This event has now taken place but you can watch the video recording of it through our Youtube Channel, get to it by clicking the button below
When
Thursday, April 1st from 6pm to 8pm UK timeWhere
Online symposium via Zoom.Format
There'll be a great line-up of speakers plus ample scope for discussion and debate.Why you should attend
In 2012, after sustained lobbying of MPs and campaigning in the press by individual victims and support groups and stakeholders, the Financial Services Authority (pre FCA) revealed its preliminary investigation into this huge scandal had discovered there was hard evidence to strongly demonstrate that high street banks had not observed the applicable Rules when selling well over 30,000 Interest Rate Hedging Products (IRHPs) to over 30,000 small and medium-sized British businesses.
The FSA also revealed that a further 100,000+ UK SMEs might also be negatively affected by IRHPs as a result of banks selling them Tailored Business Loans (TBL).
At the time, conservative estimates were that redress and compensation would cost the banks well in excess of £10 Billion.
However, after notable lobbying by the banks and interventions by HM Treasury Ministers to introduce what many think of as wholly inappropriate ‘sophistication’ criteria and classifications, the subsequent FCA Review & Redress Scheme resulted in less than £3Bn in awards. Obviously, this has been a “highly controversial” matter ever since – there’s a rather large difference between £10 Billion and £3 Billion.
Essentially, the key issue is whether those that haven’t been properly compensated have been treated unfairly; and if so who’s to blame.
Our symposium on Thursday is all about shining the bright light of truth and evidence on that question. We intend to expose the truth about the Interest Rate Hedging Investment scandal, the underlying fraud of hidden / undisclosed margin credit facilities and other very serious issues including inappropriate “mark to market” accounting.
Perhaps the most potent questions we’ll be delving into are:
- Is there hard evidence of balance sheet fraud?
- Is there hard evidence of catastrophic regulatory failure?
- Is there hard evidence of regulatory negligence?
- Is there hard evidence of an attempted cover-up?
Commentary will also be made on the expert evidence submitted to John Swift QC and what his pending investigation and report on the critically flawed FCA Scheme might reveal and mean for the FCA and indeed the Financial Ombudsman Service.
We’ll also be shining the bright light of truth and evidence on other issues impacting thousands of UK SMEs and businesses who have experienced matters such as:
- Inexplicable problems or defaults on their credit files and rating
- Extremely challenging issues with Insolvency Practitioners and Land and Property Act Receiver
- The sale of Tailored Business Loans
We’ll even be seeking to get to grips with the harms caused by:
- The shockingly scandalous workings of the RBS Global Restructuring Group “abattoir”
- The arguably even more shockingly scandalous Lloyd’s Business Support Unit
- The other misleadingly named business banking ‘support / special measures / restructuring / recovery’ units.
Here's the programme and timings so far...
—————————————-6:00pm BST—————————————-
Welcome to the symposium, introductions and initial exploration of the main issues; by
Andy Agathangelou
Founder, Transparency Task Force; Governor, Pensions Policy Institute; Chair, Secretariat Committee, APPG on Pension Scams; Chair, Secretariat Committee, APPG on Personal Banking and Fairer Financial Services
—————————————-6:15pm BST—————————————-
Presentation #1, for 5 minutes
Andrew Candy
Owner, Tentacle
—————————————-6:20pm BST—————————————-
Presentation #2, for 15 minutes + 5 minutes Q&A/Discussion by
Steve Middleton
Chief Adviser, BankConfidential
—————————————-6:40pm BST—————————————-
Presentation #3, for 10 minutes + 5 minutes Q&A/Discussion by
Paul Carlier
FX, Financial Markets & Banking Consultancy
—————————————-6:55pm BST—————————————-
Presentation #4, for 10 minutes + 5 minutes Q&A/Discussion by
Dave Glynn
—————————————-7:10pm BST—————————————-
Presentation #5, for 10 minutes + 5 minutes Q&A/Discussion by
Hester Bais & Maartje van der Beek
Bais Legal
—————————————-7:25pm BST—————————————-
The “Just a minute”-round
Inspired by the BBC Radio 4 programme, we have asked a selection of our attendees to spend just a minute sharing their thoughts on what has been covered during the symposium. But unlike the Radio 4 programme our speakers won’t be penalised for hesitation, repetition or deviation!
Speakers:
Peter Crowley
MD, Windsor Actuarial;
Author, “The Whole Truth: How Banks Weaponised Lending, Accountants Monetised Ignorance, and we ended up in a Sub 1% Economy”
Craig Beevers
Clive May
Director, Briar Grove Developments Ltd
Andy Verity
BBC Economic Correspondent, Panorama Producer
—————————————-7:30pm BST—————————————-
General discussion and Q&A, 25 minutes
—————————————-7:55pm BST—————————————-
Final conclusions; and suggested next steps and close to the formal proceedings.
However, for those that want it…
8:00pm BST until 108:30pm BST
….informal, unstructured networking and informal conversation; a “fireside chat”
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*The programme will continuously evolve so is subject to change.
Andrew Candy
Owner, Tentacle
Andrew Candy has worked in creative and strategic roles across the design, branding and marketing sectors for over 25 years. He is currently the owner and creative director of [tentacle]: a previously successful design, branding and marketing agency; and [mine]: a cooperative art, craft and design gallery & shop.
The demise of his business over the past decade was irrefutably brought about by the proven “mis-selling” of a catastrophically damaging Interest Rate Hedging Product with undisclosed / hidden margin credit facilities and risks by HSBC in 2008. Since 2009 Andrew has been battling for justice, fair treatment and restitution for himself and fellow IRHP victims by bringing his evidence and legitimate complaints to the highest levels of HSBC UK Bank plc, including within the past year under whistleblower governance and the auspices of the bank’s CEO Ian Stuart.
