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Tag: Tolleys Pensions Taxation guide by Stephen Ward

  • Vicious Circle of Stephen Ward’s and Dalriada’s pension scams.

    Vicious Circle of Stephen Ward’s and Dalriada’s pension scams.

    January 28/29 2021 saw the cross examination of Stephen Ward in Pension Life’s criminal case in the Denia court. Ward gave the judge an elaborate explanation as to how and why none of the Continental Wealth Management pension and investment scams were his fault.

    Ward provided the pension transfer “advice” to hundreds of Continental Wealth Management victims – facilitating the handing over of millions of pounds’ worth of personal and occupational pensions into the hands of well-known, firmly-established scammers. Once out of the relative safety of the UK, and into the offshore abyss, the scammers made millions out of undisclosed commissions on the victims’ life savings. The investments were, of course, largely worthless. Victims lost somewhere between a small percentage and a large percentage – with a few losing 100%. And a few more even going overdrawn on their pension accounts.

    Ward’s Spanish firm Premier Pension Solutions, worked as “sister company” to Darren Kirby’s and Jody Smart’s Continental Wealth Management. After Ark in 2011, Ward moved straight onto the Evergreen New Zealand QROPS liberation scam. And CWM did the cold calling to sign up 300 victims to the toxic £10 million pension scam and so-called “loans” from Ward’s own finance company – Marazion.

    Ark (and indeed Evergreen) victims may well want an answer to the question: why hasn’t Ward been prosecuted before now? The lack of any previous criminal proceedings against him, for the many other scams he was involved in, is – indeed – astonishing.

    Capita Oak, Westminster, Southlands, Headforte, London Quantum et al – could all have been prevented had Ward been behind bars. Victims of all of those scams might still have their pensions had it not been for Ward.

    Part of the answer may lie with Dalriada Trustees. The firm was appointed by the Pensions Regulator to the Ark schemes as independent trustee on 31st May 2011. Over £27 million worth of pensions had been transferred from safe, professionally-run pension schemes into the six Ark schemes. Nearly 500 people are affected – many of whom had received reciprocal “loans” on the advice of Stephen Ward and his very convincing associates. Ward had assured all the victims that the loans would be “tax free”. But, of course, HMRC does not share that view – and the tax trial is starting in March 2021.

    HMRC is looking to tax all those who did get “loans” and also all those who didn’t. HMRC’s argument is firstly that even if members didn’t get a loan, they had made the transfer with the intention of getting a loan, and secondly that they “made” a loan.

    One of the first questions I ever asked Dalriada back in 2013 (appointed by the Pensions Regulator – who registered the Ark schemes in the first place) was:

    “Why didn’t you bring criminal proceedings against Stephen Ward and all the other scammers who set up and ran Ark?”

    Dalriada’s answer was:

    “We didn’t think it was within our remit”.

    So what is (or was) Dalriada’s remit? And has it fulfilled that remit? And how much has it cost?

    DALRIADA’S REMIT:

    • To suspend the Ark schemes so that no further “loans” could be made; no further victims lost their pensions; no further toxic investments could be made
    • To investigate the schemes to find out how they had been run and where the money had gone
    • To recover the toxic investments and return the money to the schemes
    • To liaise with the members and keep them informed
    • To liaise with HMRC on the unauthorised payment tax liabilities

    The above points are all guesses on my part. Certainly, Dalriada has admitted that they didn’t really know where to start at the beginning. They had no idea what they would find, once they started investigating, and no clue as to how much work was going to be involved.

    Dalriada has, indeed, recovered some of the toxic investments in the Ark schemes. But communications with the members have been limp at best. Dalriada has spent a lot of time, effort and money on taking proceedings against the victims themselves to recover the “loans”, but seems to have spent zero time, effort or money on pursuing the scammers.

    Most important of all, Dalriada has not invested any of the money left in the Ark schemes – so members (victims) have missed out on the longest investment bull run in history. Bottom line: there’s been no growth in the value of the Ark funds – only shrinkage. Had the funds been invested in something as simple as a low-cost tracker fund, they could have grown by some 330% at least.

