Category Archives: Voters

Guest blog from Nicholas Turner – Brexit, The Right Way To Leave

I have mostly stayed out of the Brexit debate because, as someone who has lived in Italy, France and Hungary and as someone who absolutely loves all the different European cultures, I have never been in any doubt we should Brexit – so there is no debate for me. I have lots of reasons why I feel this and mostly because I feel we aren’t just losing our ability to run our own Country, we and the rest of Europe risk losing our cultural identity – which is, I think, a terrifying prospect.

However, this blog isn’t about my views. Neither is this guest post a blog – it’s a seriously considered essay written by my step son, Nicholas Turner (yes, Nick & Nikki Turner does cause confusion in the Turner household).  Not for the feint hearted because it’s not a short document and it’s certainly nothing like my blogs which tend to be about immediate reaction – “this is what has happened today.” Nick has considered long and hard all aspects of the ‘In or Out’ debate and this essay documents his conclusion.

I hope those people who really do have concerns about staying in Europe, will read this. Equally I hope those people who are sure we should stay will read it and consider the content. Any comments gratefully received and I will pass them on to Nick.

Please click on the link below to read the document

Brexit The Right Way To Leave

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Now Is Not The Time To Stop Lobbying For Ethical Change.

I wrote this blog at the beginning of February this year but didn’t post it – I can’t remember why and I probably just got distracted by something to do with a bank! Anyway, today the article about George selling off Land Registry reminded me about this blog and why charitable or not for profit organisations like SME Alliance need to be lobbying more rather than less – and now we also need to lobby for the right to lobby!! If we don’t, I fear very soon freedom of speech itself will be threatened.

Happy Easter to all.

Nikki

Now Is Not The Time To Stop Anyone Lobbying For Ethical Change.

It seems the Government are closing yet another door to democracy. I find the announcement last week that charities cannot use State money (tax payers money) to lobby for any changes in the law, quite sinister and quite sneaky. Not least for charities who campaign for justice – of which there are many. I suspect funding from Government is quite minimal to such charities anyway but, whatever the amounts, it is likely to be diminished to any charity that dares to speak out against Government policy.

What I find so offensive about this new ruling is the fact that while Sir Stuart Etherington, chief executive of the National Council for Voluntary Organisations, is right and this could result in charities, taking “a vow of silence”, it will also very definitely mean even less opposition or challenge to the mighty ‘lobbying machine’ of big business. It is already an inequitable situation because most charities are struggling for any kind of funding post the credit crunch and unlike big business, charities are not based on profits but on positive action for good causes. When charities lobby for a change in policy or law it is generally in reaction to what they have seen as the consequences of either ‘bad law’ or evolving necessities. When big business lobby’s, the goal is invariably market share, shareholder value, reduced regulation or, let’s face it, how to keep fat cats fat. And in far too many cases, ‘The Ministry of Revolving Doors’ means MPs or regulators have a keen interest in keeping big business happy.

I’m no expert in lobbying but, even a quick surf of the net shows just how important lobbying is. For example this simple explanation in the Guardian (March 2014) clarifies what lobbyists do:

http://www.theguardian.com/politics/2014/mar/12/lobbying-10-ways-corprations-influence-government

To a certain extent we are all aware of what lobbyists do and we’ve got used to the idea some companies believe (probably correctly) the best way to get results is to rely on the familiar maxims “you get what you pay for” and “it’s not what you know, it’s who you know.” If there is no other side to the coin i.e people lobbying for something just because it is fair, equitable and with no financial gain, then what we’re really doing is paving the way for important laws and policies to be swayed or decided on a ‘highest bidder wins’ basis.

What the Government is proposing is a curb on legitimate challenge by charitable organisations by restricting their ability to fund lobbying activities. This is rather like our inequitable two tier justice system whereby very few individuals or SMEs can ever challenge big business (especially banks) in the Courts because they have been priced out of the system.

I found an interesting article in the Bureau of Investigative Journalism about our Top 10 most powerful lobbyists – although the article does date back to 2012 and this list of names has probably changed by now:

https://www.thebureauinvestigates.com/2012/07/13/britains-10-most-powerful-finance-lobbyists/

Of particular interest to me was No.2 on the list, Anthony Browne, Chief Executive of the British Banking Association. This organisation is funded by its members – the banks – to the tune of £7,729,000 in subscriptions (2014) and no one can say Mr Browne hasn’t done a good job (from the bankers point of view). Recently we’ve seen; the review into banking culture cancelled; various reports delayed for so long it means they are now about as useful as wet loo roll; a complete u-turn on holding senior bankers responsible for what happens in their banks and; any number of deals brokered for banks to pay their way our of repeated misconduct against consumers, breaches of financial regulation or even criminal prosecutions. Even if Mr Browne has slipped down to 4 or 5 on the list, surely it is hugely important to maintain a serious opposition to the powerful banking lobby?

