Tag Archives: anxiety

The Beneficial Lies – Who Did They Really Benefit? #banks #bankers #HBOS #Lloyds

I should be used to offensive or thoughtless language from bankers and bonkers behaviour by their PR teams but I was genuinely shocked this morning at various articles in the press today.

Top of the list are the two articles in the Times where the CEO of Lloyds Banking Group, Antonio Horta-Osorio (AH-O) gives chapter and verse on an incredibly stressful period of his life as Lloyds boss. Knowing a lot about stress and how debilitating it is, I fully understand that it doesn’t matter who you are or what your personal circumstances are – inside your own bubble, you are still having a crisis.

However, the subject of people getting stressed because of banks is such a sensitive one, given how many thousands of bank clients are stressed to the point of being suicidal, I wonder why on earth the PR department of Lloyds Banking Group would make the Banks CEO such an easy and obvious target for outrage?

I imagine being the CEO of a major Bank is a very stressful job – which is why they are paid mega bucks. But there are huge differences between being stressed because of a well-paid job which, if you really can’t cope, you can resign from and being stressed because a Bank has destroyed your life, your business, your future, your reputation and, in some cases, your sanity – and you can’t resign from this situation – or check in to the Priory – or retire and live on a pension which, unfortunately for you, you no longer have because and unlike Mr AH-O, you’ve been asset stripped of everything.

There is no comparison between the stress Mr AH-O has suffered and the stress so many SME owners (and their family, staff and shareholders) have suffered. Therefore, while I would never suggest the stress Mr AH-O suffered was of no consequence or that mental illness isn’t a very serious issue that should be given a better platform, his two articles are unbelievably insensitive and offensive to the many who are still in a very dark place through no fault of their own and, in some cases, because of Lloyds Banking Group.

In the same way I have always been very grateful to many journalists who have helped expose the Reading fraud (Ian Fraser, Tom Harper, Andy Verity, James Hurley, Siobhan Kennedy and many others), I am also very grateful to Jonathan Ford, City Editor of the FT for his excellent article about HBOS Reading which has coincided with the Mr AH-O articles in the Times. The online article came out on Thursday and the six-page hard copy article came out in the FT today (7th). Comparing the two articles, there’s a very stark example of the inequality the Country is suffering. Suffering for Mr AH-O meant he was put off his tennis game, he didn’t enjoy his family holiday in Indonesia and he suffered a bad bought of insomnia. Speaking as a victim of HBOS Reading, I can confirm my own version of stress was years of insomnia, no holidays and 22 horrendously stressful eviction hearings. I did consider suicide but only in a wishful thinking sort of way as I had two teenage daughters to think of and a very strong husband who has pulled us all through these terrible years.

I realise none of what I (or many others) went through alters how Mr AH-O was feeling back in 2011 and I genuinely hope he is fully recovered. All the same, if I was him I would sack his PR team because they made him a sitting duck and will, I think, cause him more stress.

I would imagine one of the most stressful things about Mr AH-O’s job is knowing the truth about the Bank and managing that truth. The other disturbing articles I’ve read today – or indeed in the last few days – are about how much truth has been buried for the benefit of the public. An article in The Times yesterday reported how the Bank of England was economical with the truth during the financial crisis. Andy Haldane, the BoE chief economist at the time said:

“It is not always and everywhere the case that greater openness and transparency is a good thing. And that’s certainly true in my world.

“Had we been fully open and fully transparent about what was going on during the financial crisis, it would, let me tell you, have been a lot, lot worse. That would have been [like] shouting ‘fire’ in the theatre.

Mr Haldane is right about one thing, the crisis in 2008 was considerably worse than the public was allowed to know. I’m sure everyone at the BoE was trying to juggle so many flaming swords, they all wished they could book into the Priory. Trouble is, years later and as the real truth comes out, many people are wondering if the lies told (and that’s what they were) were for the benefit of the Country or told in order to cover up the fact the whole Country had been collectively mugged by the Banks? The fire in Mr Haldane’s theatre could and probably was full of bankers and what the BoE did was bring in the Fire Brigade – but was it for the public benefit? If it was, how comes the whole Country has been crippled by austerity so the NHS is on its knees, the police can’t even afford to investigate the epidemic of financial crime our banks still persist in using as every day conduct, young people can’t afford University fees or housing and hundreds of families are relying on food banks? Is that how we benefited?

In the same way Lloyds Banking Group has been economical with the truth of what it knew about HBOS Reading, Ross McEwan has been economical with the truth about RBS GRG division, the BoE, FSA, FCA, FRC, PRA have been economical with the truth about  almost everything to do with the Banks and their auditors – I fail to see how this has been beneficial to the Country? Maybe it would have been had the BoE and the regulator used the financial crash as a lesson learned and made sure banks really did clean up their acts? But they didn’t so we can expect a new financial melt down any time from now.

All we have years later is a lot of stressed people – bankers, bank customers, bank victims – and a struggling economy. So who has benefited from all these beneficial lies? And how much longer will the lies or spin of the truth continue? Clearly it’s in full flow today and my guess is Antonio Horta-Osorio is still stressed and, needless to say, so am I as too are so many victims of HBOS Reading, RBS/GRG, Lloyds BSU and other banks BSUs. In fact, it wouldn’t surprise me if stress levels in this country are at an all time high.

 

 

 

 

 

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Why I object to Eric Daniels walking away from chaos with £5M – it’s not banker bashing, it’s logic.

I wrote the blog below in September 2011. Today’s news that Eric Daniels now feels he can sue Lloyds Banking Group for lost bonuses has not improved my view of him. Mr Daniels was a spectacularly unsuccessful bank CEO. A friend of mine said the HBOS /Lloyds bankers were paid a fortune to “fail with vigour.” My friend was right and Mr Daniels was a classic example. The fact he believes he is entitled to even more money is offensive to the Bank’s shareholders, it;s customers, to the thousands of staff who lost their jobs, to the victims of #HBOS Reading who Eric not only ignored but in some cases persecuted, and to the whole Country. Shame on you Mr Daniels. 22/08/17

Original blog of 26/09/2011

Some may say my various tweets on Saturday (24th September) about Eric Daniels were a bit harsh or that I have been indulging in what has reportedly become a common pastime in the UK, banker bashing. But I have good reason to feel Mr Daniels should not be allowed to cock this last snoop at the British taxpayer or at me.

I do remember 2009, when Eric Daniels became head of HBOS as well as Lloyds. I remember thinking that finally, the victims of HBOS Reading would get a fair hearing and a resolution because obviously, the management of Lloyds would want to clear up such an unwholesome mess. Not so.

