Hibernian Direct sanctioned by Financial Regulator

Brendan Burgess

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Settlement Agreement between the Financial Regulator and Hibernian Direct
Limited

The Financial Regulator has entered into a Settlement Agreement with effect from 17 November 2008 with Hibernian Direct Limited (“Hibernian”).

The Financial Regulator had reasonable cause to suspect that Hibernian
committed a number of breaches of regulatory requirements imposed under the Consumer Protection Code (“the Code”), namely breaches of Common Rule 5 for all Regulated Entities (Chapter 2), and General Principles 4 and 6, (Chapter 1) of the Code.

The suspected breaches occurred in the period 1 to 24 May 2007 and, inter alia, relate to the non-disclosure of information required under the Code when selling optional extra benefits on motor insurance policies to customers and to the customer consents required under the Code when selling such optional extras.

Hibernian has confirmed that the suspected breaches occurred as a result of a misinterpretation by it of its obligations under the Code.

The Financial Regulator confirms that no customer has complained directly to the Financial Regulator in relation to the suspected breaches.

The Financial Regulator reprimanded Hibernian and required the firm to pay a monetary penalty of €45,000.

Hibernian has confirmed to the Financial Regulator that it is now in compliance with the requirements of the Code.

Hibernian has confirmed that potentially affected customers were contacted and refunds totalling €16,608 were paid. As a result, Hibernian has confirmed that no customer who purchased a policy between the date of the Code’s first inception on 1 August 2006 and 24 May 2007 suffered a loss as a consequence of the suspected breaches.

The Financial Regulator confirms that Hibernian co-operated fully and that the matter is now closed
 
Consumer Protection Code : Suspected breaches

Chapter 1 General Principle 4
A regulated entity must ensure that in all its dealings with customers and within the context of its authorisation has and employs effectively the resources and procedures, systems and control checks that are necessary for compliance with this Code.

Chapter 1 General Principle 6
A regulated entity must ensure that in all its dealings with customers and within the context of its authorisation it makes full disclosure of all relevant material information, including all charges, in a way that seeks to inform the customer.

Chapter 2 Common Rule 5
A regulated entity must not charge a consumer a fee for any optional extra(s) offered in conjunction with a product or service, unless that consumer has positively indicated that they wish to purchase the optional extra(s).
 
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