If I had to say which banks have been most damaging to the members of SME Alliance, I’d say RBS is top of the list, followed by Lloyds/HBOS. Both banks were bailed out for billions of pounds by the tax payer and they have both paid a fortune in fines or compensation for various examples of misconduct. Both have representation on the BBA Board:

https://www.bba.org.uk/about-us/bba-board/

And both are represented by one of the most powerful lobbyists in the Country (and Mr Browne is just one of many powerful lobbyists for the financial sector). So – tax payers bailed out these banks and they are able to use tax payers money to lobby at the highest levels of Government in the same way they have used tax payers money to pay their fines, fight their battles in the Courts and continue with their telephone number pay packets to their senior executives. But the charities who are busy mopping up the catastrophic austerity the banks were so instrumental in causing, cannot use tax payers money to lobby for change or reform in banking or anything else.

Why? Because, according to Cabinet Office Minister, Matthew Hancock “Taxpayers’ money must be spent on improving people’s lives and spreading opportunities, not wasted on the farce of Government lobbying Government.”:

http://www.dailymail.co.uk/wires/pa/article-3434720/Charities-set-ban-using-Government-grants-lobbying.html

Yes, you have read that correctly – charities can’t spend tax payers money lobbying MPs for anything because the Government wants all charitable donations made on our behalf to be spent on making our lives better. And if you believe that, you’ll believe anything. I think Mr Hancock is relying on the logic of La La Land and his statement is wrong. As long as this Government continues to be happy for the Country to be run for the commercial gain of a minority, it is crucial tax payers money is spent on exposing such an undemocratic system and that charities have every opportunity to be as vociferous as possible about any and everything they identify as detrimental to society because of bad law, bad law enforcement or inequitable access to justice.

Reading the list of the top 10 most powerful lobbyists in Britain, I would say the financial sector is becoming a bit of a ‘lobbying cartel’ which doesn’t just have the ear of the Conservative party, it controls the whole head, arms, legs and torso. When the Conservatives were voted back into power, it seems the real victory was for ‘The City of London’ and now the ‘masters of the universe’ have found another way to make its ‘puppet’ limit any further opposition to its avaricious and anti social plans. What next I wonder? We’ve already seen the results powerful lobbying has on Government (all three of the main parties) – the most obvious being soft touch regulation of a corrupt financial sector that brought the whole country to its knees and has seen thousands of people relying on food banks. Now we’re going to see ‘the consequences of inequitable lobbying power.’ Maybe we should all order in a good stock of banana’s before the next insidious brain wave.

Ironically and without doubt this latest and dangerous lunacy has come about because of powerful lobbying. And the spin factor, that ‘it’s all for our own good’, is very offensive and implies this Government thinks we, the public, are all very stupid. Now is not a good time to stop Charities lobbying – it’s time we all started lobbying our MPs to take power back from big business before we really do become a Banana Republic.

So 5000 SMEs supported the Tories but who will support 5M SMEs?

For some reason – and I can’t for the life of me understand what the reason is – in the recent election debates, none of the political parties have raised the issues of banks (you know the ones that caused mass austerity) bank misconduct (PPI, IRHP, EFG’s, Libor rigging, GRG, HBOS Reading, money laundering for drug cartels etc. etc) or the related issues of law and order and a two tier justice system. You know, the one whereby the majority of crimes committed by anyone in our financial sector results in no one going to jail and shareholders paying hefty fines for the “get out of jail free cards”.

Apparently none of this conduct and none of these issues are relevant to the election and we don’t need to know what the parties intend to do about them – if anything?

It’s been suggested (and probably rightly) that politicians feel such a minority of the population has been directly affected by such issues, it’s not worth making a big deal about them – not really a vote winner.

I just want explain why I think that is a total misconception. It affects millions.

On Monday the Telegraph ran an article about the 5000 SME owners who have signed Baroness Brady’s letter and pledged their support to the Conservative party. Personally I don’t think that was a very wise PR tactic because the obvious question is, who do the other 4,995,000 support? However the point I want to make is – according to the article 5000 SMEs represents 100,000 jobs.

According to the FCA, more than 60,000 SMEs were mis sold IRHP (Interest rate swaps): http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/10527353/FCA-chief-warns-Treasury-swaps-scandal-could-be-significantly-bigger.html

So by the logic of Baroness Brady’s letter, that would represent 1,200,000 jobs.

Recently, Clive May, a builder and founder member of SME Alliance, successfully got an admission from RBS that they had miss-sold EFG loans and were now investigating 1800 of them: http://www.thisismoney.co.uk/money/markets/article-2915335/Relief-fierce-critic-RBS-admission-mis-selling-loans.html

That’s another another 36,000 jobs and of course it’s the tip of the iceberg because a lot of banks were ‘mis-selling’ EFGs and, before that, SFLGs. According to Government statistics 1,740,736 EFG loans were drawn down between November 2008 and November 2013. Obviously, or should I say hopefully, not all of them were miss sold. But even working on the calculation only 10% were (and I think I’m being generous there) that’s still 174,073. Assuming (again hopefully) only 10% of that number resulted in SMEs being fatally damaged, that’s still 17,407 SMEs which, according to yesterdays statistics, equals approx. 348,000 jobs.

You see where this is going? Add to those figures the victims of asset stripping etc etc and you won’t get much change from the fact at least 100,000 SMEs who employed approximately 2,000,000 people, have been affected by bank misconduct. And that’s a conservative estimate. If you then add all the SMEs who were creditors of the failed businesses and who then had their own difficulties, the picture is very bleak. When I was investigating the HBOS Reading debacle, I started keeping a chart of the creditors affected and I gave up when I reached 20,000 – most of whom were SMEs.

