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FSA waiver monitoring

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  • FSA waiver monitoring

    Freedom of Information: Right to know request

    Thank you for your request under the Freedom of Information Act 2000 (the Act), for the following information:
    “I would like to narrow down the focus of the request for complaints with a time frame of August 2008 to date which covers the period when the element of Financial Hardship was clearly made within the FSA Waiver on Bank Charges”.
    The Act requires us to comply with a request, unless it would be too expensive to do so, as estimated in accordance with the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 made by the Department of Constitutional Affairs (now Ministry of Justice). The regulations provide that, for the Financial Services Authority (FSA), the cost limit is £450 i.e. 18 hours at the rate of £25 per person per hour. The regulations allow us to take into account when estimating the cost of complying with a request, time spent determining whether we hold the information requested; locating and retrieving it and extracting the information from the relevant document(s).
    In this case we are not able to provide you with the information you have requested, within the cost limit as described above. To expand on our previous response to your request number FOI1245, we receive information from consumers in various ways, not always in the form of an official ‘complaint’. This information could therefore be recorded in a number of different ways, depending on the subject matter. This information may then need to be reviewed by one of the supervisory teams responsible for the 28 firms who adopted the waiver, or the FSA’s bank charges project team, to determine the action to be taken as a result of the information received. The information we hold is held individually, either by one of the 28 firm supervisory teams or the bank charges project team, and is therefore not recorded centrally. This means that in order to meet your request, we would need to conduct a search of all the relevant files in each of those areas, to collate the information and provide it to you.

    As the information you have requested is spread across these files, in order to answer your request, we would need to review and assess all of these files. On that basis, we estimate that the cost of retrieving the information you have requested, and editing it to take out irrelevant information would exceed the £450 limit. As our policy is not to divert our resources from our regulatory functions in order to meet requests under the Act in excess of the cost limit, we will not carry out an exercise to identify the information you have requested.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

  • #2
    Re: FSA waiver monitoring

    What regulatory functions they aren't doing anything. The excuse is nonsense Are they telling us they cant send an interanl email asking each of the 28 staff how many compliants they have received re the waiver & hardship ******** what next the other useless regulator I suppose the ICO - also what are they hiding

    Comment


    • #3
      Re: FSA waiver monitoring

      Exactly. Monitoring the waiver cannot be done successfully if no one knows what complaints or how many they have had regarding breaches of it by the firms.

      Also worrying is the information they gave in their letter of 19th March (and the covering response to the FOI request) saying that if firms feel they have breached the waiver to let the FSA know... errrr good monitoring !
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: FSA waiver monitoring

        I'd be tempted to whack in another FoIA request asking just how they colate information on breaches of the waiver for when they conduct reviews and in their ongoing monitoring of the conditions.

        Comment


        • #5
          Re: FSA waiver monitoring

          This is just proving how really onesided the waiver is and how 'matter of fact' it is being taken by the people who implemented it.

          Comment


          • #6
            Re: FSA waiver monitoring

            Do it EXE - As you suggest send another FoI request & confirm whether they respond or not you intend to publish the corre in the media, after all there's nowt to lose is there
            ------------------------------- merged -------------------------------
            You could also point out that they do appear to be failing to monitor the waiver or at least take any action against defaulters as it appears that many consumers are complaining about the banks who refuse to consider their hardship claims despite many of these consumers being on benefits
            Last edited by righty; 21st June 2009, 13:03:PM. Reason: Automerged Doublepost

            Comment


            • #7
              Re: FSA waiver monitoring

              An FOI request is already there and I suspect I will get another reference number and another 20 days. So far it has taken almost 3 months just to get it down to this point. I have sent back a further FOI request on something and once I get a response I can get it to Amethyst then. The FOI process is quite tortuous already.

              Comment


              • #8
                Re: FSA waiver monitoring

                Nattie it's only tortuous because the FSA don't want to reveal their complicity in this charade & their oh so obvious 'do nothing to protect us plebs' policy

                Comment


                • #9
                  Re: FSA waiver monitoring

                  Originally posted by righty View Post
                  Nattie it's only tortuous because the FSA don't want to reveal their complicity in this charade & their oh so obvious 'do nothing to protect us plebs' policy
                  I tend to agree with you. I expected that it would be monitored centrally and that they would provide some very good information, perhaps, even say that they had received only a handful of complaints. At the moment, it seems as though the way they monitor the waiver is quite haphazard which I find quite distasteful. It is alarming.