I wrote to Mr Daniels on several occasions and those people who replied on his behalf (he never replied personally), simply said that, as far as Mr Daniels was concerned, the issue of HBOS Reading had been dealt with, there was no fraud and the Bank did not intend to correspond further. They are still corresponding now, over two years later and our last letter came from Harry Baines, General Counsel for HBOS and now Lloyds Banking Group, in July 2011. His variation on a theme was the matter has been well ‘ventilated’ and that’s the end of it.

The serious question this behaviour poses is not just as to why Mr Daniels, or anyone else for that matter, would be happy to see business banking clients left in such a sorry state having been defrauded by bank employees but rather; why would the CEO of a bank ignore evidence of criminality and allow the situation to progress to a full scale police investigation which could only be detrimental to the bank and its shareholders?

I’m fully aware that banks get hundreds if not thousands of complaints on a daily basis and they  very often deal with them using the ‘delay, deny, dilute’ tactic. But, I truly believe in this instance it was absolute madness and totally negligent to repeatedly ignore complaints about HBOS Reading and even when:

  1. Several MPs were asking for a resolution on behalf of Constituents.
  2. The HBOS Reading scandal was the subject of a File on 4 broadcast.
  3. MPs had a Debate at Westminster on 2nd June 2009 and James Paice MP even used Parliamentary Privilege to expose some of the unwholesome details (documented on Hansard).
  4. The FSA did a Section 166 Review which progressed to a Section 168 Investigation.

What part of the list above would allow the CEO of any business to think this was a matter that could simply be swept under the carpet and denied? At what point did Mr Daniels think the best way forward was to ignore the victims or, in our case, to proceed with trying to evict us from our home 22 times so that we could not continue our investigation into the fraud? Leaving aside integrity or even decency, has Mr Daniels never heard of damage limitation?

And the end result of pretending the HBOS Reading fraud never happened is Thames Valley Police and SOCA are now into their second year of ‘Operation Hornet’, the full scale investigation into what really happened at HBOS Reading. 8 people including 2 bankers have been arrested so far – which suggests that while Mr Daniels has not taken this matter seriously, the police have.

That cannot be good for the reputation of HBOS, Lloyds Banking Group or any of the senior executives, past or present, of HBOS or Lloyds who have refused to deal with the matter. Surely it is the responsibility of these people, who are paid vast amounts of money, to make make sure that a) major frauds do not happen in the Bank and b) when something does go horribly wrong, it is dealt with quickly, fairly and efficiently. But that has not happened – not under Andy Hornby nor Peter Cummings nor Eric Daniels. More importantly, anything detrimental to the Bank’s reputation, is not good for the shareholders which, in this case, means the Country. We have all seen Lloyds share price drop from pounds to pennies – while pay and bonuses for the top bankers have gone from thousands to millions. For what? For running the banks into the ground?

To make matters worse and even more confusing, Mr Daniels was in charge when the false bank account in the name of Zenith Cafe Ltd was being debited. I have already blogged about this but I forgot to add a vital point. While the Bank are busy convincing the FSA this is an ‘internal’ account which our company was never going to be asked to repay, we have the letters demanding repayment and telling us we must stick to the overdraft limit – which is of course zero as you can’t negotiate an overdraft for an account you don’t know about.

Presumably Mr Daniels would say he didn’t know about the account. He would be oblivious to the fact Zenith Cafe appears to owe the Bank approx. £630,000 – £200,000 of which was to pay the Bank’s lawyers to be involved with 5 of our eviction hearings when they weren’t instructed in that matter.

But even the FSA are now saying they are taking this matter very seriously because it simply isn’t possible to add approximately £250,000 worth of interest and charges (going up at £11,000+ per month) to a £372,000 debt for their legal fees and come out with a £600,000+ credit which is explained away as an ‘internal’ matter. So maybe, as CEO, Mr Daniels should have known about it so he could have asked the question – who authorised it? And how many other fake accounts were/are manipulating the Bank’s loan book? What impact is this or other ‘internal’ accounts having on the P&L? Or did this well paid now ex CEO have no idea what was happening on  his watch?

This morning I was reading an old letter from a Mr Godfrey at the Bank on behalf of Mr Daniels. It says – over and above the usual, “we’ve dealt with this so go away” – that the Bank is fully aware of our level of indebtedness. Maybe they were – but I certainly wasn’t as I knew nothing about the account for the first 18 months after the Bank created it! And I’m wondering now if my other company, Zenith Publishing Ltd, also has a false account attributed to it and how much does that one show as owing to the Bank?

Many people would say the ‘fantastic’ deal Mr Daniels and friends did when they merged a good or at least functioning bank, Lloyds, with a basket case, HBOS, caused thousands of people to lose a fortune. Not the kind of fortune top bankers or Corporate CEOs make in bonuses but the few thousand pounds a lot of people thought they were going to get annually as a pension when they retired – or the reasonable wage they made before thousands were made redundant when the Bank had to off load staff to increase profits – or the comfortable nest egg they had which meant they could afford a reasonable lifestyle. So many people’s lives changed thanks to the Lloyds/HBOS merger and even more lives have changed thanks to the overall bank bailouts.

I think we are all entitled to question why so many of the people who caused economic catastrophe have been so handsomely rewarded?

We are entitled to ask why people who have possibly broken the law, are not being prosecuted?

We are entitled to ask why people who have breached FSMA 2000, who have acted with little or no integrity and who have caused damage to our banking system via their negligence, have not been struck off as directors?

Personally I would ask why the ex CEO of Lloyds Banking Group was able to; totally ignore the evidence he was sent of a major fraud which has resulted in a major police investigation that is detrimental to the bank ; allow and even authorise the malicious persecution of the victims of the fraud; allow a false account to be operated in the name of a victim’s company (when false accounting is a criminal offence); and why should he walk away with £5 million pounds?

It doesn’t make any sense to me and I’m deeply disappointed UKFI, our Government and our regulators seem unable to understand how offensive this pay off is to the majority of the British people. This is not about banker bashing – it’s just logic and I imagine the 43,000 people who have lost or are losing their jobs at Lloyds, will also be wondering about  the logic of them all ending up with nothing when the man in charge of the disastrous merger, can get so much?

Maybe, on a personal level, Mr Daniels is a good man – I wouldn’t know. But in my view, he isn’t a good business man and I cannot understand why a bank that is 41% owned by the state, is paying him £5M? Or why he has been getting £3,333 a day since last March for doing nothing?  Or is the  implication, it was costing us much more than that when Mr Daniels was doing ‘something’?

I’m inclined to think it was. He has cost this Nation a fortune – and now his pension from the part state owned bank he was instrumental in ruining, will keep paying him a fortune every year for the rest of his life.

Eric Daniels, Fred Goodwin, Peter Cummings – some might consider them to be three of the most successful bank robbers in British history. No horses, no getaway cars, no balaclava’s, no dynamite. How did they do it?

