Monthly Archives: February 2017
The Jersey Financial Services Commission has launched a campaign this year to raise awareness in respect of the mis-selling of financial products. Of particular concern are cases when individuals with limited resources and little or no knowledge of complex investments have been advised to invest in high-risk products that are suitable for sophisticated and experienced investors only.
Here are some key points to remember when taking advise about a financial investment:
- You may have a good relationship with your investment adviser but remember, ultimately this is a business transaction. In a small community, the lines between business and friendship can easily blur. Are you too close to the person advising you?
- Assess the advice on the merits. Do you properly and fully understand what the risks are: Can you clearly explain those risks to a family member or friend in just a few short sentences?
- Most members of the public are retail customers and not sophisticated investors – is the product been put forward for your consideration intended for the retail market or is it only suitable for sophisticated and experienced investors? If you don’t know the answer to this question, ask.
- If you are invited to sign documents, make sure you have read and understood the contents of those documents. If you need more time, you are entitled to take it. Has your investment adviser set out in writing the key risk factors relating to your product? Do you agree with the risk profile that has been ascribed to you by your adviser? If you disagree, say so.
- If you are advised to cash in early a relatively low risk investment or a pension, be extremely careful before agreeing to do so. This is particularly so if you are at or near retirement age.
- Take a step back and ask: does it sound too good to be true?
The Financial Services Ombudsman is able to adjudicate on complaints arising from the mis-selling of financial products and the obvious advantage of this system is that the investor does not incur costs by engaging the Ombudsman. However, the Ombudsman cannot consider complaints arising from events prior to 1st January 2010 and can only award a maximum of £150,000 in compensation. For those investors who have suffered losses in excess of this sum, or who acquired a financial product prior to 2010, the appropriate step is to bring a claim in the Royal Court.
The majority of us will have had personal experience with specific charities. For many, it is important to support these charities after our death so that their services can continue to provide a benefit and make a difference. Leaving a bequest to a charity in your Will is a great way of doing this.
When leaving a bequest some may have a specific purpose in mind for the bequest they are making, however it is important to bear in mind that there are a vast number of charities, some with very specific aims and some with a wide and general purpose. Is it possible therefore, to bequeath money to a charity and specify how they put that money to use? The short answer is that in general, it is not possible to specifically direct how you would like your money to be used. This is because once a bequest has been made the funds belong to the charity and they are free to decide how best to use it. Having said this, it is possible to express a wish in your Will that the money be used for a specific purpose. This will give the charity a clear idea of how you intended the money to be used even if it is not binding. One of the most common examples that we see, is a bequest to a medical charity, with a wish expressed that the money to be used for research purposes.
Advocate Zoe Blomfield, Managing Partner
t: +44 (0) 1534 888666
HAND LUGGAGE put in the hold on a busy flight might seem like a mild inconvenience – but if your bag gets lost, stolen or damaged, it might not be covered by your travel insurance.
More of us are opting to travel with just hand luggage opting out of paying to check in a bag. However, this often means there are too many cabin bags to fit in the overhead lockers and airline staff need to stow a certain number in the hold.
Consumer watchdog Which? found that the leading five UK travel insurance companies including Aviva, LV and Axa don’t cover valuables placed in the hold for loss, theft or damage.
Which? is warning travellers to take any valuables out of their hand luggage before they hand it over to cabin crew.
Another issue with having to check your bag unexpectedly is waiting to pick it up from the baggage carousel. If this process is delayed and a passenger misses a connecting flight as a result, airlines are not required to pay compensation.
These days, it is highly likely that passengers may have their cabin bags taken and put in the hold, because planes simply don’t have the capacity to takes all bags in the cabin.
If you have to put a bag in the hold at the last minute, try to remove wallets, keys, laptops and other valuables. If any items go missing from the hand luggage bag that you had intended to keep with you, do make clear to the airline that you expect compensation.
Make sure that you know if your own travel insurance covers this eventuality before you travel.