Jump to content

James Ducker

Registered Users

Change your profile picture
  • Posts

    3
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Hi AnonBarcap, I'll be at my desk for a while yet finishing some work if you would like to call. Happy to talk over with you. I've had a really useful chat with Aggi as well - thank you Aggi! I'll be arranging a gathering for everyone in this situation shortly so we can share thoughts and experiences. I don't want there to be a hard-sell or fear of turning up so any and all ideas / comments / thoughts welcome. In terms of missing a payment, I'm not a solicitor, but in my opinion the bank should have the loan and hedge tied up either through an ISDA, a TMA (Treasury Master Agreement) or a long form confirmation. At worst they have "implied ISDA" (ie. never got one signed but assume it to be agreed. What these documents in effect do, is tie together the loan and the hedge for breaches and for security - so if you miss a hedge payment they can call a breach on the deal, and "call-in" the security (usually property). This would of course more than likely put the loan in breach etc. etc. I have outlined the hard and fast rules, and in reality the bank may well act differently, but if you can avoid breaches at the moment I would suggest doing so. Each situation is different and each breach different, indeed the security may not be there or may be worth less than the loan - a perverse extra problem for the bank to consider. Due to each case being unique it's difficult to talk generally, but I hope that helps in some way. As these are legal documents I'd also ask for a review from a solicitor with regards to the ISDA etc. Can I ask which firm you are using from the "Google search" - I wrote recently in a blog that there are sharks already in these waters and some are using Google Adwords quite extensively. I wouldn't publish which firms I believe these to be openly, but happy to talk honestly and openly about any and all firms that I know. James
  2. Hi Aggi / all, I am both a commercial business which I know is against the rules, and at the same time I am an individual trying to help in this overall situation. I don't / won't sell my business on here - but this sort of forum is important for everyone to understand and communicate what they are seeing and how they are going about this matter. I trust this will be taken as it should be. In fact much of what I do is look at whether people have a case (from a regulatory / FSA angle) and actively do reject cases that are not "mis-selling." Aggi - were you put under any confidentiality clauses in the settlement through the FOS? There was a case last July that hit the Internet but was retracted after a confidentiality clause - part of the acceptance of more than the £150k that the FOS can legally bind. Cheers James
  3. Hi Aggi, I would love to have a chat if possible? As you may well be aware, I was the first "whistleblower" to leave the banks and admit there is an issue. 2 years of fighting to bring this to light - we may be getting somewhere. I was with the FOS last week and I must say was underwhelmed. Be great to hear your story to help with my clients and my understanding of the FOS system / protocols etc.
×
×
  • Create New...