Dispute Resolution Blog

Two Bites at the Cherry? Posted on Feb 12, 2013 by Liina Tulk  | 0 Comments By Liina Tulk,INTRODUCTIONThe English High Court recently handed down a significant decision in Clark and another v In Focus Asset Management & Tax Solutions Ltdwhich confirmed that the Financial Services and Markets Act 2000 (“FSMA”) did not preclude individuals and SMEs who have accepted a Financial Ombudsman Serviceaward of compensation (current maximum award is £150,000) from raising a Court action for the balance of their losses. FOS AWARDThe case concerned a complaint by individuals, Mr & Mrs Clark (“the Clarks”), they had already accepted a favourable decision by...

Why You Should Have Legal Representation At A Fact Finding Meeting Posted on Jul 29, 2013 by Liina Tulk  | Tags: FCA, Fact Finding Meeting, Testimony Gatherer, swap, bully banks  | 0 Comments This post follows on in a series of blog posts explaining the role of fact finding meetings in the context of interest rate swaps and what takes place during a fact finding meeting.Role Of The Testimony GathererMBM has learned from attending Fact Finding Meetings that part of the Testimony Gatherer’s job is to ask questions of the customer with the aim of finding weaknesses in their mis-selling claim. The...

FCA Review Fact Finding – Meetings v Submissions Posted on Aug 27, 2013 by Liana Park  | Tags: FCA  | 0 Comments By Liana Park, Solicitor, Dispute ResolutionINTRODUCTIONAfter a long wait, the FCA Review of interest rate hedging products (IHRPs) is finally under way, which means that bank customers now face a tricky decision on how to approach the “fact finding” stage of the review. This is a critical stage in the process and any complacency on the part of the customers could result in an unsatisfactory outcome. The phrase that should be heeded is the classic 'failing to prepare is preparing to...

Can companies in liquidation take part in the FCA Review Process? Posted on Aug 02, 2013 by  | 0 Comments The announcement a year ago that the then-FSA (now FCA) was launching a review into the misselling of swaps was a pivotal moment, bringing hope to many. However, for some companies, it came too late, with the burden of the swap payments  having tipped them into insolvency.  For many it has proved well nigh impossible to get the liquidator or insolvency practitioner (often appointed by the bank) to take any interest in the FCA review process. Even if your IP is...

Is your swap claim time-barred? Posted on Apr 17, 2013 by Cat Maclean  | 0 Comments IS YOUR SWAP CLAIM TIME-BARRED?If you have a claim for misselling of a swap or derlivative product, and you meet the eligibility criteria for the FSA review, you should be able to participate in the review process so long as your swap was entered into on or after 1st December 2001.However, quite separately from the time limits in the review process is the question of whether or not you are within time to raise court proceedings.  Why would you want to do so if you...