ombudsman
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July 2003
issue 29
from the Financial Ombudsman Service

essential reading for financial firms and consumer advisers

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in this issue
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the proceeds of Crime Act 2002
travelling again? travel insurance disputes
not all bonds are 'investments'
banking and mortgages: 'voluntary concessions'
investment case round-up
ask ombudsman news
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not all bonds are 'investments'

guaranteed income bonds

We have received a significant number of complaints about so-called ‘guaranteed income bonds’, which some commentators have called ‘precipice bonds’.

Typically, the income is guaranteed for the life of the bond – but may be paid out of capital if the value of the shares that the bond is invested in, or the index to which the bonds are linked, falls substantially (as has happened recently). If there is a fall, the capital invested will not be returned in full.

These bonds are technically ‘structured products – capital at risk’. They are investment products, and the normal rules about investments and investment advice apply.

guaranteed capital bonds

We are also starting to receive complaints about so-called ‘guaranteed capital bonds’ or ‘equity bonds’. These are a quite different product.

Typically, customers are guaranteed to get their capital back when the bond matures – but the income is based on the rise in the value of the shares that the bond is invested in, or in the index to which the bonds are linked.
If there is a fall in these values (as has happened recently) then there is no income. Although called ‘bonds’, they are really fancy deposit accounts – technically ‘structured deposits – income at risk’.

These fancy deposit accounts are banking products, not investment products. The same rules apply as for any deposit account. The firm is not required to complete a ‘fact find’ or to volunteer advice – although it is liable for any advice it does give. The firm may be liable to pay compensation if it gave misleading information or negligent advice, or if it set up the account in a way that did not coincide with its customer’s instructions.

In the case of both ‘guaranteed income bonds’ and ‘guaranteed capital bonds’, we will be looking particularly closely at complaints where a firm canvassed an existing customer (who was not looking to move their money) and persuaded them to move, on promises of a better return.


 

 

  Produced by the publications team at the Financial Ombudsman Service We hold the copyright to this publication. But you can freely reproduce the text, as long as you quote the source. © Financial Ombudsman Service Limited, July 2003
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