“Ill Founded and Misconceived” versus 47 Years In jail. Updated #HBOS Reading

I am adding this update to the blog I wrote last February and just after Lynden Scourfield and five others were sent to jail. That was over six months ago.

I was fairly optimistic throughout March and April that the Bank were going to do the right thing and swiftly even although I should have realised at our meeting with the Bank in March, the quest for justice and compensation from the Bank was going to be a long haul.  At that meeting the Bank’s representative expected us (Paul and I) to accept the statement “it is a fact that prior to the trial the Bank had no evidence of criminality.” He said this (and repeated it several times) to the people who have been sending evidence of criminality to the senior management of LBG and their lawyers since the merger with HBOS happened. So the statement was clearly a blatant example of “false truth” or whatever the latest fashionable definition is for “a lie” and it was never going to wash with us. You can’t rewrite history just the same as you can’t lie to yourself even if your bosses can insist you lie to others.

The latest hiccups include: the Bank are not (contrary to their reports to the media) prepared to pay the ‘reasonable’ costs for the victims lawyers/advisers unless they give the Bank chapter and verse on what they are doing for their clients. As if??? As if the advisers will tell the Bank the private and confidential details of the work they’re doing with the victims. Then, if the Bank’s faceless panel make an unacceptable offer of compensation and the victim has to litigate, the bank already have all their information supplied by the advisers. Do the Banks lawyers really think we are all that stupid? And of course the more obvious point – if the bank won’t pay the lawyers/advisers for the victims and the victims can’t pay them, the victims could end up with no legal advice vs the Banks magic circle lawyers.

Another hiccup: some victims who didn’t have dealings directly with Scourfield of Dobson but were in any event destroyed by their lieutenants,  acting on Scourfield /Dobson’s orders, have been told by the Bank they are not considered as victims. The criteria is you have to have dealt directly with Scourfield, Dobson or Quayside. But believe me, some of those working for Scourfield really enjoyed their jobs and were every bit as ruthless and criminal as he was – but they didn’t get arrested. Maybe they will one day but in the mean time I hope the Bank stop the absurd pretence that victims of Scourfield/Dobson teams did not suffer.

Some might say optimism is an ill advised trait in this day and age.  Nevertheless I still think Lloyds will ultimately do the right thing – the question is when? They didn’t meet their target of 30th June to compensate the victims and I wonder if we or the media should have asked Mr Horta Osorio whether he actually meant the deadline of 30th June was June 2017 or 2018? But they will have to do the right thing sooner or later because the alternative would cast serious doubt on whether the Bank’s Chairman and CEO are ‘fit and proper people’ to be running a Bank.

At the end of the day, the Bank’s lawyers can plot all they like to delay or decrease the compensation thus increasing their own remuneration. But the blame for prolonging the misery of people who have already suffered unnecessarily for so many years (it was unnecessary because both HBOS and LBG were fully aware of the criminality years ago) will not be laid at the door of the lawyers –  the blame will go to Lord Blackwell and Antonio Horta-Osorio.  I hope their lawyers are not trying to persuade them that won’t happen because that would be another false truth and potentially a very costly one.

24th July 2017

 

What a week!

As many people reading this will know, on Thursday 2nd February the Judge in the HBOS Reading trial sentenced the five delusional Defendants who pleaded not guilty and the one Defendant who did plead guilty, to a total of 47 years in jail. I was in Court for some of the proceedings and I know many people who couldn’t attend will want to know how it went.

Paul and I didn’t get to Court until about 11.45. Partly because we had the BBC at our house by 6.30am to do Breakfast TV, which was quite an odd experience because we generally get interviewed by people who know a lot about the HBOS Reading fraud. So I kind of felt we and Steff McGovern were talking about different stories and I hope we have a chance to go back and explain it to Steff in more detail so we’re on the same page!

By the time we got to Court it was packed. So packed all you could do was stand by the door at the back of the Court. A lot of press were there as well as a lot of the victims and they were doing the mitigation pleas when we arrived. I went in and listened for 20 minutes and then had to leave. I had to leave because one Defendant’s QC was talking about the hardship it would cause his Client’s family should he be incarcerated! Another pointed out his client was over 60 and in ill health!!!

I always think anger is a dish served silently and after reflection but I wasn’t sure how much longer I could stay silent or reflective in light of these comments. The families of scores of people including mine, have been devastated for years because of these people. Many of the victims have been serving a prison sentence for years and so have their children. We’ve had businesses trashed, no livelihood, no way forward because this has taken so long to reach a criminal conviction and we’ve been living on the breadline. On top of that our reputations, our credit ratings and our dignity has been smashed (yes Nigel, I pinched that from your excellent piece on BBC News at 10!).

Meanwhile, some of the people in the dock have been living like kings and indulging in every possible luxury (not always the luxuries that are to everyone’s taste) on the back of what they stole from SMEs. I say ‘some people’ because there were various degrees of ability or desire to indulge and these have been reflected in the Judge’s excellent summing up and sentencing.

On the subject of not being sent down because someone is 60 and in ill health – I am now 61, my husband is now 65 and we would consider our health to have been destroyed except for the fact other victims have fared far worse – at least five victims are dead!

I decided not to listen any more and I joined Paul in the corridor. I’ve done my best to keep Paul out of the Court room since September 2016. As many of the SME Alliance members will know, he has a photographic memory and I believe he would have been severely agitated to hear some of the evidence from both sides of the case.

We weren’t sure if the sentences would actually happen in the afternoon but fortunately they did. Again I could only squeeze into the back of the room because it was overcrowded. It was also incredibly hot and I began to wonder if people might start to feint from the heat and stuffiness – and the tension.

All through this trial it has been incredibly difficult to hear what is being said and Thursday last week was no different. People coughing, blowing their noses, turning pages of note pads (I was horribly guilty of that), people shuffling in their chairs and the Judge talking very quietly because of appalling acoustics – it’s been a nightmare. But everyone was doing their best to be quiet and hear what the Judge was saying. I don’t have to repeat what he said because it is documented, has been repeatedly reported on and is on the SME Alliance Public Interest page. But you had to be there or maybe you had to attend the entire trial, to get the impact of the Judge’s speech.

More than the sentences the Defendants’ got, I was grateful for that speech. He really got it – he really knew who these people were. The greedy ones, the stupid ones and the evil ones. Judge Beddoe knew exactly who was who in this trial and what their role was or what their importance was. This was so important. A Judge, any Judge, has to remain impartial throughout a trial and although all the way through the trial Judge Beddoe repeatedly picked up on things others in the Court missed, he was always impartial. But clearly he knew who he was dealing with and his speech before sentencing made that very clear. I and others have noted throughout the trial, Judge Beddoe is an exceptionally intelligent man and we were lucky he took this case. I am pretty sure he, like Paul, has a photographic memory – thank God.

