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I Think I Am A Victim Of A Mis-Sold Finance Policy

August 7th, 2010

In Ireland over the past decade or so finance products and purchases have soared dramatically. As a result of the Celtic Tiger finance became extremely easy to arrange and as a result thousands of borrowers jumped into the world of financial purchases. Purchases were made for a wide variety of finance products including Loans, Credit Cards, Mortgages, Insurance Policies, Investments & Pensions.

When borrowers look to take out such complex financial agreements they usually do so only with trusted and professional lenders or brokers. They feel safe and relaxed in an environment that specifically operates in the products they are looking to purchase. The problem for borrowers however lies in the fact that these lending institutions and introducers were not always following strict consumer guidelines and government legislation and that is when many consumers fell victim to mis-selling.

What is mis-selling? Mis-selling can be used to outline a finance product which has multiple examples of flaws, errors, mistakes or which is unfairly balanced in favour of a credit company. For example when a mortgage application is taken out a consumer will have to sign a credit agreement which should by law be fairly balanced between the credit company and the borrower and include all information relevant to the credit being taken out. In Irish law this document is governed by the Consumer Credit Act 1995 and is legally required to have all vital information relating to the credit such as Credit Amount, Interest applicable, repayment terms, termination charges, APR variations and much much more. If any of these obligations are not clearly stated in the credit agreement it can be considered flawed, invalid or fundamentally unenforceable.

Other forms of mis-selling occur when a Financial product or insurance product is sold without the consumers’ best interest at heart. It is not uncommon to hear of a lending institution or intermediary selling a product or cover which does not benefit the consumer only the profits of that particular seller. This is considered a high form of mis-selling as purchasers use these companies and intermediaries as they believe it is these people with the professional know how and expertise who will stear them towards a suitable path not one which only benefits the introducer. The financial services ombudsman in Ireland in 2009 had over 7000 complaints direct from borrowers relating to being mis-sold, misinformed or misadvised and they expect this number to increase for 2010 with consumers now critically inspecting the contracts of the financial documents they have entered into.

With consumer complaints on therise and an already overworked environment within the government complaints department it is becoming increasingly relevant for individuals to have an alternative to the Financial Ombudsman. The Financial Ombudsman is a government body aimed to resolve disagreements between lenders and consumers on an even and unbiased level. The ombudsman is neither for nor against the consumer. It is an impartial process which is required to look at all details relating to a case and to mediate an acceptable settlement for all parties. The ombudsman is a professional and reliable service although it is not one that is completely geared towards the consumers.

Claims Management companies are a trusted avenue for consumers who have complaints against credit companies. Not only is it the sole purpose of these organisations to uncover and prove mis-selling but they are completely created towards the consumers and not the financial companies. It is these companies who completely have the consumers best interests at heart and from instruction will be working with and for the consumer. It is because of these obvious benefits that many consumers decide to lodge formal claims and complaints against lenders through these types of companies and not the Financial Ombudsman

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