    Of the original £27 million in the Ark schemes, Dalriada has spent more than £7.4 million on trustees’ and lawyers’ fees between 31st May 2011 and 31st May 2020. But isn’t it reasonable to ask: “Why couldn’t Dalriada have spent some of that money on criminal proceedings against Stephen Ward and some (or all) of the other scammers?”

    Dalriada Trustees have been appointed to more than 100 pension scams in the past ten years (by the Pensions Regulator). But there is no evidence that any of the scammers – especially the prolific Stephen Ward – have ever had any CRIMINAL action taken against them by Dalriada in an effort to prevent further scams.

    The Mail’s financial reporter Tom Kelly (who has been covering the CWM criminal trial in Spain) has published an article about Dalriada and their trusteeship of pension scams.

    Kelly reports that “Pension scam victims have lost millions of pounds more to the government-appointed trustees hired to get their money back.” and that “Victims say Dalriada Trustees ‘inexplicably’ held their recovered retirement savings for years and then only paid a fraction of their money back.”

    Kelly has been to meet me in Spain several times. He attended the Denia court for the first set of cross examinations in 2020, and reports that “tens of thousands of savers had lost up to £10 billion in rogue schemes that looked safe because they were registered by HMRC and overseen by the Pensions Regulator”. 

    Kelly goes on to cite the case of one victim who waited seven years to have his £157,000 pension pot returned to him by Dalriada. But they deducted £90,000 in charges before handing it back to him. And this was after Dalriada had rescued the fund in full, before the scammers had managed to invest the money in toxic, commission-paying assets.

    With 5,400 pension scam victims having Dalriada as their trustees, it is perhaps time to ask whether this is a tenable solution. Scammers could, realistically, be forgiven for thinking that once Dalriada takes charge, this is merely a license for the next scam, and the next one, and the next one…… Because, Dalriada is never going to report the scammers for fraud. So they are free to keep on scamming people out of their pensions repeatedly.

    And Dalriada is free to keep on earning fees out of more and more scams which were registered by the Pensions Regulator and HMRC, and placed into their hands by the Pensions Regulator (and taxed by HMRC). Repeat, repeat, repeat. Vicious circle perpetuated by limp regulation, lazy trustees and stiff scammers.



    February 11, 2021
  • CWM Criminal Trial 24th February 2020

    CWM Criminal Trial 24th February 2020

    The protagonists behind collapsed Spanish advisory firm CWM – Continental Wealth Management – will be on trial week commencing 24th February in the Denia Criminal Court of First Instruction.

    Scammers at CWM destroyed 1,000 victims' life savings totaling £100 million.  CWM was shut down in 2017 when the scale of their crimes became too embarrassing for OMI, SEB and Generali to tolerate any longer.

    This criminal matter will have enormous ramifications for similarly-affected victims, and for any advisory firms which have engaged in any of the same practices used by CWM. These illegal practices include the gratuitous selling of insurance bonds from bond providers such as OMI, SEB, RL360, Friends Provident and Generali; putting low-risk investors into commission-laden, high-risk investments; churning and concealment of backhanders; forged or copied client signatures on investment dealing instructions.

    The routine “sale” of insurance bonds (whether the clients need them or not – which 99% of the time they don’t) is illegal in Spain.  Undoubtedly this will be similar or identical in other jurisdictions.  The Spanish Supreme Court has ruled that insurance bonds are invalid for the purpose of holding investments. But still the scammers continue to flog them indiscriminately – purely for the fat commissions.

    Insurance bond salesmanship has become one of the biggest, most widespread and toxic crimes across all expat territories – and now it must be outlawed by the ethical sector of the financial services market. And there is an ethical sector which abhors the toxic and dishonest practices which will be the subject of the CWM trial. There is also a “semi-ethical” sector which is genuinely ashamed that it too has carried out such practices, but which is determined to clean up it’s act and “go straight” from now on.

    Make no mistake – the Denia Criminal Court is determined to clean up this stretch of the Costa Blanca in particular and Spain in general – as well as make an example out of the CWM scammers.  Some of the CWM victims, as well as Ark and Capita Oak victims – and those financially ruined by both Stephen Ward and Paul Clarke – will be at the court hearings the week of 24th February. There will be local and international press coverage to highlight the importance of this significant event.