Even in the middle of the chaos all around and with people cheering in the Court at the result, I genuinely felt for the first time that all the hard work Paul and I have put into this for 10 years, has been worth it. Not because these Defendants who, let’s face it, are either damaged, delusional or sad people, have been sent down for so long – in lots of ways I think losing their assets, their reputations and their livelihoods (like their victims) would have been almost as damaging as prison – but because I can now start to believe after all this time, perhaps our justice system can work.

I know all the victims of HBOS Reading will be grateful to the Judge, the Jury (they were brilliant), Brian O’Neil QC (Brilliant) with his team and Thames Valley Police (especially Mick Murphy) and, as you can imagine, it was a fairly emotional moment when the Judge read out 15 years for Mills, 11 years 3 months for Scourfield, 10 years for Bancroft, 4 years 6 months for Dobson and 3 years 6 months for Mrs Mills and Cartwright. I imagine it was even more emotional for them.

It would be wrong to focus on the downside after such a result but sadly there is one. We, the victims, won a battle last Thursday, definitely the biggest one we’ve fought so far – keeping that trial on track and getting the result (Paul and I have had to win 22 court battles over the last ten years to keep our house). But we haven’t won the war. HBOS have known about this fraud since 2006. Lloyds TSB have known about it since at least 2007 while Lloyds Banking Group (LBG) have known about it and certainly at a very high level, after the merger with HBOS in 2009. Peter Cummings, Andy Hornby, Lord Stevenson, Sir Victor Blank, Eric Daniels, Sir Win Bischoff and Antonio Horta Osorio. They have persecuted us and other victims for years in the knowledge every allegation we have made was correct. Why? How? How could this have happened? And even now when six people have been sent to jail for over 47 years, LBG are still putting out bland obfuscation as soundbites instead of doing the right thing. What will the latest Chairman of Lloyds Banking Group, Lord Blackwell, do now?

What will Andrew Bailey, the CEO of the FCA, do now?

HBOS could have resolved this years ago – so could LBG. It would have cost peanuts compared to what it will cost after the criminal trial. There must be a reason the Banks didn’t do the right thing? Is all this denial just hubris? Or is this because the management feel obliged to continue with their denials in order to stop an even bigger scandal coming out?

I’ve called this blog “Ill-founded and Misconceived” because that’s what the Deputy Chairman of Denton Wilde Sapte said about our irrefutable evidence back in 2008. He wrote this in a letter to us on behalf of the Board of HBOS and after HBOS had done various investigations establishing the facts as documented in the criminal proceedings. I think the ex Board members may well regret leaving the letter writing to Mr McAlpine.

One last thing – much as I think he was always fighting a losing battle and he lost, I was very impressed by Mills’ Barrister Kieran Vaughn QC. So that’s two names for the record – Brian O’Neill QC and Kieran Vaughn QC – just saying.

When justice is delayed too long the Devil is dancing.

It’s very hard to write a rational, unemotional blog about the state of our financial system when I’ve just been to see a friend, who is a victim of bank fraud, who has been waiting for justice for over 10 years, and who is now dying of terminal cancer. But I’m going to try because too many people now are dying without ever seeing justice done. Perhaps just as bad, those they leave behind see little benefit to justice in the future because no amount of money or even bankers being jailed, can never bring back someone you love. There are some things money can’t buy.

I should add straight away that I’m not saying a bank caused my friend’s cancer – it didn’t. But years of stress, anguish, eviction hearings and trying to make ends meet will not have helped the situation. I’m not a doctor but it seems logical to me that the energy and willpower you need to try and fight of an evil disease like cancer and which should be your primary concern, is not aided when you have bailiffs at the door and a banks top lawyers trying to grind your chances of justice into the ground with legal technicalities and the ever promoted ‘costs’ threat.

That is a reality. When victims of bank misconduct are put with their backs against the wall, no one in authority says “hang on a minute, there’s a reason they can’t pay their Council tax or their bills”, they just go for the throat – which is why we have obscene programmes like ‘Can’t Pay We’ll Take It Away.” Bankers on the other hand, faced with serious allegations that may see them facing fines or, God forbid, criminal charges, can rely on their fail safe – money. Shareholders money (in some cases tax payers money) to bail them out of difficult situations.

It’s only a month since the wife of one of the SME Alliance members died of a heart attack – and in that case I suspect the conduct of a bank was the root cause. When that happened it reminded me of an article I found years ago which was written as a result of research by Cambridge University academics, entitled “Can a Bank Crisis Break Your Heart?”: http://www.cam.ac.uk/news/can-a-bank-crisis-break-your-heart

Obviously a bank crisis and I would add bank policy, can break your heart but business, economic climate and political policy doesn’t seem very interested in the human cost of unethical or even criminal bankers conduct. I say bankers because, as always, I would remind everyone that despite legal terminology, a ‘bank’ is the sum of the people who run it. So I’m feeling pretty heart broken even although I’m not the person dying. Neither am I going to be the person most affected by living without my friend. Her husband and children are and even her parents (who can bear the thought of burying their child?).

Anyway, all this has just hammered me. I’ve found it hard to function in the last few days thinking my friend has a couple of weeks to live and there is no way I can do anything about it or even guarantee justice will be served when she’s gone.

I know it’s very non PC of me to talk about human tragedy and banking in the same breath – but tough. It’s about time we stopped pussy footing around what is happening. Above all else, I believe that as a society we should not let the interests of economics or globalisation over take our ability or even our wish to be decent human beings. Sadly, some people, whether because they are genuinely socio-paths or whether their terms of employment push them into that position, are losing site of their responsibilities as human beings.

Maybe they just don’t realise the consequences of their actions? Certainly many bankers and regulators seem willing to turn a blind eye to the reality of bad banking conduct – and this cavalier attitude to individuals is, ironically, doing good banking a huge disservice. Whereas it seemed totally unreasonable up until 2008 to suggest bankers were anything other than professional people and an essential part of society, in general the opposite applies now and the collective name for bankers is often derogatory regardless of whether they are perfectly good people or one of the acknowledged egomaniacs who have hit the headlines in recent years. No one bats an eye to “yet another banking scandal.” We have even become immune to them – right up to the moment they affect us personally. Right up to the moment a bank deliberately targets our business or repossesses our house. Right up to the moment we realise there is no defence against this immoral conduct.

I have been fighting for justice since 2007. I thought it would be easy and that, having identified a massive bank fraud, I could write to senior management of the bank concerned and they would be keen to investigate the matter and make sure any victims of the fraud were compensated and the villains persecuted. I couldn’t have been more wrong. Since then successive senior managements have gone out of their way to bury the fraud I identified and even persecute the victims – presumably in the belief attack is the best defence. But why would you attack your own clients for things your own staff did? I don’t know why but I do know at Board level that has been the banks’ preferred choice.