All of the above wouldn’t be so devastating but for the other key issue being ignored in the election debate – justice and law and order. If SMEs could rely on the regulators, we may not feel so anxious to know what the political parties are planning to do about access to justice. But we can’t. I’m not going into detail here – but I can assure you that in the majority of cases, we can’t.

Neither can most of us afford civil litigation – and especially now when court fees have gone up to £10,000 while legal aid is all but non existent for SMEs. And, leaving aside court fees, in my view many SMEs are being seen as little more than cash cows by some legal firms who clearly think their remuneration should be on a par with bankers – regardless of whether or not they get results for their clients. And some, having milked the cow, drop the client the moment the udders run dry.

Where banks have committed criminal offences (and there have been many) we wouldn’t be so worried if we could report these crimes to the police and know justice would prevail. Again, in most cases that’s not an option and, on the odd occasion it does happen, you need to be prepared to wait years for any outcome. Generally speaking criminal prosecutions against bankers remain as rare as rocking horse sh*t and we’ve seen over and over again how banks deal with their crimes – they get shareholders to pay whacking great big fines and that’s the end of it.

Unbelievably our justice system and Governments (Labour and then the Coalition) seems to turn a blind eye to the fact so many crimes are going unpunished. Unbelievably, we, the public, have come to accept that status quo. There is now indisputable evidence bankers are not subject to the same laws as ordinary people. Additionally, SMEs know even when they can prove (and even in a Court) that a bank destroyed businesses, it doesn’t necessarily mean anything will be done about it: https://derekcarlylevrbs.wordpress.com/. Seems some banks are as cavalier in their view of a Judges power, as they are in politicians power.

I know I’ve waited 8 years for justice and it’s still not on the horizon. I know many members of SME Alliance are in the same boat. And those bankers who are deliberately perverting the course of justice by denying or burying criminality they are fully cognisant of, are still being given telephone number bonuses to continue this charade. Yes, Dave, Ed, Nick, we know all of that.

What we don’t know is: WHICH POLITICAL PARTY WILL ADDRESS THESE MATTERS AND SUPPORT SMES? #Justasking

But it’s never too late for someone to tell us. Who knows, maybe at the 11th hour one of the political parties will pull the cat out of the bag and show some support for the thousands of SMEs that have been ravaged by banks and who are really struggling to get justice.

And that could be a big vote winner.

BTW Before some annoying troll posts on twitter that neither I nor SME Alliance speak for or represent the views of all SMEs – I totally agree. That’s hardly the issue – this blog is about which politicians will speak out for SMEs – and will they do it before the election?

The Big Pink Elephants in the 2015 Election debate – ‘Law and Order’ – Justice.

smeallianceposterYesterday we had a call from a farmer in Scotland. Like many of the farmers we know, he took out what was supposed to be a bridging loan with UK Acorn Finance and now, with the claimed debt doubling in 4 years, he’s about to be evicted. In this particular instance he is being asked to pay back almost twice what he borrowed and, having made a substantial offer to ameliorate the situation, he and his wife are still being evicted. Sadly in this instance, I’m not sure what my husband Paul can do to help. Over the years and on top of our own 22 repossession hearings, Paul has become a bit of an expert at staving off evictions. But the call we had yesterday was to help stop an eviction due to take place on Tuesday. And to make matters worse, it’s a Bank Holiday in Scotland tomorrow, so there’s no time to do anything.

That was the third call for help we’ve had in five days. And that’s over and above the cases Paul is working on anyway to keep people in their homes or farms and to help them get compensation from various bank related scenarios that have devastated their lives.

Add that to the number of cases the SME Alliance adviser panel, Jon Welsby, Andy Keats, Ray Baker, Mel Loades and Steve Middleton are working on – or the cases Bully Banks are working on as well as the many other support groups and you start to get the picture. Whether because of IRHP, EFG, so called business support units like GRG or HBOS Reading, or out and out asset and land theft by dodgy sub-prime lenders working with the big banks, which is happening all over the Country, the fact is economic crime has reached epidemic proportions.

And the reason for this? A complete break down in law and order.

If it wasn’t so tragic, you’d have to laugh. For example, consider the news last week that an intruder alert from premises in Hatton Garden – diamond and gold centre of London – went off but the police decided to take absolutely no notice of it! I know the police have a severe aversion to economic crime but burglary? Really? They don’t go after burglars now?

According to the blog in the following link, the police HAVE to investigate all crimes and can’t pick and choose but it also confirms they often do their best not to investigate crimes.
http://crimebodge.com/how-to-force-the-police-to-investigate-a-crime/

In my experience that’s very true and a fraud investigator from my local police force once told me the police couldn’t investigate my allegations of fraud against a major bank because the bank in question assured them there was no fraud. A different police force did investigate this fraud albeit three years later and they have since called it “the biggest bank fraud in British history.” Mind you, whether the people charged ever actually stand trial is a debatable point – not that the law should be debatable. But that’s another story.

