FSCS - time to go to war?

Thumbnail image for Thumbnail image for Thumbnail image for Emmanuel KenningSo I ask, is it time for a court case? Has diplomacy failed and is it time to wield the big stick with a class action?

Just in case you've been living on the moon for the past month you may not be aware that your Financial Services Compensation Scheme levy is going up again. By 50%. On top of the maybe nine fold increase you saw last year.

Did you sell any payment protection insurance products? If not, then why are you paying for the compensation which victims - quite rightly in my opinion - are getting when they were mis-sold it by someone else?

If you bought a faulty can of beans from supermarket A (insert your own name here) and it went bust, would you expect any success when you rolled up to supermarket B (see brackets above) and demanded a refund?

As you've guessed I'm no lawyer and I freely admit I'm asking you the question in my blog. But is there any standing in our law which says they have to? Starting to sound familiar to your situation?

Seriously, please email me the legal quote.


George Orwell once said sport is war without the shooting. And I think a sporting court case gives us all pause for thought.

In 1990 a certain Mr Bosman wanted a transfer from his football club in Liege to Dunkerque. He didn't get it. He was told the law meant he wasn't entitled to one.

So he went to court and said, that's your interpretation, now prove it.

I accept it took five long years and arguably he didn't benefit. But he won.

This is not the place for debating if the victory benefited rich footballers and made them richer or any other matters, all of which I'm happy to discuss over a pint of Guinness anytime you fancy.

The point is he won, and things changed.

Who knows what it would cost financially for you to do the same. Pick a number any number, let's say £500 each.

And make no mistake there would be costs greater than financial. Governments and regulators are hardly likely to become your best friends over night when you drag them to court.

It is not my place to say a class action is the way forwards. There are many strengths to diplomacy and to be fair you might lose.

But it is my right to pose the question.

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