Our ref: FOI0820 Dear crfx 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: "… a copy of FSA's letter of 26 July to The Master of the Rolls recommending that claims be stayed." Following a search of our paper and electronic records I am writing to tell you that we do not hold the information you are seeking. The FSA has never written to the Master of Rolls recommending that claims be stayed. Yours sincerely Roisin Traynor Information Access Team Financial Services Authority Direct line: 020 7066 9832 Local fax: 020 7066 1051 Email: foi@fsa.gov.uk
----- Original Message -----
From: crfx
To: Freedom of Information Financial Services Authority
Sent: Wednesday, November 21, 2007 11:20 AM
Subject: Re: Freedom of Information - Right to Know
Dear Ms Traynor
Thank you for your e-mail of 21 November.
In it you claim that the FSA has never written to the Master of the Rolls recommending that claims be stayed but I am not convinced that this the case.
On my instruction, law firm Finers Stephens Innocent have approached the Master of the Rolls for a copy of the letter and their correspondence to date does not include a denial of its existence.
But regardless of this, as the FSA has clearly stated ''This action means that, until the test case is resolved, any bank or building society that applies for the waiver will not be required to handle complaints relating to unauthorised overdraft charges within the time limits set out in the FSA rules. The Financial Ombudsman Service (FOS) has adopted a similar approach and the county courts are expected to follow'' it would follow that the FSA would have had some communication with the Master of the Rolls or at least a senior representative of the judiciary to have formed this opinion.
Therefore I would like to amend my FoIA request to: Please supply me with all correspondence between the FSA and any area of the judiciary that contributed to the FSA's view that county courts were expected to stay cases.
Yours sincerely
crfx