    The defendants in the CWM case were served in early January.  They are now compelled to come to court to be cross-examined by our lawyer.  Each defendant will have his or her own legal representative and also a court-appointed translator.  The cross examinations will take place privately in front of the judge, but a transcript of each one will be published subsequently. I will translate these transcripts and make them publicly available on the Pension Life website as soon as they are made available by the court.

    The dates of the now compulsory court hearings are:

    • Monday 24th February from 10 a.m.: Darren Kirby; Patrick Kirby and Anthony Downs
    • Tuesday 25th February from 10 a.m.: Jody Smart, Neil Hathaway and Dean Stogsdill
    • Friday 28th February from 10 a.m.: Stephen Ward and Paul Clarke

    Darren Kirby did not show up for the last criminal trial – when he was accused of defrauding three victims out of their life savings in order to give him money to prop up the rapidly failing CWM and to pay money to his partner – Jody Smart – to invest in her fashion business: Jody Bell. One of the complainants in this previous case has since died.

    Stephen Ward of Premier Pension Solutions has fled to Florida where he owns a portfolio of at least ten mortgage-free properties near Disneyland. However, he will not succeed in avoiding prosecution.

    Sole director and shareholder of CWM, Jody Smart did turn up for the last criminal trial, so it is expected that she will probably attend this one. Smart will be keen to deflect blame from herself and claim that she was only a “nominee” director. However, in the last two years of operation, she paid herself 991,035.86 Eur (on top of her already more than generous director’s salary) – 670,035 Eur into her property company Mercurio Conpro and 321,000 Eur into her Jody Bell fashion business.

    The remaining CWM defendants: Anthony Downs, Neil Hathaway, Dean Stogsdill and Paul Clarke are likely to turn up since they are all based in Spain and have families, property and businesses here.

    CWM earned 3,391,876 Eur in commissions on sales of insurance bonds and structured notes in the last two years of operation. Scammers like CWM generally made at least 16% commission out of victims’ pensions and investments. This would mean that in this period, CWM scammed victims out of approximately 17,000,000 Eur. On top of his, the firm earned many hundreds of thousands from victims they cleaned out promising them shares in the company (which Darren Kirby had claimed was worth 10 million), properties and cars. But when the firm closed, the CWM bank account was virtually empty. This video will illustrate some of the appalling misery the CWM victims endured – and the extent to which Jody Smart benefited from the money stolen from the victims: https://www.youtube.com/watch?v=lYlxu8YOaAM&t=3s

    The following related entities have been asked to provide documentary evidence to support the complainants cases:

    Inter Alliance, Globalnet, Trafalgar, Old Mutual International, SEB and Generali

    This evidence will include copies of risk profiles and investment dealing instructions – bearing the forged investor signatures.   

    This criminal case has been brought by using 17 “lead” cases – victims of the CWM scam who have all lost considerable amounts of their life savings. These victims are now the lead complainants who also represent the interests of the further hundreds of victims who have suffered similar fates. The lead complainants have put an enormous amount of time, work and self-sacrifice towards this matter. Each complainant has had to re-live the horror of their suffering at the hands of CWM – telling their painful stories to our lawyer Antonio Bertomeu. Most of the lead complainants are based in the vicinity of Denia – where CWM committed the majority of the crimes. However, one complainant came all the way from Portugal.

    I will be with Antonio Bertomeu the week before the trial as we prepare for the cross examination of the defendants in court during the week of 24th February.  This is a crucial point in the proceedings as there has been a substantial amount of further evidence which has emerged since this complaint was originally filed in court in June 2019.  There are also further defendants who will now need to be included in the proceedings.

    The Denia court has stressed that this is an issue which is of great importance as it involves three serious criminal offences which are likely to involve substantial financial penalties and custodial sentences:

    • Falsification of commercial documents
    • Disloyal administration
    • Continuous fraud

    The outcome of this case will inevitably have far-reaching consequences for the industry globally – especially since the practices which are the subject of these criminal proceedings have been widely practised for a number of years. These crimes have not been exclusive to Continental Wealth Management and their associates.  There are many victims beyond the clients of CWM who have suffered similar crippling investment losses. The scope of these criminal proceedings will now inevitably reach into other firms and jurisdictions.

