection insurance policies. This is because they cover all bills related to the mortgage such as interest rates and repayments among others. The mortgage protection insurance has pit falls such as not paying out when customer is off work due to medical conditions, not covering for the pregnancy, and also if customers reigns. Customers reclaim their mortgage payments in cases that the mortgage lenders are being dishonest regarding to customer service.

Monday, 27 December 2010

Sipp Advice


SIPP Advice, what you need to know?




There has been some news in the press of late about how it may be possible to invest your pension in an investment property using a SIPP – or rather how to purchase a property using a SIPP for your existing pension.




What most people don’t yet fully understand is how it is possible to use a SIPP as SIPP`s and the process of setting up a SIPP can be complicated and to help with the process of setting up a SIPP it is important to seek out a reputable financial management company who has a licence to offer SIPP advice. We can link you to a reputable and fully qualified SIPP Independent Financial adviser. Any company offering SIPP Advice that does not hold the necessary qualifications is not permitted to do so and would be breaking Financial Services Authority Rules.




The SIPP adviser will be able to communicate directly with you and your pension provider and provide a statement of the full costs associated to investing your pension through a SIPP. Once this is provided, only then can you decided if you really want to invest your pension through a SIPP. The SIPP adviser will be able to identify the full costs of investing your pension through a SIPP, and provide you with a regulated overview as to the full risks, advise you accordingly and only then can you make an educated decision to invest your pension using a SIPP.




Although many people would like to invest their pension in a property not all pensions can be invested using a SIPP, so you should seek SIPP advice from our experienced advisor.




The goal of any SIPP Advice provider?




The goal of any SIPP provider is to have the full cost and risk of the investment explained in detail. Although it is not impossible to achieve this by yourself, it is a lengthy and complicated process and one that really requires the experience and expertise of a SIPP advisor that is authorised by the Financial Services Authority. Their goal is to ensure they follow the correct procedures in order to provide a comprehensive explanation in terms of the risks and rewards. There is a lawful process that needs to be adhered to when providing SIPP advice with regards to the information being released under the FSA regulations. There is also a recognized SIPP provider that your pension company permit your pension to be invested through. Another vital component to maximize the success of SIPP is ensuring you choose a financial advisor who has a track record and the adviser we work with has a wealth of experience in the SIPP and Pension market.




This means that you, the investor, are given the best possible chance of achieving the returns on investment you require in order to have a happy retirement. A SIPP advisor will only agree to provide adequate SIPP advice if they believe you have a pension provider that will permit you to invest in a SIPP, so it is imperative that you establish that you have a SIPP enabled pension and a highly experienced SIPP advice team to evaluate your likelihood of success. People who make a SIPP investment do so with all the associated risks fully explained to them by our experienced SIPP adviser.



Sipp

















Once again is it imperative that you seek a regulated company to provide you with your SIPP advice and who is authorised to provide SIPP advice before you decide to go ahead and invest your retirement fund - it is their legal obligation. The law is the law, and has to be adhered to – even by financial investment advisors.




We have established links with financial advisors authorised to offer SIPP advice that can provide you with all of the information necessary to maximise your chances of success. In partnership with several major financial companies, plus an investment company authorised to offer investment property through a SIPP, where required, we will also provide the highest quality of legal expertise available.




Turning your pension into a Sipp Pension.




Our goal is to provide you with access to professional SIPP advice that ultimately covers all the aspects of investing your pension by way of a Sipp Pension such that you receive the necessary SIPP advice to be certain that the investment is correct and right for you.




To find out more and if you qualify for a SIPP and to see if your existing pension is eligible to be invested in a SIPP, register your details below.




You’ll be able to discuss your needs with a FSA-regulated Independent Financial Advisor, and arrange for a fast and hassle-free pension-to-SIPP conversion.




The adviser will look at SIPP providers and identify the most suitable SIPP for you. There is no charge for the adviser to identify your SIPP requirements.

Thursday, 23 December 2010

Sipp Providers


Why You Need A Sipp Provider?




The popularity of self-invested personal pensions (Sipps) has been on a powerful upward trajectory for the past couple of years, as a growing number of investors consolidate and take control over their pension funds.




Figures from the latest Sipp survey in April 2008 show 240,000 plans in existence, compared with just 80,000 five years earlier. One of Sipp providers Total sales for its best-selling Sipp were up by more than 53 per cent for the 2007-08 tax year, compared with the preceding 12 months.




But while the idea of moving your pension funds into a Sipp Pension may appeal, identifying the most appropriate product for your needs can be daunting: the 50 providers in the market all seem to operate different charging structures and different investment choices.



Sipp





This is one area where the services of our linked independent financial adviser (IFA) specialising in pensions can be particularly valuable. An adviser will be able to help in the choice of investments to hold within your Sipp, and advise on the most reputable, efficient and cost-efficient Sipp providers.




Whether or not you decide to use our IFA, it's worth understanding the range of options available, as Sipp providers come in several forms. At one end of the spectrum are the low-cost online providers catering mainly to individuals prepared to make their own investment choices without the help of a financial adviser. These include Hargreaves Lansdown, Sippdeal, James Hay's e-Sipp and Fidelity FundsNetwork.




Why You Need Sipp Insurance?




Then there are the insurance companies that have traditionally offered personal and stakeholder pensions and have now widened their range to include Sipps.
Some offer what are known as hybrid Sipps, requiring clients to put a certain amount of their investment into in-house funds before they can branch out into a range of externally-managed funds.




Some insurance houses also have deferred Sipps, where the client chooses from in-house funds but has the option to move into a more flexible, wider range of investments and manage them himself at a later date - for example, once his fund is large enough. But the Financial Services Authority has expressed concern that some investors may be paying for a level of flexibility that they are not actually using, so it’s important to clarify exactly how the charges work.




‘Full’ Sipps are available from a variety of smaller or specialist Sipp providers, as well as from certain insurers, notably Standard Life. These offer a wide range of Sipp investments including the spectrum of collective funds, single company shares, bonds, cash, overseas investments, traded endowments, derivatives and, in some cases, commercial property. Typically, they will cost more than those focusing on collective funds, particularly where property is concerned.




So what should you consider when you are deciding where to put your pension and setting up a Sipp? The most important thing to consider is to identify your own attitude to risk and your investment goals. Then we can help you find a plan that offers access to appropriate investments.




Turning your pension into a SIPP.




Our goal is to provide you with access to professional SIPP advice that ultimately covers all the aspects of investing your pension by way of a SIPP such that you receive the necessary SIPP advice to be certain that the investment is correct and right for you.




To find out more and if you qualify for a SIPP and to see if your existing pension is eligible to be invested in a SIPP, register your details below.




You’ll be able to discuss your needs with a FSA-regulated Independent Financial Advisor, and arrange for a fast and hassle-free pension-to-SIPP conversion.




The adviser will look at SIPP providers and identify the most suitable SIPP for you. There is no charge for the adviser to identify your SIPP requirements.