Nine years on I am still waiting for justice – and so is my friend. Except now justice will come too late. When she dies and she knows she will very soon, she will be the sixth victim to have died without seeing justice for this particular bank fraud.

Last summer one of my colleagues at SME Alliance and I went to a meeting with Head Counsel and Head of Litigation for a major bank. When our conversation turned to Private Criminal Prosecutions, the Head of Litigation became quite outraged and he said that we should realise that when we make criminal allegations we are ruining people’s lives. Even now I remain confused by this comment – does he seriously not realise how many lives his bank is ruining? Not just ruining lives but taking lives? Clearly the man was capable of having empathy towards others because he seemed genuinely concerned we would consider criminal proceedings against bankers. So how comes this same bank is notorious for its lack of empathy to its customers? Are they considered as a different species? Is this why the good old personal bank manager had to go – because he did empathise with his clients? Maybe he even liked them so the idea of selling them  ‘products of mass destruction’ would have have been distasteful to him?

In terms of banking reform I believe we are walking backwards. No one is properly regulating banks and no one is stopping the merry-go-round of greed and corruption which remains rife in our financial sector. On the other side of the fence, public anger is not dissipating and when one person dies one hundred people dig their heels in harder and want to see justice done. In the same way you can only beat a dog so many times before it will bite you, you can only break so many hearts before the consequences become equally dire.

I wish the senior management of banks would wake up to this fact. Justice has a way of being done despite all attempts to stop it and that includes the apparently well known judicial phrase “might over right.”

It is fortunate my friend is deeply religious and she has no doubt she will be going to a better place – neither do I doubt it, she is a good and kind person. The one sure thing we know about life is we we all leave it one day and the departure lounge for that journey doesn’t have a first class section or private jets – just a completely level playing field or “right over might.”

25 pointers on how to get a bank to take your complaint seriously – and how to keep going until they do.

I found this document last night when I was trailing through old files. I wrote this back in June 2012 and decided it might be helpful to some people so I’ve given it a slight update. It’s an extract from a book I was writing called ‘A consumer guide to dealing with banks, bailiffs and other bullies.’ Maybe I will finish it one day.

June 2012 was a very tough time for Paul and I and our family because in April we’d been visited by a senior enforcement officer of the FSA (now FCA) who insisted we should tell Lloyds Banking Group what we wanted after all we’d been through (regarding matters related to HBOS Reading). He implied the Bank would finally compensate us and he said the FSA knew we were very entitled to compensation. But it didn’t happen. We wrote to the bank and they wrote back with the V sign – as in “vattene fanculo” which is a very rude colloquial Italian phrase to say get lost. So, after 5 years battling, we had 5 minutes of hope which was very quickly dashed. That’s why I wrote the document below – to help anyone else in the same boat and to stop similar disappointment.

Times have moved on a lot since then and where as a victim of financial crime used to struggle to expose what was happening, nowadays some of the big banks expose their crimes for us! Everyday the papers have a new banking scandal in them and the regulators, the Government and the public are all aware that some banks have a serious propensity to dishonesty.

Fortunately this blatant misbehaviour has meant bank culture has had to start changing (a tiny bit) and, better still, we have some new players in the market place like Metro Bank who are gaining popularity exactly because they don’t have a business model which sets out to mistreat its customers or SMEs.

All the same, many of us still have serious and unresolved issues with our banks and everyday I hear about more cases where people are really struggling to keep going or, in some cases, keep their sanity in the face of very unethical behaviour by banks. So I hope these pointers which are entirely my own thoughts after living through 7 years of outrageous treatment from HBOS and Lloyds Banking Group, will help anyone newly acquainted with bad banking practice!

  1. What you’re up against – the 3 D’s.

    Many bank’s rely on a policy of 3 D’s – deny, delay, dilute. When you first realise you’re up against multi billion pound corporation who is going to; deny everything you say; take months to reply to you; delay any resolution for years and; dilute your case by muddying the waters with legal technicalities, you will, quite naturally, feel despondent and impotent. That is the first hurdle to get over. Be aware this is what they are likely to do. Expect it. The quicker you do, the quicker you can get on with challenging their tactics.

  2. Do your research.

    Make sure you have your facts 100% right – not only about your case but also that you know exactly what you can really expect from your bank and what their obligations really are, as opposed to what you think you can expect. For example, a banks’ primary duty is to its shareholders and not to its customers. Also, however boring it is, read and reread every document you have from the bank. Then cross reference it with their code of conduct, the BBA code of conduct and the FSA Principles. Most of the codes are voluntary (FSMA rules are not) but even so, it helps to document in writing to the senior people at the bank exactly how many of the voluntary codes their bank has broken. It sounds complicated – it’s not that bad. And if you’re in it for the long haul, things like the FSA principles and FSMA 2000 will become regular reading to you. Although having said that, almost every example of malpractice can be shot down with Principle 1 of the FSA Principles: “A Firm must conduct its business with integrity.”

  3. Make a complaint in writing to the banks internal complaints department.

    Very often a waste of time and you will almost certainly get a negative reply but, if you don’t go through this process, everyone, including the regulators will have an excuse not to look at your complaint until you have.

  1. Write politely but firmly to senior executives of the bank, the CEO and the Chairman.

    If you are sending your correspondence electronically, always ask for a read receipt and if you’re sending by post, ask for an acknowledgement of receipt as well as a rely. You might also consider sending correspondence by registered post. The fact you can confirm they definitely received your correspondence can be very helpful later as they cannot deny someone knows what the content was. Also, make the point in your letter or e-mail, over and above the fact you would like the Board or the executives to deal with your complaint, you are writing because you want to be sure your complaint or allegation is on the record at the most senior level of the bank. Finally, be sure to keep any reply in a secure place – there is little as helpful as the banks own words over a period of time. Even if most replies you get say they have already dealt with your complaint and “we do not intend to correspond further” that can still be helpful. I have a pile of such replies – which all look rather silly and lacking in integrity (FSA Principle 1) now 10 people are being prosecuted with criminal charges in the HBOS Reading case.

  2. What to expect or not expect from the regulators. FSA (FCA) and FOS

    In the case of an individual complaint, the FSA (now FCA) http://www.fca.org.uk/ will almost certainly send a reply telling you they do not deal with individual cases. Nevertheless, send a very detailed explanation of your complaint to the FCA – as it may end up as a systemic issue which they later have to deal with. When sending your complaint to the FOS http://www.financial-ombudsman.org.uk/ , be aware they are limited as to the compensation they can award (£150k) even if they do find for you. So an SME for example, which may have lost considerably more, cannot get a resolution through the FOS. All the same, it’s another box ticking exercise and I would advise you to tick them both.