The point of this blog is – over and above the bizarre case of police ignoring a robbery in the diamond district of Britain, white collar crime continues to cause mass austerity and destroy thousands of SMEs in this Country, but not one person in the recent #leadersdebate, mentioned ‘Law & Order’, ‘Justice’, ‘White Collar Crime’, ‘Bankers’, ‘Bank Reform’, ‘Access To Justice’ or ‘SMEs’. Except for the Welsh candidate, who did give small businesses in Wales a brief mention.

So, how could anyone have a serious debate and ignore the big pink elephants in the Country? How can SMEs on the one hand be called the back bone of the Country and on the other hand, just before an election, the Government puts Court costs up so the inequitable situation we already have, has now got even worse? At a time when so many SMEs in the UK are so desperate for a more level playing field to protect themselves against errant banks with deep pockets and huge legal teams, Chris Grayling and his team have decided to dig a bloody great big hole in the field! And in doing so he has confirmed, yet again, in so many cases involving banks or the financial sector, justice is only available to the highest bidder. And will any of the other parties redress this situation? Well who knows. Nothing in the debate gave us any clues?

Yesterday I filled in a survey I had been sent by a university on the subject of the 2015 Election and the leaders’ debate. It asked me, amongst other things, if the debate had helped me make a more informed choice about who to vote for? NO. It absolutely didn’t help me make an informed choice because many of the key issues ruining this Country, were simply ignored. Yes the future of the NHS is hugely important. Yes immigration is very important – although I’m not sure who will do the many low paid but very essential jobs in the NHS if we adopt Nigel Farage’s policies on immigration. But surely Justice and Law and Order, which includes stopping bankers raping the Country, should have been on the agenda?

The fact it wasn’t really does make you wonder who is running the Country? Who decided what questions would be asked in the leaders’ debate? More importantly, who decided what questions would be excluded? Did someone run the list of questions past Ross McEwan, and Antonio Horta Osorio?

And, in a democratic country, how can things like this happen:

“A bankrupt Lanarkshire businessman fears that a seven-year-long legal battle with banking giant RBS will continue despite a landmark court ruling in his favour.

Property developer Derek Carlyle’s dispute with RBS began in 2008 when the bank pulled out of a loan leaving his business – Carlyco Ltd – “in ruins”.
However, last month the legal process took a turn to Mr Carlyle’s advantage when the UK Supreme Court ruled that a judge’s 2010 decision – that the bank had broken their promise to him over the loan – had been the right one.
Mr Carlyle said this week: “The fair thing for the bank to do now would be to fully accept the decision of the UK Supreme Court, admit they were wrong and settle the matter of damages.
“However, that does not appear to be the RBS way in my experience, and I therefore expect to have to take them back to court to force them to pay up.”
http://www.dailyrecord.co.uk/news/local-news/rbs-bankrupt-lanarkshire-businessman-fears-5470583

Even when the Supreme Court rules a Bank, RBS, is in the wrong, it makes no difference. It’s as if the RBS executives think they’re in an episode of Kevin and Perry. “Yeh, so the Judge said we’re wrong. And? He is so unfair.”

What amazes me as much as anything, is the fact more MPs are not up in arms at the way some banks and bankers literally stick two fingers up to them and therefore to the democratic process. Occasionally some do show frustration and only recently Margaret Hodge on the Audit Committee was very obviously outraged with the answers she was getting from the “yes but my offshore account is all perfectly above board” and the “I can only look at the information I’m given at my £10k a day job” HSBC bosses. Similarly I’ve seen Andrew Tyrie at the TSC look extremely ‘miffed’ when talking to bankers. But what good does it do? Mr Tyrie may make the bankers squirm a bit but their seven figure salaries more than make up for a bit of ritual humiliation. And it’s not as if anyone has the power to stop what they’re doing. Or stop paying them handsomely to do more of the same. It seems whatever these top bankers do, good, bad, unethical or blatantly criminal, they face no penalty. How does that work? And what about party leaders? Have they considered the possibility that public perception is getting to the point where we are wondering if bankers have more power than elected representatives? And that’s across the board because Labour under both Blair and Brown were pretty keen on giving Knighthoods to the very bankers who brought the economy to its knees – and the coalition has shown itself to be equally fond of bankers.

So, going back to the forthcoming election, I’d be really grateful if any of the political parties would make it clear: where they stand on law and order; which party will focus on a more just society for all; which one of them will really cause serious reform in our major banks; which one of them will give the police and the SFO the resources they need to do their job properly; which of them will recognise the minimal access to justice SMEs have when trying to defend themselves against totally out of control rogue banks and; which party will realise how important SMEs are to the economy and give them the support they need? In short – who will lay these big pink elephants to rest?

As my good friend Nick Gould says – just asking.

Sadly I don’t think the answers, should anyone provide them, will do much good to the farmer and his family in Scotland who, it seems almost certain, will be evicted on Tuesday. Unless of course UK Acorn Finance decide they will, for once, do the right thing and accept the incredibly generous offer that’s been made to them? I hope so.

If – and I know it’s a big if – there is anyone reading this who could also help this family, please e-mail smealliance2014@gmail.com so I can pass on the details.

Christmas 2014 round up of financial crimes with no one going to jail.

