Thousands of small businesses will be told that they may have been
mis-sold interest rate caps by their lenders, potentially putting the
country’s largest banks on the hook for at least £1 billion in new
compensation payouts.
The surprise move by the City watchdog could come as early as today.
Tracey McDermott has driven the change in the FCA’s policy
The
Financial Conduct Authority is expected to say that between 5,500 and
6,000 businesses will be allowed to join its redress scheme for swap
mis-selling, having been overcharged tens or even hundreds of thousands
of pounds on ceilings to protect them against interest rate rises.
Royal
Bank of Scotland could be hit hardest by the move, as industry insiders
say that it sold more than third of the caps that could now be
reviewed.
HSBC also could face a large bill, while Lloyds Banking Group and Barclays are understood to have smaller exposures.
The
decision to review the claims will be ann-ounced alongside a decision
from the FCA that it has set a deadline of March 31 for all claims to be
submitted to its interest rate swap mis-selling compensation scheme. It
is understood that the same deadline probably will apply to interest
rate cap claims.
Representatives of the banks, all of which signed
up in June 2012 to the regulator’s original interest rate hedging
products redress scheme, are arguing over the wording of the letters
that they will be required to send to affected customers.
Guto
Bebb, chairman of the all-party parliamentary group on interest rate
swap mis-selling, said that he was “bemused” by the change of approach,
citing problems with the existing scheme.
“In effect, the FCA are
instructing banks to offer them access to what we would consider to be a
redress scheme that is not delivering,” he said.
The decision is
understood to have been driven by Tracey McDermott, the former head of
financial crime and enforcement at the FCA, who this month took over as
director of supervision and authorisations after a reshuffle.
Pressure
to allow businesses that had been sold caps access to the review had
been growing as the few allowed into the scheme had shown almost
identical mis-selling and conduct breaches as those found among the sale
of swaps, which are more complex products.
More than 90 per cent
of the interest rate hedging product sales reviewed found some instance
of mis-selling, although not all victims have been entitled to the same
compensation.
Banks have offered £1.5 billion in compensation,
although campaigners have said that the process has been too slow and
idiosyncratic, with complaints that redress packages have varied wildly
between lenders.
More than 19,000 potential victims have been
reviewed and only a few were businesses that were sold caps. Before
today’s change, customers who had been sold a cap were eligible for
compensation only if they had bought a more complex interest rate swap
that ran concurrently it, or if they wrote to their lender and asked to
be included.
Unlike swaps, which left victims with costs to break
the deal and big premiums when interest rates were cut more than six
years ago, cap mis-selling involved customers who paid large upfront
fees that did not reflect the real cost of the product to their bank.
http://www.thetimes.co.uk/tto/business/industries/banking/article4337576.ece
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