HSBC fined for mis-selling to elderly in care

09 | 12 | 2011

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HSBC has been severely criticised and fined a record £10.3 million by the Financial Services Authority (FSA) for giving “inappropriate investment advice to elderly customers”.

The FSA found that just under 2,500 customers bought investment bonds from its subsidiary NHFA between July 2005 and July 2011, investing on average about £115,000 in long-term care bonds with a five-year term.

But, in around 87 per cent of cases they looked at, the NHFA was found to have encouraged customers to invest in unsuitable asset backed investment products such as investment bonds to fund long term care when many of the customers would have been better advised to put money on deposit to draw down when the money was needed.

The average age for these customers was 83. Typically, it is recommended that people invest in these products for at least five years.  However, many of the customers affected had a life expectancy of less than five years and started to withdraw from the investment sooner than expected.  A combination of early withdrawal and charges imposed meant that their capital was eaten away more quickly than should have been the case if they had been given proper financial advice and sold appropriate financial products.

The bank has fully accepted that some customers were given unsuitable financial advice and has said it is profoundly sorry.

HSBC was expected to have to pay out around £30 million in compensation to affected customers but in a move announced on 8 December this is expected to rise. The bank have pledged to examine cases of mis-selling to those who invested in NHFA products as far back as 1991, 14 years before they bought the investment advisor.

Malcolm Evans, Partner and Head of the Hugh James Nursing Care department welcomed the unreserved apology but said “HSBC was clearly trusted by its vulnerable and elderly customers and it is deeply worrying to see that such trust was breached in this way. I would urge the bank now to fully compensate those affected, including the estates of those customers who have since died, as soon as possible”.

The Hugh James Nursing Care Team leads the field nationally in recovery of wrongly paid care home fees. Our nursing care legal experts have successfully recovered over £20 million for families across the UK.

Visit our Hugh James nursing care service page

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Malcolm Evans

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E malcolm.evans@hughjames.com

T 029 2022 4871

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