    January 29, 2020
  • FCA boss £589,000 – Whistleblowing team £500,000

    FCA boss £589,000 – Whistleblowing team £500,000

    Pension Life Blog - FCA boss £589,000 - Whistleblowing team £500,000THE DIZZEE RASCALS AT THE FCA:

    My exasperation and disgust at the FCA’s incompetence has for years been very profound.  However, learning that Andrew Bailey – CEO of the FCA – gets paid 18% more than the whole whistleblowing team of 12, has made me feel two things:

    1. Enormous respect for the gentlemanly and (IMHO) restrained manner in which Henry Tapper has written his blog about the FCA and Debbie Gupta.  The latter is blaming IFAs for “failures to call out bad practice” and claims her “view of the industry is not as positive as it could be”.
    2. Sick

     

    DEBBIE GUPTA – FCA’S CO-DIRECTOR OF LIFE INSURANCE AND FINANCIAL ADVICE SUPERVISION

    I have never come across Debbie Gupta before.  I am wondering what planet she has been on for the past six years.  Victims, concerned members of the financial services industry and I have literally been hammering at the FCA’s door repeatedly.  And all we have to show for it are red knuckles and chipped teeth from excessive gnashing.

    In his blog, Henry quite rightly points out that “The spirit of collaboration will win, confrontation won’t.”  It is a well-known fact that one wins more battles with honey than with vinegar.  But two terrible wrongs have to be righted: Gupta must learn not to spout utter garbage that she knows nothing about.  And Andrew Bailey must be sacked.

    Let us be clear: the FCA is an embarrassment to Britain.

    The cost of the FCA’s many failures is borne by IFAs in terms of levies to the FSCS as well as soaring professional indemnity insurance premiums. And the thousands of victims whose lives have been destroyed by fraudsters operating under the very nose of the FCA.

    Pension Life Blog - FCA boss £589,000 - Whistleblowing team £500,000Before Debbie Gupta sticks her big foot in her mouth any further, I would suggest she attempts to learn something about scams, scammers and scamees.  She should come and spend a week with me. Sit up until midnight talking distraught victims out of suicide a couple of times.  She should go to Port Talbot with Al Rush and talk to some steelworkers and hear their tragic stories for herself.

    Finally, Gupta should take a long hard look at the number of FCA-registered firms that have facilitated or committed financial crime.  And then she should not just take back her ill-conceived words, but apologise for the profound disrespect and contempt she has shown the British advisory profession.

    I have experienced at first hand how difficult (impossible) it is to get through to the FCA.  Last year, I wrote a blog about my last visit. I wonder what more I could have done to “collaborate” with somebody – anybody – at their magnificent offices.  I came pretty close to taking all my clothes off and singing “Bonkers” by Dizzee Rascal while shaving my head and reading Tolley’s Pensions Taxation. But still the FCA refused to speak to me.  Even the guy in the post room made it clear I was a blooming nuisance when I handed in my whistleblowing report. (Which was, of course, ignored – and probably shredded).

    The FCA needs to do a number of things to become an effective regulator – and none of them is particularly difficult or challenging:

    • Stop paying ridiculous, offensively-high salaries to no-hoper executives like Andrew Bailey.  Bailey has shown he has neither the inclination nor the ability to run a regulatory authority.  Throwing away nearly £600k a year on such a failure isn’t going to make him want to change and start doing a bit of regulating from time to time.  Bailey is laughing all the way to the bank as he sits in his luxurious office and does SFA at the FCA.  At the industry’s and public’s expense.
    • Buy some ladders.  Window cleaners known how to use them – so I’m sure the nitwits at the FCA could try to copy them.  The fat, low-hanging fruit only account for a tiny percentage of the offenders – all the really bad guys are at the top of the tree.
    • Take action against FCA-registered scammers.  One appalling example is Gerard Associates which helped Stephen Ward scam 100 victims out of their pensions in 2014 and into toxic, high-risk, high-commission investments such as imaginary eucalyptus plantations.  The scam, London Quantum, was masterminded by Ward and used to ruin dozens of victims – including a police officer.  Gerard Associates provided the FCA-regulated advice.  And remains FCA authorised to this day (even though it is in liquidation).
    • Buy a bunch of hearing aids.  And listen to people.  To IFAs and the industry in the UK and offshore; to the public; to me.
    • Take part in Andy Agathangelou’s monthly Scams and Scandals conference call – and learn a huge amount from experts and victims alike.
    • Update the FCA’s Whistleblowing section on the website.  It is three years out of date.  Reach out and invite the industry and the public to report suspicious activity – make it easy for people who take the time to stick their necks out.  Welcome them with open arms and show them you care.  And actually do something about the whistleblowing reports (don’t just shred them like they did with mine).
    • Demote Debbie Gupta to Junior on the Whistleblowing team – and pay her £41k a year like the other 12.  Make her learn what this industry is really about.  And teach her to keep her mouth shut until she begins to understand the seriousness of what she is talking about.  Once she has learned some sense and memorised the immortal words of Dizzee Rascal: “Everybody says I got to get a grip, but I let sanity give me the slip”. She might then be ready to do a bit of regulating.

