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Is this the new PPI scandal? Banks 'mis-sell' derivatives to businesses

A growing number of business owners are reportedly complaining that banks mis-sold them costly derivative contracts alongside their loans.

 
Is this the new PPI scandal? Banks 'mis-sell' derivatives to businesses

Banks have been accused of a new mis-selling scandal, involving persuading business customers to take out costly derivative contracts alongside commercial loans.

An investigation by the Sunday Telegraph has revealed that all the main UK banks, including Barclays (BARC.L), HSBC (HSBA.L) and the tax-payer backed Lloyds (LLOY.L) and RBS (RBS.L), face legal action over their sale of interest rate swaps to small and medium-sized businesses.

These complex derivatives contracts were meant to protect borrowers from an upward movement in interest rates on their loans. However, when rates plunged after the 2008 financial crisis they turned sour and ending up costing business owners substantial sums to unwind.

Claimants complain that the costs of the swaps were never explained to them. The issue has parallels with the mis-selling of payment protection insurance (PPI) to personal borrowers, which is costing the banks around £6 billion in compensation.

Paul Adcock, who runs an electrical retailer in Devon, told the paper he had been sold an ‘asymmetric leveraged collar’ by Barclays Capital, the bank’s investment arm, after he took out a £970,000 loan from the bank. His business incurred £180,000 in costs related to the swap, according to the Telegraph.

James Dean, managing director at Legal Plus in Bolton, which is handling claims on behalf of small firms, said he had seen a wide range of businesses affected. ‘They are not sharp suited companies. They are ordinary businesses.’

The paper also revealed details of two legal cases in Bristol and Edinburgh involving Barclays and RBS.

Both banks issued statements insisting they sold the derivatives contracts properly and provided sufficient information to customers.

7 comments so far. Why not have your say?

lawrence tosh via mobile

Mar 12, 2012 at 10:36

The interest on this matter is well overdue the FSA and Fos have so far been shirking their responsibilities in this matter. It is time to take the lead and not wait for court decisions which do not surface due to the disgraceful tactics of banks settling on court steps subject to a gagging order on swap rate victim. Shame on you all banks yet again demonstrating back street bully boy behaviour. We are issuing our claim

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Imran chowdhury

Mar 12, 2012 at 11:46

They don't have a claim, if the rates had gone up then they would have happily claimed on the policy and saved thousands, as it happens it went down and cost them. That's life. If they win this claim I'm going to sue the national lottery, I will claim that over the last 10 years I have lost thousands yet there adverts only show people winning, thus they miss-sold the product.

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Anonymous 1 needed this 'off the record'

Mar 12, 2012 at 12:43

The practice of pushing derivatives is well established practice in commercial/business banking due to the size of the fees charged (as opposed to a simple and more appropriate fixed rate). In my experience unless the client was an investment fund manager or a accountant qualified FD at a sizeable corporate this was unethical. Most relationship managers have difficulty in understanding these products so I'm not surprised this is happening now.

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Ian Phillips

Mar 12, 2012 at 13:13

What ever happened to being responsible for you own actions?? Stop crying "Nanny, help me"......!!

Why didn't the FSA question this (and PPI) when it was launched?? Maybe the FSA should pay compensation?

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Chris Clark

Mar 12, 2012 at 13:59

Whatever an 'asymmetric leveraged collar' is supposed to mean, twits on this thread who argue who argue small businesses should have turned down what they didn't understand, are overlooking the rather bigger point that it was far more likely to have been, "no contract, no loan". This is the commercial loan equivalent of the personal loan scandal.

By around 2006 it was already getting hard to get anything simple from a bank without a load of other expensive unwanted strings being thrust upon you.

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RobertMorfee

Mar 12, 2012 at 14:57

Imran

Of course they have a legal claim. These contracts were in many cases unlawful.

The FOS has proved useless, and in any event its jurisdiction limits are too low.

Any business affected should see a solicitor. There are numerous firms in this market, (including mine) so a beauty parade is a real possibility. They should pick the firm they think suits them best.

Robert Morfee

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Simon Jarvis

Mar 13, 2012 at 08:40

There are numerous ways that these products could constitute 'mis-sold'. The banks were set a series of steps by the FSA that they had to go through in order to ensure that the products were fit for purpose. In many cases that I have seen there is considerable variance as to this level of care. Sometimes the banks did a decent job, but often they failed in several aspects. In the worst cases, they completely transgressed the rules.

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