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Old 18th April 2007, 14:22   #1 (permalink)
Abandon
Basic Account Customer
Default Endowment Mis-Selling. Burden of Proof?

Hello,

I was sold an endowment in 1995 when I bought my first house. This was through an Independent Financial Advisor linked to the solicitor I was using for the house purchase.

I recently wrote to the solicitor stating that the endowment was mis-sold and asking for compensation. They have responded that they will investigate but that all their papers relating to the sale of the endowment have been destroyed. They have requested that if I still have them, I forward copies of the sales documents I received at the time.

I have all the relevant documents on file and I have forwarded one document which I believe is favourable for my case. However, should I release copies of the other documents?

Do I have to prove the endowment was mis-sold or does the seller have to prove it wasn't mis-sold? If the latter then there is no advantage for me in sending copies of the documents and indeed, since I don't know the exact process for determining if the endowment was mis-sold, there may be disadvantages.

Thanks in advance for any help.
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Old 18th April 2007, 15:09   #2 (permalink)
pt2537
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Default Re: Endowment Mis-Selling. Burden of Proof?

Hi
My parents are in a similar situation where they were mis sold a mortgage by a financial advisor who in my opinion was only selling them the endowment to make the most commision. still, have you spoken to the FSA ombudsman as they deal with complaints of mis selling endowments and will deal with it for you. my suggestion is initially contact the fsa and see what they have to say


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paul
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Currently due to work commitments i am unavailable and will not be able to reply to any requests for assistance.

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PLEASE DO NOT PRIVATE MESSAGE ME AND THEN WAIT FOR A REPLY, ESPECIALLY IF YOU NEED URGENT HELP AS YOU MAY NOT GET A REPLY IN TIME
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Old 18th April 2007, 17:58   #3 (permalink)
Abandon
Basic Account Customer
Default Re: Endowment Mis-Selling. Burden of Proof?

Thanks for your suggestion. I have emailed the query to the Financial Ombudsman.
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