    Pension Life Blog - FCA boss £589,000 - Whistleblowing team £500,000All the above will save the FCA nearly three quarters of a million pounds a year.

    It will only cost a couple of hundred quid for a few dozen hearing aids and ladders.  Andy Agathangelou and his team will give their advice for free. I know several dozen victims who will happily help out.  By getting rid of the dross at the FCA, and providing just a bit of training for staff in the reception area and post room (as well as all the way up to the board room). It should be possible to turn this embarrassing, limp failure into something half decent.

    I do hope the FCA will like some of my above ideas – after all “There’s nothing crazy ’bout me”.

     

     

     

    April 8, 2019
  • No more bogus life assurance policies in Spain

    No more bogus life assurance policies in Spain

    The Spanish Insurance Regulator – the DGS (Dirección General de Seguros y Fondos de Pensiones) – has made a most welcome judgment.  This outlaws the mis-selling of bogus life assurance policies as investment “platforms” – aka “life bonds”.  Read the translated summary below.

    The iniquitous practice of scamming victims into these expensive, pointless bonds – so beloved by the “chiringuitos” (scammers) on the Costa Blanca and Costa del Sol for many years – will now result in criminal convictions for the peddlers of these toxic products.

    The DGS’ judgment has provided reinforcement to the earlier Spanish Supreme Court’s ruling that life assurance contracts used to hold “single-premium” investments are invalid.  This heralds a huge step forward in cleaning up the filthy scams which have for so long proliferated in popular British expat communities – making the victims poor and the perpetrators rich.  This evil practice came to a head when scammers Continental Wealth Management collapsed in a pile of debris in September 2017.  The main perps: Darren Kirby, Dean Stogsdill, Anthony Downs, Richard Peasley, Alan Gorringe, Neil Hathaway, Antony Poole all ran for the hills.  Other scammers who played supporting roles – including Stephen Ward, Martyn Ryan and Paul Clarke – slithered away quietly to ply their scams elsewhere.

    The DGS ruling has opened the way for criminal prosecutions against all those at Continental Wealth Management who profited so handsomely from flogging “life bonds” by Old Mutual International (aka OMI and Royal Skandia), Generali and SEB.  While it goes without saying there will be a hearty cheer about the jailing of Darren Kirby and his merry men, they will soon be joined by other individuals who have joined in the bogus life insurance fest just as enthusiastically.  And, of course, the life offices – from OMI, Generali and SEB, to Friends Provident and RL360 – will be treated to a proceeds-of-crime party.

    Guest of honour will, of course, be Peter Kenny of OMI.  But just to make sure nobody feels left out, Hansard and Investors Trust will certainly get their invites.  Maybe Wormwood Scrubs will set up their own wing for life-office scammers.

    It has long seemed curious that such a delightful part of Spain as the Costa Blanca should have fostered such an evil industry.  From the arch scammer himself – Stephen Ward of Premier Pension Solutions, and his many associates including Paul Clarke who was helping him flog Ark before he joined CWM to learn to scam on a much larger scale.  But anywhere along that delightful stretch of coastline running from Valencia to Alicante there are dozens of firms giving the life bond machine plenty of welly.

    So popular is the use of life bonds among the seedier sector of the financial services industry, that multi-national firm Blevins Franks have their own their “exclusive” offering of bogus Lombard bonds.  And you can see why: these scammers earn 8% from flogging these bogus life assurance policies.  That’s 8% for doing nothing – and for trapping their victims into paying back this commission over up to ten years.  Often long after the victims have worked out that the bond serves no purpose except to prevent the funds from ever growing.