My husband made a very valid point a few days ago and I have been thinking about it every day since. He pointed out that when we (Paul and I) started looking at misconduct in the financial industry and specifically HBOS, we couldn’t get anyone to take our allegations seriously because no one believed us. That was in 2007 and it took until late 2009 to actually get the FSA involved and 2010 before the police got involved – even although we made allegations to the police in November 2007. We’re not a lot further forward now in December 2014 because the criminal trials for that alleged crime won’t start until September 2015 – and even then, I’m not holding my breath.

It was disappointing no one believed us in 2007 but not surprising because the idea banks, or rather bankers, might be crooks, was out of the question back then. Bankers were seen as respectable professionals and your bank manager was so trustworthy, he or she could even sign your passport. The same doesn’t apply now and no one bats an eyelid at the concept of crooked bankers – in fact bad conduct is what we expect from them, to the point even the good guys (yes I do acknowledge there are still many good bankers our there) are tarred with the same brush.

Paul’s point was simple: It was tough back in 2007 because no one believed us, so nothing was done. Now, everyone knows the financial sector is rife with fraud and corruption and still nothing has been done! Not just in the case we reported – right across the board and in thousands of cases. Even more alarming is the fact that, in many instances I know of, where people have tried to report financial crime, the police will not investigate it! In all probability this is because they don’t have the budgets to investigate such a glut of criminality in austerity Britain – but that is of no help to the victims who are frequently told – “it’s a civil matter.” No it’s not – crime is never a ‘civil matter’ and even victims of PPI have a right to report it as a crime, get a crime number and, if applicable, also have it investigated. Of course that might damage crime statistics.

But no. Most financial crime is just swept under the carpet as “mis-selling” or “restructuring” and resolved by bank shareholders’ paying huge fines to the FCA. Think about that for a moment – we all believe bankers have committed criminal acts but nothing has happened. It just beggars belief and is really as scary as hell because, what it actually means is, we can no longer rely on the Law and really do have a two tier criminal justice system. There isn’t another, plausible explanation.

This terrifying thought was brought home again when I read the latest excellent Matt Taibbi article in Rolling Stone magazine: http://www.rollingstone.com/politics/news/the-police-in-america-are-becoming-illegitimate-20141205 where he is talking about the disparities in the US legal system and it reminded me that I still haven’t had a reply to my letter to Mr Cameron of December 2012 when I asked for some clarification about the apparent immunity bankers have from prosecution. In that letter, which I wrote after reading some worrying comments from Andrew Bailey (now head of the PRA), I said:

Mr Cameron, unless I am completely mistaken, Mr Bailey seems to be telling us that banks, and therefore bankers, are now officially considered to be above the law in this country and that, in the interests of confidence in the banking industry (which is already at rock bottom among the British public, and therefore can hardly sink any lower), they cannot be prosecuted.

I am writing to ask you, as Prime Minister, for some clarification.

Does your government endorse the notion that banks and bankers should be given a licence to commit criminal acts without any fear of prosecution? Is this now official government policy? Are the British public now being asked to accept that, despite incontrovertible evidence of multiple criminal acts by banks, including money-laundering, drug-money-laundering, Libor rigging, multiple frauds and assorted Ponzi schemes, bankers are considered to be immune from prosecution? And if so, can I ask on what grounds your government, or indeed the government of any democratic country, can justify such a policy?” Full letter here: http://www.ianfraser.org/dear-mr-cameron-if-bankers-are-above-the-law-we-need-an-urgent-explanation/

I didn’t write the letter to be confrontational – although I must admit I am incredibly disappointed the PM’s strong words in the run up to the last election about what should happen to criminal bankers, turned out to be hot air and no more. This is what he said to Jeff Randall in January 2009:

“I think that we need to look at the behaviour of banks and bankers and, where people have behaved inappropriately, that needs to be identified and if anyone has behaved criminally, in my view, there is a role for the criminal law and I don’t understand why is this country the regulatory authorities seem to be doing so little to investigate it, whereas in America they’re doing quite a lot.”

I wrote the letter because I genuinely wanted some reassurance from the Prime Minister that bankers are not above the law; we don’t have a two tier legal system and; something would be done to redress this inequitable situation.

So what has happened to clarify or allay my concerns since December 2012? Well a few things have happened but not what I was expecting. For example:

  1. I’ve never had a reply.

  2. Several banks have been found guilty of money laundering and even money laundering for drug cartels. And the only penalty has been a huge tax on the bank’s shareholders who have paid massive fines for the conduct of bankers. But no one has gone to jail.

*given that banks (buildings or legal entities) don’t have any physical ability to pick up the phone and negotiate with drug cartels – such deals had to be done by bankers. So why have no bankers been held responsible?

  1. Many banks have been found guilty of making billions of pounds with the PPI scam. They’ve had to pay the money back in many cases but, I assure you, not all cases. So again, the shareholders have lost a fortune. But no one has gone to jail.

* I often wonder who invented PPI? Did senior bankers sit down and plan how best to get thousands of their customers to take out insurance policies which cost them a fortune but could never be used? Or did someone in a bank find a recipe for creating and implementing PPI in a fortune cookie?

