RE: Lords hearing - cheat sheet fwiw9 Sep 2025 13:08
As I stated last week, this was not the informed Financial Services Committee which raised the specific concerns with the FCA, and which they responded to by letter. You had a collection of relatively ill-informed panel members asking the FCA for education today - and as to be expected, the FCA educated them from their own text book.
Not much to take away from the back and forth, all I heard was the law firms want claims, banks don't want to pay them, the FCA are trying to justify their exisitence and some MP's don't know anything about the topic they are discussing - go figure!
We already knew the FCA intend on imposing a scheme, the question is at this point is making sure it is a scheme which follows legal principle (2007 / pending Clydesdale V FOS DCA elements / SC fact specific tests etc). They will go along with their rehetoric for as long as possible, (remember we are still pre-consultation), until one of the 'uncooperative' banks pushes them into the legal route if they feel they are attempting to impose a scheme without legal legs - then there position will unravel. The lack of comment on the pending Clydesdale V FOS case from the Committee panel today shows the lack of knowledge they actually hold on the topic.
Analysing the FCA tone and wording, they are really pushing the fact that this is the banks best interests to just let this happen. They are publicly softening the consumer payouts to 'hundreds not thousands', playing down the hole matter. They NEED cooperation from the banks because they likely acknowledge that there is risk that they will lose down the legal route. Where this will end up will be upto the banks - if they believe the final scheme is overall enough to stomach to put this debacle behind them then thats what will happen, but if they believe it is too harsh or without merit then it'l end up in the courts - the FCA do not want that. This promotes a balanced and proportionate scheme, which the FCA are banging on about religiously. I also felt that they are leaning toward an opt-in scheme (two comments from the FCA gave the game away a little) - this will likely serve as a sweetener to muster the banks cooperation.
I am unsure what people are actually arguing about on this forum at this point - are there posters here who believe a scheme will not happen? If so, you are most likely mis-informed. A scheme is likely, and it is likely that the provision of £165m CBG has put aside (from the the £450 - 500m war chest) will be sufficient. As a shareholder here, thats your ultimate concern.
All the best.