    The victims themselves – hundreds of which lost most (or in some cases all) of their life savings to Continental Wealth Management – will indeed see the DGS’ ruling as wonderful news.  They will certainly celebrate the fact that justice has at last prevailed and that the law in Spain has made it clear that selling life assurance policies the traditional scamming way is illegal.

    Continental Wealth Management (CWM – “sister company” to Stephen Ward’s Premier Pension Solutions) was set up initially to provide the cold calling and lead generation services to support Ward’s many scams – including the Evergreen (New Zealand) QROPS scam.  Evergreen was swiftly followed by the Capita Oak and Westminster scams (now under investigation by the Serious Fraud Office).  Unregulated, and staffed by unqualified salesmen who took it in turns to sport grand titles such as “Managing Director” and “Investment Director”, most of these spivs had been car salesmen or estate agents before flogging QROPS and life assurance contracts used to hold the toxic structured notes which destroyed so many millions of pounds’ worth of the victims’ life savings.  Many of these bonds were supplied by Old Mutual International, who despite the huge losses on the funds, continued to take their fees monthly.

    Back in April 2018, OMI and the IOM were defeated by Spanish courts ruling that the jurisdiction in litigation against them for facilitating financial crime should be in Spain. This was a welcomed victory for the victims in the face of so much corruption and fraud in Spain for many years. It is certainly a turning point in the quest for justice by the thousands of victims of scammers such as Continental Wealth Management and life offices such as Old Mutual International, Generali and SEB.

    I will be writing to all advisory firms who are selling life bonds to victims in Spain to advise them that this is now a criminal matter and to warn them that they will be reported to the DGS.

    ————————————————————————————————————————————————————–

    Madrid, 10 January 2019

    General Directorate of Insurance and Pension Funds (DGS)

    Complaints service file number 268/2016

     

    COMPLAINT BY A CONTINENTAL WEALTH CLIENT IN RESPECT OF HEAVY LOSSES INCURRED ON HIS PENSION TRANSFERRED TO A BOURSE QROPS AND PLACED IN A GENERALI INSURANCE BOND.

    The Directorate General of Insurance and Pension Funds is competent under the powers conferred on it by Article 46 of Law 26/2006 of 17 July, on the mediation of private insurance and reinsurance, to examine the claim formulated for the purpose of determining non-compliance with current regulations on the mediation of private insurance and reinsurance, and whether this is decisive for the adoption of any of the relevant administrative control measures, particularly those of administrative sanction, which contravene the aforementioned Law.

    Article 6 of Law 26/2006, of 17 July, on private insurance and reinsurance mediation, which regulates the general obligations of insurance intermediaries, states:

    “Insurance intermediaries shall provide truthful and sufficient information in the promotion, supply and underwriting of insurance contracts, and, in general, in all their advisory activity….”

    Article 26 paragraphs 2 and 3 of Law 26/2006, of 17 July, on private insurance and reinsurance mediation, which refers to insurance brokers, establishes the following:

    “Insurance brokers must inform the person who tries to take out the insurance about the conditions of the contract which, in their opinion, it is appropriate to take out and offer the cover which, according to their professional criteria, is best adapted to the needs of the former.  The broker must ensure the client’s requirements will be met effectively by the insurance policy.”

    Article 42 of the Private Insurance and Reinsurance Mediation Act, which refers to the information to be provided by the insurance intermediary prior to the conclusion of an insurance contract, provides:

    “Before an insurance contract is concluded, the insurance intermediary must, as a minimum, provide the customer with the following information:

    1. a) The broker’s identity and address.
    2. b) The Register in which the broker is registered, as well as the means of verifying such registration.”

    Insurance agents must inform the customer of the names of the insurance companies with which they can carry out the mediation activity in the insurance product offered.

    In order for the client to be able to exercise the right to information about the insurance entities for which they mediate, insurance agents must notify the client of the right to request such information.

    Banking and insurance operators, in addition to the provisions of the previous letter, must inform their clients that the advice given is provided for the purpose of taking out an insurance policy and not any other product that the credit institution may market.

