Relevant publications
Related information
Further information on the Undertakings is available on our Consumer pages
This page consists of links to FSA documents relevant to Unfair contract terms, including the undertakings we have published to date.
We have published details of the undertakings from firms to amend their unfair terms and conditions. As stated in UNFCOG, as part of their risk management, firms that have not themselves given an undertaking or been subject to a court decision should remain alert to undertakings or court decisions concerning other firms, since these will be of potential value in indicating the likely attitude of the courts, the FSA, the Office of Fair Trading or other qualifying bodies to similar terms or terms with similar effects.
| Undertakings | |
|---|---|
| Trading sector - Banking | Undertaking from: |
| Restricting legal rights (November 2003) | Skipton Building Society [PDF] |
| Trading Sector - Insurance | |
| Travel Insurance (September 2008) | UK Insurance Limited [PDF] |
| Mobile phone (July 2008) | Homecare Insurance Limited [PDF] |
| Travel (May 2008) | UK Underwriting Limited [PDF] |
| Motor (May 2008) | Devitt Insurance Services Limited and Screentrade undertaking [PDF] |
| Medical (November 2006) | HSA / Simplyhealth Access [PDF] |
| Legal Expenses (July 2006) | DAS Legal Expenses Insurance Company [PDF] |
| Deposit (July 2006) | Consumer Protection Association Ltd [PDF] |
| Payment Protection (June 2006) | Norwich Union Insurance [PDF] |
| Payment Protection (June 2006) | Amtrust International Underwriters Ltd [PDF] |
| Cash back (March 2004) | AXA Insurance [PDF] |
| Critical illness and life plans (March 2004) | PPP lifetime care plc, part of the AXA group of insurers [PDF] |
| Critical illness and life plans (December 2004) | Prudential International Assurance plc [PDF] |
| Trading Sector - Investment | |
| Pensions (November 2008) | Abbey Life Assurance Company Limited [PDF] |
| Asset Management (December 2006) | Absolute Assigned Policies [PDF] |
|
Pensions (November 2006) |
Skandia Life Assurance Company Ltd [PDF] |
| With-Profits (November 2006) | Britannic Assurance plc [PDF] |
| With-Profits (March 2006) | Tunbridge Wells Equitable Friendly Society Ltd [PDF] |
| Pensions (March 2006) | Sippdeal Ltd [PDF] |
| Spread betting (January 2005) | London Capital Group Limited [PDF] |
| Trading Sector - Mortgages | |
| Home Reversion (August 2008) | In Retirement Services (Reversions) Ltd [PDF] |
| Variation terms (August 2007) | Barclays Bank PLC, trading under the name of Woolwich (Barclays Bank PLC) [PDF] |
| Mortgages & general terms (October 2006) | London Scottish Bank plc [PDF] |
| ERC (October 2006) | Blemain Finance Limited [PDF] |
| Exit administration charges (October 2006) | Intelligent Finance [PDF] |
| Lifetime (September 2006) | Scottish Widows [PDF] |
| Trading sector - Retail Intermediaries | |
| Independent financial advice (August 2007) | Hayburn Rock Associates Ltd [PDF] |
| Statements | |
| Trading sector | Statement from: |
| Banking - Savings Account | The Building Societies Association |
| Insurance | St. Andrew's Insurance |
| Consultation papers | |
| CP148: The FSA's approach to the use of its powers under The Unfair Terms in Consumer Contracts Regulations 1999 | |
| Policy statements | |
| PS148: The FSA's approach to the use of its powers under The Unfair Terms in Consumer Contracts Regulations 1999 - Feedback on CP148 and made text | |
| Other publications | |
| A statement regarding terms which use the phrase 'consequential loss' in general insurance contracts [PDF] - July 2008 We have published a statement regarding terms which use the phrase 'consequential loss' in general insurance contracts. In our view, a term which excludes 'consequential loss' is not written in plain, intelligible language, as it refers to an expression that has a legal meaning. |
|
| Fairness of terms in consumer contracts: a visible factor in firms treating their customers fairly [PDF] - June 2008 A report following work to measure firms' awareness of and compliance with the Regulations and which reminds firms that fair contract terms is a key and visible part of their obligations to treat their customers fairly. The report informs firms of our findings and shares examples of good and poor practice. |
|
| Treating Customers Fairly and Fairness in Contract Terms - July 2007 |
|
| Towards fairer outcomes for consumers through principles-based regulation - May 2007 Katherine Webster (Manager of the Unfair Contract Terms Team) gave a speech to the Building Societies' Legal Forum about Principles-based regulation and, in particular, how both the Treating Customers Fairly initiative and the Unfair Contract Terms Team have used Principles-based solutions in delivering outcomes with firms and stakeholders. |
|
| Fairness of terms in consumer contracts: Statement of good practice on mortgage exit administration fees (MEAFs) [PDF] - January 2007 | |
| Statement of Good Practice [PDF] - May 2005 General chapters on the FSA's interpretation of the Regulations, and, more specifically chapters on variation terms (interest rate, and premium review terms). |
|
| Mortgage Early Repayment Charges - Thematic project findings | |
More information on unfair contract terms