  1. Document everything.

    Very important. Take notes on every conversation you have with people in the bank, the regulators, your MP and, if applicable, the police. If you have conversations with people who are giving you information or evidence relating to your case, send them your notes of the conversation and ask them to verify that you have your facts correct. Keep all your notes and correspondence safe and in order – you may need to refer to them years later and it’s not helpful to find you’ve destroyed or lost potentially critical evidence. This has been one of our best tools. People contradict themselves all the time and very often they completely forget they’ve said black is white and say it’s pink. We know what people said about HBOS Reading back in 2007/2008 because we wrote it down. Many of them don’t remember.

  1. If your complaint involves fraud or the possibility of criminal actions, try to identify other potential victims.

    Get in contact with them and pool your information. Then give your collective information to your MPs, the regulators, the police and authorities like the Treasury Select Committee. If you try and give your information individually, most of the authorities will tell you they cannot look at individual cases. It’s much harder for them to ignore you when you have evidence of many similar fact cases.

  1. Collect evidence and case law that will help you.

    If you do identify similar cases (even if they are not directly related to your case) collect case evidence and case law because, should you have to resort to the civil courts, which is a dangerous route, the bank will rely heavily on case law that’s beneficial to them and legal technicalities that may confuse you and manipulate the court. You may not be a lawyer (although you can still research case law yourself in Bailii http://www.bailii.org/) but if you can collect evidence from other victims of similar cases, it can help your case. And even if some judges (and certainly the banks barristers) will refuse to consider it on the grounds it is irrelevant to your case, it will still go on the record and in the transcript. So it’s worth saying out loud e.g “I have here 10 examples of similar practice from this bank supplied by other victims.” Almost certainly not court protocol but then neither is it court protocol to deliberately mislead a judge – and I have seen HBOS legal teams do this repeatedly.

  2. If you get to the stage where your MP is involved, copy him or her in on all your letters to the bank and the replies you get.

    Some MPs are real champions of the underdog but unfortunately, not all of them are happy to get involved with financial disputes against big banks. But if you are suffering from a genuine injustice, your MP has a duty to assist you http://www.ukpolitical.info/YouandyourMP.htm . So don’t ever let them make you feel you are a nuisance. And if they do, I suggest you copy every letter to and from your MP to third parties like the regulators or, if you feel you are being particularly badly treated, to the Prime Minister.

  1. Use the many tools available on the internet to collect additional evidence

    You can get details of companies and directorships on Companies House http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo which can be very helpful but it does cost £1.00 per document and, in the case of a very big fraud, you may end up needing hundreds of documents you simply can’t afford. There are other sites that can give you the same equally valuable information, especially with regard to directorships, which, while they charge an annual fee, can work out cheaper. The best one we found back in 2011/12 was Creditsafe http://www2.creditsafeuk.com/ . But now you can get most of the information you need free from Dellam http://www.dellam.com/cgi-bin/main.pl or better still Duedil https://www.duedil.com/ You will still have to pay for company accounts etc but you will be able to see directorships, shareholders and debentures. If you’re prepared to put in the time going through the information on (e.g) Duedil, the paper trail you uncover can help show you the bigger picture.

  1. If you believe and have proof someone in the bank has committed an illegal act, report it immediately to your local police or to the fraud squad.

    In many cases the police will tell you your complaint or your allegations are a civil matter – we were told that in the HBOS Reading case where the Cambridge police would not investigate our allegations simply because the bank told them there was nothing to investigate. Stand your ground. Don’t take no for an answer. Write to the police giving a clear statement of the crime you believe has been committed and listing the evidence you have to support it. Copy your letter to your MP and the FSA. Ask for a crime number and remind the police they have sworn an oath to “… prevent all offences against people and property” http://srchtag.com/ex/vfc2nonclymg2yi.html .

  1. Dig in and adapt your living standards to suit your circumstances until you reach a resolution.

    It could take years to finally get a resolution or compensation from a bank and many banks believe their policy of ‘delay, deny, dilute’ will cause many complaints or allegations to simply disappear – which they do. People get old, get ill, cannot bear the stress, simply give up or in some cases they die. It’s an effective and immoral way for banks to minimise the cases against them. If you want to win, you need to have the right mind set and you must learn to live without things you are used to having and also learn to appreciate some things you have taken for granted. Make the most of every positive in your life however tiny. It’s the small positives which can keep you going in times of immense stress and even a bank can’t take them from you.

  1. Try and keep on top of everyday bills that could potentially cause you massive problems.

    If you find yourself running out of money because of what your bank has done (common problem) you still have to stay on top of daily issues or you will end up being the one in Court! One such example is Council tax. Make sure your local council know about your reduced circumstances and that they reduce your council tax accordingly. If you don’t, you could find bailiffs on your doorstep. Where you know you will have problems paying your creditors, try to keep them informed about what is happening. People can be amazingly accommodating, considerate and supportive, if they know you are suffering real injustice. Similarly, they can be very aggressive if they don’t know what you are going through and feel you are merely trying to take advantage of them.

    In the really unfortunate event your debts escalate to the point of bailiffs attending your property (which is so offensive to when you have to struggle so hard to get authorities to take action against financial crime) it’s really important you know your rights because some bailiffs will unfortunately misrepresent them to gain access to your home: http://www.advicenow.org.uk/advicenow-guides/consumer-and-money-problems/dealing-with-bailiffs/if-bailiffs-knock-on-your-door-html,620,FP.html Worse still, if for any reason (including the consequences of bank malpractice) your lender or land lord threatens to evict you, you must also know your rights. http://england.shelter.org.uk/get_advice/eviction

  1. Contact your local press and give them the details of your case but be wary of approaching the national press unless you can forge a positive relationship with the journalists.

    Try and get your local press to cover your story. Give them regular updates and include issues of human interest especially if, as in our case, your situation with the bank results in eviction hearings or Court proceedings. But be very wary of approaching the national press.Good investigative journalists are few and far between whereas advertising budgets supported by banks and corporate bodies are ever more desirable to an industry that is plagued by modern technology which increasingly reduces its budgets. We know to our cost that some journalists who have had chapter and verse on the HBOS Reading story have gone on to write stories that were completely incorrect as to fact and have gone out of their way to make the victims look like the fraudsters.Having said that, we have also been lucky enough to come across some exceptional journalists who have been enormously supportive and fortunately, I would say now, in 2015 we are getting to the stage where more journalists are aware you are likely to be telling the truth about bank malpractice. All the same, when considering the main stream press, its a good idea to check out who is on the Board (past and present directors or non executive directors) of newspapers.