Unfortunately as a result of HSBC’s historic and demonstrable negligence and gross misconduct, Andrew has also had the distinct displeasure to have been forced to engage in the further damaging and time consuming process of bringing his legitimate complaints these past 10 years to: the Financial Ombudsman Service & its Independent Assessor; the Financial Services Authority & its Supervision and Enforcement Teams; Action Fraud / City of London Police and The Metropolitan Police Financial Crime Unit; the critically flawed Financial Conduct Authority IRHP Review & Redress Scheme; the former FCA CEO Andrew Bailey; and the former FCA Complaints Commissioner Anthony Townsend.
“The unprofessional, negligent and disruptive behaviour of staff with whom I’ve engaged at every level within these organisations has been a truly shocking and traumatic experience, and sadly one I share with hundreds of thousands of UK SMEs. This is a damning indictment of the way banks and regulators and the establishment treat small and medium business owners – especially those seeking full and proper restitution for proven mis-selling by the UK Financial & Banking sector. The damage this causes to the wider UK economy is staggering. It cannot be allowed to continue and needs to be urgently addressed and resolved.”
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Steve Middleton
Director, Bank Confidential
Steve Middleton is a financial adviser who spent 25 years specialising in the high net worth, corporate markets and commercial finance for property development. When the Financial crisis started in 2007 and Banks took aggressive stances against customers, he worked successfully to save many companies from administration and insolvency particularly with the RBS Global Restructuring Group (GRG) by combining knowledge of the Financial Service Authority’s (FSA) Rules along with unique complaints processes. In 2014 he repeatedly reported the malpractices of the Banks in relation to Interest Rate Hedging Products (IRHP) and the illicit use of undeclared credit lines to the FCA Executive, highlighting the fact that the FCA’s IRHP Review process design was not compliant with their own Rules and that this was costing SME’s in the UK Billions in financial redress.
Steve went on to work with law firms, Chambers and claims firms advising them on the application of the FCA’s Rules and statutory rights, helping SME’s recover tens of Millions in redress and was a founder member of the not for profit support organisation for small businesses the SME Alliance in 2014.
Realising the gap for technical support for whistle-blowers like Mark Wright and himself, he went on to work with Mark to set up BankConfidential, a not for profit support service for bank whistle-blowers. BankConfidential’s collaboration with whistle-blowers and journalists have led to numerous disclosure’s in the press including articles and programmes on the BBC, in the Times, Independent, Mail on Sunday, Thompson Reuters, Mail on Sunday Scotland etc. with expose’s such as signature forgery training at RBS, credit file fabrication in bank court disclosure, undisclosed credit lines leading to SME’s insolvency, financial reviews being rigged to withhold consumer redress, regulatory cover up of Market Abuse and how the intentional distressing of bank customers had led to illicit profits for the banks.
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Paul Carlier
FX, Financial Markets & Banking Consultancy
Paul worked as a trader for many of the world’s largest banks between 1987 and 2015, including Citibank, Chemical Bank, Lehman Brothers, Natwest, SBC, UBS (twice) and Lloyds Bank. He blew the whistle on significant wrongdoing whilst at UBS in 2011 and during his two year employment with Lloyds paying the price with his job on both occasions.
Since winning unfair dismissal against Lloyds at the Employment Tribunal, Paul has devoted his time to establishing businesses and highly skilled & experienced teams that provide litigation support services to law firms and businesses involved in large bank or financial markets litigation, helping expose flaws & disturbing failings within the whistleblower ‘process’ in the UK, and helping victims on a pro-bono basis that have been failed by their bank, the FCA and/or the Financial Ombudsman Service.
“I am fortunate to be able to work daily with so many highly experienced and like-minded associates, and to have helped secure over $5bio in settlements for claimants across the globe in multiple asset classes. However, it’s the £3.5mio in compensation that I have helped secure for over 500 victims on various complaints, on a pro bono basis, that is most satisfying.”
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Dave Glynn
Dave’s career was spent mostly in international investment banking advising on, negotiating and completing a range transactions across a variety of jurisdictions, cultures and language for “household names” such as Sodexho, Bongrain, Thyssen Bornemisza & SocGen as well as a number of SMEs.
He has held various senior positions including Head of Corporate Finance & CEO.
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Hester Bais & Maartje Van Der Beek
BAIS Legal was founded in 2010 by Hester Bais. Before 2010, Hester worked as legal advisor and compliance/supervision officer (specialised in securities- and derivatives trading, clearing and settlement) for ING Bank, the Dutch regulator AFM, Euronext Amsterdam, LCH.Clearnet and Euroclear.
In 2017, Maartje van der Beek joined BAIS Legal as co-owner. Maartje has over ten years of experience with finance related matters and collateral management in the capacity of both lawyer and bankruptcy trustee.
BAIS Legal is specialised in complex legal issues related to financial (supervision) law, finance and collateral management. In 2012 BAIS Legal started its first litigation in respect of the additional “liquidity costs” charged by ING as a result of an interest rate swap . Our client won that case in 2017 (intermediate verdict in 2015) at the Higher Court and in October 2019 at the Supreme Court. The negative consequences of the hidden liquidity risk were recognized by both courts: it was considered plausible that this liquidity risk, which existed as result of the daily monitoring of the market-to-market value and the unclear margin requirements, had led to a rise of the interest rates. The swap was nullified on the basis of this error.
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