                  Comment


                  • #10
                    Re: FSA waiver monitoring

                    Originally posted by EXC View Post
                    I'd be tempted to whack in another FoIA request asking just how they colate information on breaches of the waiver for when they conduct reviews and in their ongoing monitoring of the conditions.
                    We have asked and the question was answered by the reply below, we've put another in asking for the infor from just the ''bank charges team''.

                    The FSa are letting themselves (well, us) down - FOI is a pain in the bum as they'll only answer the exact question you ask - if you ask as a general query you get the rubbish stock phrases reserved for the general public press releases. they're supposed to give guidance how to cut down your requests too if they take it over the limit, but they try and do it so subtley with word play it takes three attempts to get there.

                    complaints ABOUT the waiver you can get figures for - as they are complaints ABOUT the FSA. complaints to the FSA about firms breaching the waiver and any enforcement/monitoring action being taken - another matter. We also have another FOI in for their last 'thematic review' of the waiver. ONE of them will have to come off.

                    NOW - the hearing next week is a good time to get some press/pressure on the FSA to get things sorted (BEFORE the next review 27 July). Nats has some good comms going with regards hardship with them so think we should try get stuff together written up and do a PR / Tools suggested an open letter to the FSA/OFT (much in the vein suggested) and cc it to the papers. He's been away the weekend tho so we havent had much opportunity to discuss things, so yep indeed any input would be very very very welcome.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: FSA waiver monitoring

                      The reason they are NOT monitoring is because they WOULD have something to report & they know that, as we well understand, that monitoring would show that firms are ignoring most hardship claims

                      Classic version of the 3 blind monkeys - Hear nowt, say nowt & above all do nowt

                      Comment


                      • #12
                        Re: FSA waiver monitoring

                        Have you thought of sending them a nice simple open letter from LB asking them for their assurance that they will look at the issues we have with the current waiver conditions listed?




                        Originally posted by Amethyst View Post
                        We have asked and the question was answered by the reply below, we've put another in asking for the infor from just the ''bank charges team''.

                        The FSa are letting themselves (well, us) down - FOI is a pain in the bum as they'll only answer the exact question you ask - if you ask as a general query you get the rubbish stock phrases reserved for the general public press releases. they're supposed to give guidance how to cut down your requests too if they take it over the limit, but they try and do it so subtley with word play it takes three attempts to get there.

                        complaints ABOUT the waiver you can get figures for - as they are complaints ABOUT the FSA. complaints to the FSA about firms breaching the waiver and any enforcement/monitoring action being taken - another matter. We also have another FOI in for their last 'thematic review' of the waiver. ONE of them will have to come off.

                        NOW - the hearing next week is a good time to get some press/pressure on the FSA to get things sorted (BEFORE the next review 27 July). Nats has some good comms going with regards hardship with them so think we should try get stuff together written up and do a PR / Tools suggested an open letter to the FSA/OFT (much in the vein suggested) and cc it to the papers. He's been away the weekend tho so we havent had much opportunity to discuss things, so yep indeed any input would be very very very welcome.

                        Comment


                        • #13
                          Re: FSA waiver monitoring

                          Good idea. Have probably been a little narky with them to be honest. You want to write something ?
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: FSA waiver monitoring

                            Is it worth a submission based on the FSA Waiver itself and possible additions/amendments for the next waiver? Maybe issue of disputed debts. Income and expenditure forms, specific guidance to consumers on the waiver re priority debt arrears. etc etc. or maybe that is too specific.
                            Maybe example of income and expenditure form could be added to waiver, ie moneyadvicetrust CFS.

                            Comment


                            • #15
                              Re: FSA waiver monitoring

                              Good idea Nattie - added evidence from an unimpeachable sources, such as CAB, would be sufficient to trigger a hardship settlement without strings of further ado

                              This would have an added bonus in that the banks would have to take CAB & others much more seriously in other related matters knowing that CAB had some control over the current charges situation

                              It's just occurred to me that if taken up (I why not if there's nothing to hide) CAB & others would be a reliable source of monitoring the banks to see if they are complying with the waiver terms
                              Last edited by righty; 22nd June 2009, 09:27:AM.

                              Comment

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