  1. Set up a blog site and put the details of your case and your allegations on it.

    Invite people with similar situations to get in contact with you. Be very careful however, not to publish your allegations or to defame people unless you are 101% sure you are right. While you cannot be accused of defamatory behaviour if what you publish is based on irrefutable proof, banks and individuals in banks or financial institutions, may well have legal teams capable of highlighting even the most minor flaw in your argument  that is capable of challenge. So be very careful what you write. Down the road, the bank or its lawyers could take your words and make them your worst enemy.

  2. Use social media to your advantage.

    One thing banks (or even Governments) didn’t factor in after the credit crunch was the phenomenal rise of social media. Use it to your maximum advantage. Get google alerts for the bank you’re complaining about; tweet the articles; look at the people who re-tweet you or who tweet on similar subjects. Add them to your followers on twitter or Facebook. Share information with them. Social media is maybe the most useful tools you have so make the most of it.

  1. Be very tolerant of your family or people who are living in stressful circumstances because of the situation the bank has put you in.

    If ever there is a time you will need your family, it’s when you are fighting a major battle with a bank or corporation with no morals and deep pockets. Even family turmoil is to their advantage as it will stop you focusing on the real battle and cause you immense distress. It’s easy to play the blame game and for families to be at each others throats when every thing goes wrong and you are all stressed. Don’t give banks that pleasure. Close ranks – stick together and think of your family as your army and your support. Sadly, if your battle goes on for years, you may find you lose a few friends along the way because people will get sick of hearing you repeatedly talking about your case. Also, you may no longer be able to afford to do the things you used to do with your friends (restaurants, holidays etc) so you may just drift apart. Even more reason to be very tolerant of your family. They can’t walk away and they are probably living through the nightmare with you.

  2. Don’t be arrogant – leave that to your opponents.

    Anger, outrage or encouragement and support from friends or family can sometimes make you feel you can publicise every tiny breakthrough as a major victory. Don’t go there. You won’t feel so arrogant when two years down the road you’re still struggling and the bank executives are still coining in the millions. It’s tough I know, but leave the arrogance to your opponents. If possible, encourage them to be arrogant in writing or better still to tell blatant lies in writing. Keep your powder dry and your day will come. Also, regardless of how angry you are, try to be dignified and professional in your dealings with the bank (even when they’re not). Banks love it when people come across as highly emotional and slightly erratic. We know of several very good cases where victims have been their own worst enemies and especially in court rooms where judges have little tolerance for unprofessional or aggressive behaviour. It gives credence to the idea you may be unreliable.

  1. Be wary of false promises or men baring gifts.

    Don’t think, because the bank, or the bank’s lawyers, or a regulator or anyone else gives the impression they are suddenly sympathetic to your cause, that you can afford to drop your guard. Nothing is over until it’s over but banks will try to placate you, albeit temporarily, if they have other pressing situations going on which you could, if you were aware of them, make worse. They tend to blow hot and cold according to their own situations but at the end of the day, the protection of their brand and the protection of those people highest up in the chain, is their primary interest. Contrary to what their code of conduct says, some banks are not at all interested in their clients – unless those clients either owe them billions of pounds or can implicate their senior executives in shady dealings.

  2. Be very wary of taking the legal route.

    One thing banks definitely have in their favour is their ability to pay vast sums of (shareholders) money for good legal brains. You, on the other hand, because of your circumstances and unless you go into battle as a multi millionaire (in which instance a bank would almost certainly give you more millions rather than challenge your allegations against them), will possibly be a litigant in person. So going to court against a bank is like being thrown into the lion’s den. Even if you can find a law firm to represent you on a CFA basis (conditional fee agreement) you will always play second fiddle to their paying clients and you really really need to be very careful when choosing your lawyers. Yes, there are good ones out there – but legal firms are not charitable organisations. If you run out of money, many of them run out of advice or sympathy simply because they are also businesses and need to pay their staff. Your catastrophe is yours, not theirs. So don’t expect morality to come into it because in most cases – it’s just business.

    Equally worrying is the new game on the block whereby third party funders will take your case forward because they can see you have a valid case which might bring about lucrative results – but buyer beware, by the time you have paid your legal fees and your third party funders, you could find yourself in a Jaundyce and Jaundyce situation – you fight for years and get nothing. This is why banks love the playing field of the court room. Even without the disturbing proposition that justice is very often in need of Spec Savers these days and some Judges seem ill advised if not illogical, banks know that the Court room is, in general, their play ground not yours – unless it is a criminal trial, But even then you must be wary.

    Having said that, we have won most of our 22 eviction hearings as litigants in person and in some of them we were up against the Vice Chairman of a huge London law firm as well as the banks barristers. So it can be done and we still have our home but we did have the advantage of bundles of evidence we had collected about events originating at HBOS Reading. Not many judges wanted to evict us until that was resolved – although one did.

  1. If you feel yourself becoming seriously depressed, get treatment.

    Remember that depression is a common complaint for whistle blowers or anyone taking on a bank or corporate. This is a subject I’ve heard discussed at length by well known whistle blowers and victims of Corporate fraud and I know many people who have suffered terribly from depression. There is no stigma to falling into depression when a bank has ruined your life – it’s actually very normal. So if you feel yourself going down that route, get help asap (and while we still have the NHS) http://www.depressionuk.org/national_links.shtml and, if you do have treatment, make sure the bank, your MP, your local council, your creditors and any regulators you are writing to, are aware of that treatment and why you are having it.

  1. Don’t give yourself time scales.

    The fact you have conclusive evidence of negligence, misrepresentation of even fraud, means surprisingly little to some banks. Whatever happens to you will not, sadly, stop the senior exec’s, getting their mega pay and bonuses. Therefore, they have no interest or concept of what you are going through but they do know, the longer you go though it, the more likely it is you will give up. However confident you are, never tell yourself this will be over in 3 months, 6 months, a year. We did and here we are 7 years later still going through it. Just keep going. If you are in the right and if you are resilient, then one day it will be over but only when you have worn the bank down as much as they’ve worn you down – or, if you’re really lucky, the authorities will make the bank resolve matters. That can take a while and you will only disappoint yourself and your family if you try to predict that time scale.

  2. Remind yourself on a daily basis that, whatever the bank says, you can win if you don’t give up.

    Most banks don’t have moral stamina, they just have money and lawyers and they change their lawyers as often as you change your socks. They also change their management, their policies and even their CEO’s on a regular basis. Sooner or later and if you are persistent, you may even come across a CEO who has heard of damage management. You never know and neither do I but it could happen and we live in hope?