  1. As a founder member of SME Alliance, I talk every day to people whose businesses have been totally destroyed with various, ridiculously (and I would suggest deliberately) complicated financial products under the collective name of swaps. I’m not a victim of a swap and I know little about them (I’m learning fast) but even their titles smack of more contempt for businesses e.g. vanilla swaps. Can you have chocolate or strawberry? Probably. The FCA have said many of these products should never have been sold to ‘unsophisticated’ clients and in some cases banks have had to give the money back. However, the years it has taken for this to happen and the devastation these products have caused, apparently do not necessitate banks having to pay out billions in compensation. The redress scheme the FCA has come up with has conveniently been limited to peanuts – and no one has gone to jail.

* A journalist was telling me the other day of a case where someone challenged the FCA decision multiple times and was eventually awarded £500k – but of course the bank interest and charges on his account over the time it took to challenge the bank’s conduct meant the victim got nothing and the bank paid themselves £500k. You couldn’t make it up.

  1. The now infamous business recovery units like RBS/GRG have been merrily acquiring, appropriating, stealing their clients’ assets left right and centre and sadly RBS have not been working in isolation. It has caused outrage – it’s been all over the news, MPs have held debates on the subject, Committees have interviewed senior bankers and regulators and even the ever cautious BBC have suggested some bankers are crooks. http://www.bbc.co.uk/programmes/b04t6jy1 But no one has gone to jail.

* As a victim of HBOS Reading (similar model) I have so much to say on this – but am having to keep quiet for now but not forever.

  1. And while the likes of GRG and HBOS Reading have caused many businesses to fail, a separate scandal has specifically targeted farms across the Country for over 20 years. Repeated allegations have been made against a man called Des Phillips and various of the 59 companies he has been or is a director of including UK Farm Finance, UKCC and UK Acorn Finance. And some of our major banks have been heavily implicated in these allegations as have other ‘professionals’. It’s a sickening story which has resulted in many family farms being repossessed and, sadly, farmers committing suicide. You can hear about it here: http://www.bbc.co.uk/programmes/b040hzz5 or read about here: http://www.publications.parliament.uk/pa/cm201415/cmhansrd/cm141111/halltext/141111h0001.htm No one has been prosecuted so no one has gone to jail.

  2. Bankers or traders have been found guilty of rigging LIBOR. Again, massive fines have been levied – another penalty on shareholders. However, in this instance it looks possible some bankers will go to jail and one banker has even pleaded guilty. But let’s not get too excited that justice might be done. Read this: http://www.theguardian.com/business/2014/oct/07/banker-pleads-guilty-libor-rigging-rate-fixing

As you can see the banker concerned could get up to 10 years in jail but we don’t know who he is or what bank he worked for and reporting on this case is heavily restricted. Presumably, after the other three people charged have had their trials, we might know more. But I wouldn’t bet money on it – especially if the banker in question worked for one of the State subsidised banks. But it’s a start.

I could make the list much longer but, to date and looking at the 6 instances above, money laundering, PPI, Swaps, asset theft including farms and LIBOR rigging, it’s certain 1 person in the UK will go to jail and 4 people might. And when you look at the trail of poverty, misery, desperation and devastation these crimes have caused, it is unbelievably disappointing – not to mention scandalous, that our regulators, justice system and worse still, our Government, have let this happen. In fact it is morally and ethically reprehensible.

Of course individual bankers do go to jail quite regularly – they’re usually quite low down in the pecking order and their offences (with a few noticeable exceptions) just about make it into their local newspapers. But the top dogs – the ones who make policy – the ones who instigate and oversee the kind of conduct which allowed all of the above to happen, seem to remain above the law. Which begs the question – why do we have laws?

Meanwhile, the Government have issued the following figures regarding crimes to businesses:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284818/crime-against-businesses-headlines-2013-pdf.pdf

I haven’t read it in any great detail but I’m pretty sure it doesn’t mention the wholesale destruction of SMEs by banks. I sometimes think we should move the Houses of Parliament to Canary Wharf and have done with it before La La Land spreads across the whole of London.

Here in the real world we are in the run up to what will be another very austere festive season for many people in Britain – and I’m not just talking about people or SMEs who have been defrauded by banks. I’m talking about those families who’ve lost jobs and/or benefits and most of all, those people relying on food banks or who have lost their homes and now live on the street. A lot of people would say – me included – our major banks and therefore our most senior bankers, were very instrumental in causing our national austerity. And, post the so called Credit Crunch, those same banks (especially the part State owned ones) have done little to help the economy and much to damage it further. Unbelievably, the people at the top of those banks continue to be heavily rewarded.

For example, yesterday (13th December) I was reading an article about the top paid European Bank CEO’s. http://www.cityam.com/1415705309/which-ceos-european-bank-have-biggest-pay-checks-two-uk-banks-take-second-and-third-place

Hmmm – £7.4M. Even when you deduct 50% tax, that still leaves approximately £71k a week. I think you could have one hell of a Christmas with that remuneration package!

Mind you, every silver lining has its own cloud and I suddenly thought – I bet it’s really tough finding the perfect Christmas gift for these top bankers because, what do you buy for the man or woman who has everything? So maybe La La Land has its own problems at Christmas.