    Insurance brokers must inform the client that they provide advice in accordance with the following obligations:

    “Insurance brokers are obliged to carry out and provide (to the customer) an objective analysis on the basis of a comparison of a sufficient number of insurance contracts offered on the market for the risks to be covered.  Brokers must do this so that they can formulate an objective recommendation.”

    On the basis of information provided by the customer, insurance intermediaries shall specify the requirements and needs of the customer, as well as the reasons justifying any advice they may have given on a particular insurance.  The intermediary must answer all questions raised by the client regarding the function and complexity of the proposed insurance contract.

    All intermediaries operating in Spain must comply with the rules laid down for reasons of general interest and the applicable rules on the protection of the insured, in accordance with the provisions of Article 65 of the Law on the Mediation of Private Insurance and Reinsurance.

    Every insurance intermediary is obliged, before the conclusion of the insurance contract, to provide full disclosure.  In the event that a mediator was an Insurance Broker or independent mediator, he is also obliged to give advice in accordance with the obligation to carry out an objective analysis.  This must be provided on the basis of the analysis of a sufficient number of insurance contracts offered on the market for the risks to be covered.  The mediator can then formulate a recommendation, using professional criteria, in respect of the insurance contract that would be appropriate to the needs of the client.

    In the case in question, there is no evidence that the aforementioned information was provided to the client before the investment product was contracted.  Therefore, Article 42 of the regulations has been breached.

    Therefore, this Claims Service concludes that the mediator must justify the information and prior advice given to his client, so that the obligations imposed by the Law of Mediation can be understood to be fulfilled with the aim of protecting the insured.  Failure to comply with their obligations could be considered as one of the causes of the damage that would have occurred to their client.

    The claim is understood to be founded.  In the opinion of this Claims Service, the mediating entity has committed a breach of the regulations regulating the mediation activity – specifically of the provisions of articles 6 and 42 of Law 26/2006 of Mediation of Private Insurance and Reinsurance.

    The DGS requires the mediating entity to account to this Service, within a period of one month from the notification of this report, for the decision adopted in view of it, for the purposes of exercising the powers of surveillance and control that are the responsibility of the Ministry of Economy and Enterprise.

    The interested parties are informed that there is no appeal to this judgment.  Both the claimant and the mediating entity are made aware of their right to resort to the Courts of Justice to resolve any differences that may arise between them regarding the interpretation and compliance with the regulations in force regarding the mediation of private insurance and reinsurance, in accordance with the provisions of articles 24 and 117 of the Constitution.

    Chief Inspector of Unit

    Ministry of Economy and Enterprise

    Secretary of State for the Economy and Business Support

     

    February 17, 2019
  • Trolley’s Pension Scam Guide

    Trolley’s Pension Scam Guide

    Pension Life Blog - Trolley's Pension Scam GuidePension scammers have a “code”.  Rather like pirates, they are not to be trusted. They pick their words carefully, revealing little; they are sneaky and lack any morals. They are good at disguises and if they fear they may be rumbled, they will disappear over the horizon, never to be seen again. They certainly won’t hang around to help pick up the pieces after their victims have been ruined.  Rest assured, they will take as much as they can get and show no remorse. Living the Life of Riley on your hard-earned money is their reward.

    “Yo ho, yo, ho! A scammer’s life for me”.

     

    Those of you who follow Pension Life, will know that we want to put a stop to pension scammers and are trying our hardest to get as much information as possible out to the public about how to avoid being scammed. We want to educate the masses and stop pension scammers worldwide.

    Those of you who are new readers, may not be aware of how common pension and investment scams are, or how easily you could fall victim to a pension scam. But never fear, we have constructed a series of blogs, videos and cartoons for you to read and watch, so you can swot up on the dos and don’ts when it comes to safeguarding your precious pension fund.

    This video has been constructed to show you the pension scammers’ code of conduct. By familiarising yourself with their techniques, you will be better prepared to spot the scammers and avoid falling victim to their schemes.

    Please look through our archives and read about past scams,  serial scammers and failures of the regulators and police to bring them to justice for their crimes.  Make sure you know all there is to know about the evil and seemingly unstoppable world of pension scammers.

    Above all, read the Trolley’s guide, and see how scammers learn their highly-profitable and destructive trade.  Scammers learn from the best – including the author of this guide.  And then they bring their own individual touch to the art of scamming. 

    October 2, 2018
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