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SVS Securities - shut down?

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  • Sheris
    Sheris Posts: 208 Forumite
    100 Posts Second Anniversary Name Dropper
    RasputinB said:
    pafpcg said:
    Have those that are complaining about LC's choices forgotten what the role of the administrator is in the liquidation of a company?  The primary objective is to maximise the return for the creditors of the liquidated company ...
    The following is from the court judgement of Mr Justice Miles - "Regulation 10 provides that a special administrator has three special administration objectives. Objective 1 is to ensure the return of client assets as soon as is reasonably practicable".
    Totally correct with your statement and the FCA gave the authorization for ITI.
    The FCA have the responsibility to the clients in the first case, the chosen few that where on the administers committee is very alarming to say the lease with there selection.          
  • johnburman
    johnburman Posts: 727 Forumite
    Part of the Furniture 500 Posts
    I wonder if LC did or were under a duty to do diligence on iti prior to the sale to them of the 18k SVS clients once the FCA didn't object to the deal? Yes iti were regulated by the FCA and had the cash, but they didn't have the staff or systems to deal with the new XO clients. Who checked up on that? 
  • Did anyone else manage to get a REPORT ON OPERATIONS AND TRANSACTIONS from ITI?  
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
     but they didn't have the staff or systems to deal with the new XO clients. Who checked up on that? 
    In the midst of Covid difficult to see any broking operation having the staff resources. They could of course done nothing, instead waited until the pandemic passed and lockdown was lifted. 
  • Sheris
    Sheris Posts: 208 Forumite
    100 Posts Second Anniversary Name Dropper
     but they didn't have the staff or systems to deal with the new XO clients. Who checked up on that? 
    In the midst of Covid difficult to see any broking operation having the staff resources. They could of course done nothing, instead waited until the pandemic passed and lockdown was lifted. 
    Other brokers had no major problems and the London Stock Exchange had no major issues.
    ITI continued as they started doing nothing and still in progress.  
  • RasputinB
    RasputinB Posts: 317 Forumite
    Third Anniversary 100 Posts Name Dropper
    Having been involved with dealing with ITI and having had first hand experience of their slapdash accounting systems I don't think the Covid excuse helps them much. Remember too that even the FCA has taken some action by stopping ITI from taking on further new clients. Has the FCA done that with any, or many, other broking operation having trouble with staff resources due to Covid?
    Whilst LC may not have had a legal responsibility to assist ITI with staff beyond the date stipulated in the court document I believe they could have done a lot to help alleviate our problems but chose not to. If you do some research I am sure that you will find that LC had capable SVS administration staff available (they are now redundant).
  • RasputinB
    RasputinB Posts: 317 Forumite
    Third Anniversary 100 Posts Name Dropper
    Many of us have raised complaints with the FOS and I have noticed that at least one of their ombudsman regularly states that "I must take into account the relevant law, regulation and best industry practice, but I’m not bound by this."
    It seems strange to me that an ombudsman can choose to disregard law and regulation when reaching his decisions.
    Comments please!
  • eskbanker
    eskbanker Posts: 37,393 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    RasputinB said:
    Many of us have raised complaints with the FOS and I have noticed that at least one of their ombudsman regularly states that "I must take into account the relevant law, regulation and best industry practice, but I’m not bound by this."
    It seems strange to me that an ombudsman can choose to disregard law and regulation when reaching his decisions.
    Comments please!
    The way I've always understood that stance is that FOS don't only expect institutions to act in accordance with the law but also best practice, fairness, etc, i.e. not disregarding law and regulation but adding to it.  I'd have thought that this would typically be in the consumer's favour, are there examples you're thinking of where it goes the other way?
  • RasputinB
    RasputinB Posts: 317 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 16 March 2021 at 9:02PM
    eskbanker said:
    RasputinB said:
    ombudsman regularly states that "I must take into account [ ] best industry practice, but I’m not bound by this."
    The way I've always understood that stance is that FOS don't only expect institutions to act in accordance with the law but also best practice, fairness, etc, i.e. not disregarding law and regulation but adding to it....
    Thank you for your response. So you think the ombudsman means he is not limited to best industry practice but can decide that the company should do even better?
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