Shame you can’t gift wrap integrity – if we could give some of them that, the whole Country might feel more festive. Still, there’s always the good old standby gift – Monopoly. After all, banks have bought, sold, packaged and mortgaged every property on the board many, many times over – but, to date, they have been very adept at steering clear of the “Go to Jail” square. But then I’m guessing Al Capone thought he would never lose ‘games’ either.

Did the Bank Wreck My Business? Yes – so what happens now?

Did the Bank Wreck My Business? Yes – so what happens now?

I’m pretty sure the ratings for the excellent Panorama programme, ‘Did The Bank Wreck My Business’, were very high last Monday. Certainly most people I know watched it – but then many of them have direct experience of banking abuse at the hands of RBS or Lloyds – so they would. In fact most of them were interviewed by Andy Verity and Jon Coffey although their stories weren’t used in the programme. Some would say (and I would agree) there are many more horrific stories out there that the production team could have used – but it’s not a competition. Every business annihilated by bank misconduct (known to many as fraud), is a tragedy. And, given the Beeb’s generally conservative, establishment stance, I think it’s nothing short of a miracle this programme was as frank and exposing as it was.

As always, when programmes like this are on, I took some notes. I do it mostly to collect quotes for my book (nothing quite like “from the horses mouth”quotes to make points) but I also do it because I’m so staggered at what some people in the banking world say, it has to be captured in black and white for posterity. One day future generations will surely look back and ask “how the hell (being polite there) did a democratic country let that happen?”

I know the transcript of the programme will be available soon (or I hope it will) but here’s some of my favourite quotes from last night:

Jon Pain (RBS) “The whole purpose of GRG is to help customers return to financial health…..”

Vince Cable (BIS) “Well of course I’m very alarmed because good companies appear to have been put at risk or in some cases destroyed by banks behaviour…..”

Stephen Pegge (Lloyds) “our goal is to support businesses (you know) small and medium sized businesses are really important to us….”

Jon Pain (RBS) “(But) I would in no shape or form condone any inappropriate behaviour by anybody acting on behalf of RBS – that’s not part of our agenda in supporting customers.”

Christ Sullivan (RBS) to Andrew Tyrie re GRG “It is absolutely not a profit centre!”

Ross Finch (Lloyds victims) re his meeting with an exec of Cerberus who Lloyds sold his loan to “When I expressed disbelief about their behaviour, um, he said, “what you’ve got to understand is I am a prick” – which I couldn’t believe he would say such a thing!”

I’ve just pulled out those quotes because they are either so absurd or so shocking– and they’ve been broadcast on the BBC, the bastion of British correctness. If even the Beeb is exposing RBS and Lloyds as a bunch of crooks, what can we say? Nine years on from the so called Credit Crunch and where are we? I would say, if anything, we’re walking backwards. As one of the founder members of SME Alliance and a member of Whistleblowers UK ( Paul and I blew the whistle on HBOS Reading – the HBOS equivalent of GRG), I hear horror stories about banks v SMEs every single day. But the exposure of banking atrocities is no longer limited to what banks like to portray as ‘the niche market of poorly performing SMEs’. Everyone knows how bad some of our banks are and Andy Verity’s programme should be one of the final nails in the coffin of bad banking.

But will it be? Big question:

Vince Cable, Andrew Tyrie, the Treasury Select Committee, the FCA, the PRA, Mark Carney, David Cameron, Ed Miliband, Nick Clegg – did you watch “Did The Bank Wreck My Business’? And if you did – what are you going to do about it? They certainly didn’t wreck your businesses so I understand that maybe you don’t understand the consequences of what banks do. However, I do and so do thousands of SME owners, employee’s, shareholders and creditors. We live with the consequences.

I also know Andy Verity and Jon Coffey have done extensive research to make this programme and could have used any number of totally outrageous cases because they interviewed loads of SME owners (or ex SME owners) – and I know some of those stories may have been a step too far for the Beeb. In my own case sub judice was a big problem. But I know they made the programme in the spirit of stopping banks abusing SMEs. So has it worked? Has it helped? Will anything change?

Well the Panorama team have done their bit. David, Ed, Nick, Andrew, Mark – over to you. You are the people who can make the banks behave – or at least you should be. If the reality is you’re not – then wow, we have a serious problem in our democracy.

Best quote of the programme, without doubt, has to be Austin Mitchell MP, talking in Parliament about the Keith Ross case and saying it how it really is:

“What I want to do today is tell the story of the theft of a profitable Yorkshire company and I don’t mean the criminal Mafia we often speak of I mean Britain’s dark suited Mafia which in this case is represented by Lloyd Bank and Price Waterhouse Cooper both acting in collusion….”

Here’s the link from Hansard to Keith Elliot’s case: http://www.theyworkforyou.com/whall/?id=2013-11-12a.212.0

Of course, living in Italy for nearly 20 years, Austin’s comments would strike a chord with me. Well said Austin – there’s not many MP’s who would draw Parliament’s attention to the similarities between the banks and the Mafia but I would just put you straight on one thing – our dark suited Mafiosi are, in many cases, criminal.

I’m posting this on my own blog site because this is my own view – but I believe many people in SME Alliance will appreciate this view and I have to give us a plug because the conduct exposed in the programme is one of the reasons SME Alliance was formed.

#SME Alliance – giving SMEs a voice. #nooneisabovethelaw

Mark Carney says #nooneisabovethelaw now we need to work on #whocanaffordthelaw?

