RE: Barclays Judicial Review16 Oct 2024 17:57
Whilst commentators have compared this to the endowment and PPI scandals, there are important differences.
In both of those cases, the products were clearly mis-sold.
In the case of endowments, often on a promise of outsized returns without wanting that they could also fall short of repaying the mortgages they supported. (Although, ironically, most of them would have done that if held to term.)
The issue with PPI was that many people sold policies were either covered by existing work benefits - or would have been unable to have ever claimed it.
The issue here is that people *might* have paid more interest than necessary because dealers had discretion about how much interest to charge.
This practice is now banned, but was legal at the time.
The FCA have gone after finance in two counts. First is a failure to notify clients that there was a discretionary commission element. The second one is a whether customers were offered “best value”.
The compensation awarded in the two test cases was the difference between the two interest rates, plus 8% statutory simple interest.
Barclays are arguing that this is regulatory overreach; the FCA is seeking to (effectively) fine companies for something that was entirely legal. This is why they’ve sought a judicial review, which challenges the decision-making process, rather than the decision itself.
There are real issues here for financial services companies as the FCA has other things in its sights like car “gap” insurance.