  3. Weigh up your options.

    Really taking on a bank can take years out of your life which I know to my cost. Even if you win in the end and get some or all of the compensation you want, no one can give you those years back. In the case of Paul and I, we had no choice. The bank destroyed our business and, when we exposed the corruption behind this, they also tried to take our home. We had no option but to keep fighting. Neither would we give in to supposed resolutions that were, in effect, no more than bank housekeeping and of no advantage to us or any other victim of HBOS Reading. So we have kept fighting. That was our decision and one that we and our family have paid heavily for but which we wouldn’t change. We have been defrauded – we are in the right and we will never give up until we have won; or reached a consensual agreement; or, in the event that never happens, have fully exposed every detail of HBOS Reading that we have uncovered. That’s our choice but, for anyone starting out on such a battle, I would say, if you can, mediate, mediate, mediate. You may not get everything you want but never, ever feel guilty for compromising and for not taking our path if there’s a path that gives you and your family a resolution you can live with. You’ve only got the one life and it’s not everyone’s cup of tea to spend years fighting mega wealthy and corrupt organisations.

  4. But if you are determined to win the fight be aware you really are involved in a David v Goliath battle and Goliath is a huge, mean and unprincipled giant!

    So on your darkest days, just remember, “the man who wins is the man who thinks he can.” Tell yourself that over and over everyday and you will win.

If these pointer help even one person, then it has been worth publishing them. I really hope they do!

©Nikki Turner 2015

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.

WBUK at the Cambridge Symposium on Economic Crime.

Last Saturday I had a very interesting time at the Cambridge Symposium on Economic Crime. I was there with other members of a whistle blowers organisation and several of us gave a ten minute speech on our personal whistle blowing experiences in relation to economic crime. I must admit I did feel slightly disadvantaged because the economic crime I know most about (HBOS Reading) is the one thing I couldn’t mention because it’s subject to sub judice until the end of the criminal trials.

I must also admit that while my colleagues were either very eloquent and experienced at giving speeches or had taken the time to write and rehearse their speeches, I kind of hoofed it because the last few weeks have been quite hectic and I could do with 28 hours in every day. So I was very nervous. But I also felt very privileged because the whistle blowers involved with WBUK  are a pretty impressive bunch and some of them are very well known for their extraordinarily brave actions exposing corruption across many sectors.  You can check out some of the members on this page: Members testimonials

Anyway I did manage to make a speech. God knows I don’t need much encouragement to start giving my views on malpractice in the financial system and once I got started I could probably have gone on for hours given half a chance (fortunately for the audience I didn’t have that chance).

What really struck me about yesterday was how shocked and how interested the audience was. They really seemed to appreciate the opportunity to hear ordinary people sharing their experiences.  The rooms for both of the WBUK sessions were pretty much packed and the feedback we got from the audience was incredible. In fact the organiser of the Symposium has invited us back next year to do a whole day in a bigger location because everyone was so keen to hear what we all had to say. And everyone was so complimentary!

I should explain why I found that so extraordinary. We, the whistle blowers, are not at all used to compliments. if anything, we’re used to being disliked for what we do – obviously we are disliked by the people we blow the whistle on but in general the authorities are non too keen on us either. For example, one of our members blew the whistle on very serious corruption in the police force – end result? She was kicked out of the police. Another even more tragic case was in the healthcare sector where the inability of the NHS to listen to a whistle blower who is a senior Paediatrician, later allowed the tragic death of baby P to occur (that 10 minute speech was heart breaking). She also lost her job although she fortunately has it back and is well respected for what she did. Or the  case our Chairman, Colonel Ian Foxley, who blew the whistle on irregular payments between EADS and the Saudi Royals. Not a very popular decision in certain circles: see GPT

I could go on as we have collectively blown the whistle on so many totally corrupt and unethical situations. And in general we have managed to highlight very, very serious issues to the public that in many cases have had positive results. But the result for the whistle blowers has generally been very negative. Many of us have had our lives devastated – people don’t want to employ people who might blow the whistle – most of us have lost either our jobs or our businesses – in the majority of cases whistle blowers have to fight for years before anyone will even listen to them and take the issue they are raising seriously – and while the issues whistle blowers raise are crucial to a just and ethical society,  we are often labelled as trouble makers.

But I realised on Saturday, when people have the opportunity to sit down and listen to our stories, they appreciate what we’ve done and are even astounded by what we’ve done. I could see a reaction by many people in our audience of complete bewilderment and incomprehension that it should be so hard to blow the whistle on situations that are blatantly wrong – not just for individuals but for society. I really felt an enormous amount of empathy for what whistle blowers do. And of course while we do meet each other and speak to whistle blowers on the WBUK help line, we rarely get the chance to collectively meet people who are totally unconnected to the world of whistle blowing.

Unfortunately the Government, with their various enquiries and reports don’t seem quite so keen on us and everyone at WBUK has been very disappointed at the Francis Report or the BIS review of existing legal frameworks for whistle blowers and I am already disappointed in advance of the PRA report of what caused HBOS to fail. But Saturday made me think that maybe, if we can keep raising the profile, it will be the public (even bankers, lawyers,  accountants and even senior officials in the healthcare sector) who will help us make whistle blowing a respected and much needed voice in society. Clearly we just need to spread the word about the good whistle blowers do.

To finish, I would just like to reply to a valid point raised by an accountant in the afternoon session who suggested we (society) needs to look at both sides of the coin – i.e. someone might use whistle blowing to make malicious and unfounded allegations against another person. I didn’t get a chance to reply but let me just say – I have been one of the people manning the phones for the helpline for the last couple of months. I have heard some totally appalling stories and I mean truly shocking, from people who feel they have no option but to join the whistle blowing community. I have also heard stories that weren’t really about whistle blowing but were about personal disputes. Still serious issues but not necessarily whistle blowing. It’s not hard to identify real whistle blowers. And when I’m speaking to people on the phone, my own criteria is – is this person telling me something that will be detrimental to lots of other people if it isn’t exposed?

I would say to anyone questioning the integrity of whistle blowers and here’s the crunch – no person in their right mind would chose to be a whistle blower. No one queue’s up for the job and no one really wants the job. It’s not easy and it’s not a nice job. Sometimes it changes the entire direction of your life. It is a fact many whistle blowers need support to deal with the mental stress and anxiety resultant from their decision to try and do the right thing – and that is a support WBUK tries to give. Nervous breakdowns or depression are common complaints with whistle blowers. But all the disadvantages still doesn’t stop some people blowing the whistle on gross injustice or corruption. Thank God.

Anyway, Saturday was a really positive day for all of us and I am really encouraged to believe that by this time next year we will have an even bigger voice and support for WBUK. And we will be closer to removing the stigma of blowing the whistle. Hopefully we’ll be closer to a situation whereby whistle blowers get the kind of protection that will encourage others to come forward and blow the whistle when they see situations that should and must be flagged up for the good of society. And while my personal experience involves the financial sector, hearing the speeches on Saturday, the thought that has remained with me all week is  – at all cost we must avoid a Baby P situation ever happening again. We need whistle blowers.