On 24th September 30 people travelled from all over the Country to attend the first meeting of SMEalliance in the Old Council Chamber at the Law Society. It could have been double that number but, having asked our hosts, Rustem Guardian, for a room for 12 people, then 25 people, then 30 people, I felt it would have been rather rude to continually increase the numbers!  All the same we ended up with about 35 people. Rustem Guardian did us proud and we are enormously grateful to them for giving us such a fitting venue for our first meeting.

I say fitting because one of the key phrases that came out of the meeting was this:

“no one is above the law.”

Of course most people at the meeting were brought together because, as SME owners are very well aware, some people do seem to be above the law – which is, in part, the reason why so many SMEs are struggling and continue to be abused and especially (but by no means exclusively) by the financial sector. But the reality is  – and we need to remember it – in a working democracy, no one is above the law.

I raised this subject at the meeting because of a letter Paul and I received, dated 1st September 2014,  (1 day before SMEalliance was born) on behalf of Mark Carney, Governor of the Bank of England. We wrote to Mr Carney on 31st July 2014 and that is our first letter to him although we were in regular contact with Lord King from 2010 and he always replied, usually in person and with his private seal. Mervyn King (as he was in 2010) had asked to be kept fully informed of the progress of investigations into HBOS (ongoing) and I don’t make the point to infer we are buddies of Lord King’s,  I make it because by writing to him and getting replies, we were sure the BoE had critical information about malpractice in HBOS. So we were keen to make sure Mark Carney was similarly well informed. I can’t publish most of our letter or the reply for reasons of sub judice but I can publish this point we raised with the Governor:

Mr Carney, even as music publishers (there’s been little music publishing and lots of fraud investigation over the last 7 years), we understand the need to maintain international confidence in the City of London and our financial sector. But it would seem the attempts to indemnify bankers from crime in order to maintain that confidence, has resulted in the City becoming the ‘Wild West’ of the financial world. By not holding bankers to account individually when they break the law, we now have a situation whereby the banks feel their immunity to prosecution is a licence to further break the law. And they do so in the knowledge that, worst case scenario, their shareholders will pay huge fines while those bankers responsible for the good management and reputation of the banks, continue to get huge pay packets, bonuses and pension pots. Under such a scheme, where is the incentive for bankers to behave lawfully, morally and ethically?

The reply to this on behalf of the Governor was (I’ve redacted specific’s):

Your letter also notes a concern that regulators have not acted to penalise relevant individuals in relation to XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX and that bankers are somehow above the law and able to avoid prosecution. This is a view very much not shared by the Bank of England. As the Governors recent letter to Lord Blackwell made clear there is absolutely no doubt that bankers who are guilty of misconduct should face the regulatory and / or criminal consequences of their actions. No one is above the law.

I haven’t published that to annoy the Governor of the Bank of England by sharing private correspondence. On the contrary I’ve published it to make the point that in the “them v us” scenario many SME owners feel exists between businesses and the establishment,  we have a lot of shared views. And I may be very naive but I was actually delighted to read the headline in the Huff Post today:  Mark Carney Tears Into Bad Bankers For ‘Getting Away With It’

http://www.huffingtonpost.co.uk/2014/10/13/mark-carney-bankers-banking_n_5975494.html

I am not saying our letter to the Governor made an impact but, on the other hand, maybe he is aware of the bad conduct of banks towards SMEs – maybe we can get our message across to people like Mark Carney and maybe now if the time to resolve a “failure to communicate” situation that has existed for far too long. I really hope we can remedy that with SMEalliance. We can open a real dialogue with people who can help us get change – and this time, the message won’t be from people paid to represent us – it will be SMEs representing SMEs.

I feel hugely encouraged by the immediate response and support for SMEalliance – it really feels as if a fuse has been lit and an immediate network of like minded people have joined forces. We need to build and build our numbers so our voice gets louder. And then we can collectively make sure influential people like Mark Carney  or politicians know exactly how we feel, what our problems are and what changes we want to see – straight from the horses mouth. Starting maybe with the statement from the Governor’s office:

No one is above the law.

If even the Governor of the Bank of England is agreed on this principle. maybe we could start dealing with the one thing that hinders it:

But most people can’t afford the law.

That’s a huge problem but let’s not run before we can walk. If we can be sure the authorities will support  “no one is above the law” that would already go a long way to helping SMEs. So that when we report misconduct, fraud, misrepresentation, sharp practice or other issues that damage SMEs to the regulators, the police, MPs – we could do so with the confidence the law will protect us.

Last thing – you don’t have to have a problem to join SMEalliance. Aside from trying to raise important issues at a political level and have a huge voice, it is a huge opportunity to network, share information or idea’s and cross reference facts that will also alert others to potential pitfalls. And for those who do have a problem, it will also hopefully provide a support network.  I saw all of this go into action straight away when everyone at the meeting adjourned to the pub and it was evident the knowledge and experience people were willing to share was phenomenal.

Please visit our website http://www.smealliance.org and if like us you think SMEs, which are the absolute backbone of the economy, should have a better deal and a bigger voice, please join us. Our next meeting is 6th November at the Winford Manor Hotel in Bristol.