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Non-ISA Keydata clients awarded compensation
by Alex Steger on Apr 23, 2010 at 15:15
Two clients with non-ISA Keydata investments have won compensation from the Financial Services Compensation Scheme (FSCS) by proving they were misled by a marketing brochure.
The FSCS has previously compensated ISA investors but has said it was reviewing all claims relating to investments in non-Isa Keydata SIB products on a case-by-case basis.
The successful claims by the investors, one of whom was an AWD Chase de Vere client, hinged on arguing that literature misled them over the involvement of KPMG in their investment.
Deloitte, which is reviewing the claims of non-ISA investors, has been contacting them to ask how important the reference to KPMG was in their decision to make the investment.
AWD Chase de Vere senior manager Jason Walker said that their client had received a letter from Deloitte on the subject and within two weeks received compensation.
‘It’s good news for some of the investors, and it’s quite likely that other investors may receive compensation,’ he said.
When KPMG discovered their name was being used on marketing literature they asked Keydata to remove it. Walker explained that Keydata did this but failed to inform existing investors that KPMG’s name should not have been on the brochure.
Walker added: ‘KPMG is a huge name and seeing that on literature will affect an investment decision.’
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5 comments so far. Why not have your say?
Nameless
Apr 23, 2010 at 16:02
What happens when an IFA turns round and says that their advice to a client was influenced by a statement in teh brochure about KPMG and that had the FSA made the adviser aware (as the FSA new) that this statementw as wrong, they would immediately have reviewed the suitability of the original advice?
It seems to me, the FSAs failure to inform IFAs through an appropriate medium that they had been told by KPMG that incorrect statements had been made about them, that the FSA failed in a duty of care to those it has contracts with and pays money too, i.e. IFAs......
Of course this would achieve nothing all the time the FSA and its staff carry no responsibility for their actions (or inactions in this case) and in fact leave with golden handshakes a la Clive Biault....
report thisPeter Hilton
Apr 23, 2010 at 16:32
The FSA was informed, in 2005, that Keydata literature contained "misleading statements"*. And the KPMG reference was not the only "misleading statement" in the Keydata marketing literature they were told about at that time - in very plain words.
They kept this disturbing information to themselves - and Keydata went on to suck in a further £350M of UK savers money over the next four years - now all at risk..
In my naivity I had assumed that the FSA's immunity from legal action was so they could, without fear of redress, tell us about the dodgy characters they came across in their regulatory duties. But no - it appears to be to protect them from any redress from angry and impoverished UK consumers. So they can be as incompetent as they like,and carry on regardless.
report thisPhil Castle
Apr 23, 2010 at 17:08
Thi is a direct extract from Secure Income Bond Issue 2. We did not arrange any of these for clients, but still kept copies as part of our research.
The return of your capital does not depend on the performance of the stock market but at the rate at which
the insurance contracts pay out within the bond. Because it is possible to ‘model’ how insurance contracts
mature, the risk level of the Secure Income Bond is reduced because the returns are more predictable than
with stock market investments (the Secure Income Bond uses an actuarial model developed by KPMG).
Work by KPMG shows that differences from the model become unimportant once a large number of
contracts are held in the portfolio. In order to create an immediate spread of contracts the Secure Income
Bond will invest in an existing portfolio, creating the diversity required by the KPMG model. The risk to your
investment is whether the companies issuing the insurance contracts default on their financial
obligations – or put more simply go into liquidation.
report thisPhil Castle
Apr 23, 2010 at 17:13
Unless any IFA who had read the previous brochure been informed through of teh inaccuracies of the previous booklet, one could argue that although not appearing in this booklet, teh fact the miselading statement had not been pointed out to IFAs, by either Keydat or FSA, they both became party to misleading advisers and their clients by their ommission.
"The return of your capital does not depend on the performance of the stock market but at the rate at which
the insurance contracts pay out within the SIP. Because it is possible to ‘model’ how insurance contracts
mature, the risk level of the SIP is reduced because the returns are more predictable than with stock market
investments. The Secure Income Plan uses an actuarial model. This research shows that differences from
the model become unimportant once a large number of contracts are held in the portfolio. In order to
create an immediate spread of contracts the SIP will invest in a new portfolio, creating the diversity
required by the model. One of the risks to your investment is whether the companies issuing the insurance
contracts default on their financial obligations – or put more simply go into liquidation. Please refer to
page 11 where the risk factors are explained in more detail.
You should be reassured that 90% of the insurance contracts within the SIP will be issued by financial
institutions with a minimum credit rating of ‘A’ (Source: Standard & Poor’s or equivalent).
report thisA Non
Apr 28, 2010 at 14:58
Strange....is this the same Chase de Vere that used to carry out mass mailings of this type of product and indeed got fined for mis-leading information!!??
Is this the same Jason Walker that was employed by them at that time?
Poachers turned gamekeepers I'd say!
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