Irish Independent

EBS denies putting tied agents under pressure to push riskier investment­s

- Shane Phelan LEGAL AFFAIRS EDITOR

PRESSURE is alleged to have been put on tied agents of a building society to mis-sell unsuitable investment products to customers.

The allegation­s emerged in a High Court action where a firm called Betty Martin Financial Services (BMFS) is seeking to halt the terminatio­n of its tied agency agreement with EBS.

BMFS operates EBS branches in Lucan, Athlone and Longford, but its contract is set to be terminated next month. One of its directors, Declan Martin, claims the agreement was terminated after he refused to encourage customers to select unsuitable financial investment­s.

In proceeding­s before Mr Justice John Jordan, BMFS alleges an EBS regional manager, Tim Gleeson, asked it to undertake commercial activities that were “unprofessi­onal, unethical and against Central Bank rules and guidelines”.

The allegation­s have been denied by EBS and Mr Gleeson. EBS has not disclosed the reasons for the terminatio­n of the agreement.

The court heard affidavits filed by other one-time EBS tied agents allege they too faced similar pressures and also had their agreements terminated.

Declan McGrath SC, for BMFS, said John McMahon, a former Garda detective chief superinten­dent, had examined the affidavits and concluded criminal offences may have been committed.

However, the court also heard that a 2017 audit by the special investigat­ions unit of EBS’s parent company AIB found Mr Martin’s allegation­s were not substantia­ted.

In an affidavit, Mr Martin said he and his co-director sister Sheila Martin began “to have issues” with Mr Gleeson from 2010 on. He explained that customers seeking to open an account were required to complete a questionna­ire to ensure they were directed towards appropriat­e products. Central Bank guidance ensures those who get a low score should only invest in low-risk accounts. Those with a higher score are allowed invest in riskier products.

According to Mr Martin, he was pressurise­d by Mr Gleeson to encourage customers to answer the questionna­ire so as to score a higher risk rating and get them to invest in high-risk investment­s that EBS would have increased earnings from.

He said he recorded Mr Gleeson directing staff to mis-sell unsuitable products. A terminatio­n notice was served in May 2017, but was put on hold pending an audit, which did not uphold Mr Martin’s complaints about Mr Gleeson. Notice of terminatio­n was again issued in February last year and will expire next month.

The court heard Mr Gleeson took issue with everything Mr Martin and other tied agents have alleged. In an affidavit, he said Mr Martin had made unsubstant­iated complaints which had been demonstrat­ed to be untrue.

He also said he was unaware he was being recorded and believed what he had said was taken out of context.

The case continues.

He believed what he had said was taken out of context

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