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FSA in second bid to block retired IFA from suing for harassment

John Calland 190
John Calland

The FSA will next week try to prevent a retired IFA who is suing the regulator for harassment from taking his case to court.

In August 2011, Money Marketing revealed John Calland is suing the FSA under the Protection from Harassment Act 1997, alleging the FSA, the Financial Services Compensation Scheme and the Financial Ombudsman Service worked together to unfairly progress loss assessments and solicit pension complaints from former clients.

Calland, who retired as principal of Calland Insurance and Mortgage Services in December 1997 and is now 73, has been involved in a 10-year battle with the three authorities which has seen the Financial Services Compensation Scheme reprimanded for bullying and the Financial Ombudsman Service reproached for soliciting complaints.

The FSA submitted an application to strike out the case but Exeter county court rejected the application in January.

Deputy district judge Karen Rea said Calland’s case is “better than merely arguable” and that it has “a real prospect of success”.

The regulator appealed against the strike-out decision and a hearing is scheduled for Tuesday 28 November at Bow county court in east London. It is due to start at around 10am.

The FSA declined to comment.

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Comments

There are 38 comments at the moment, we would love to hear your opinion too.

  1. Again we witness the use of financial might and statutory immunity against those unable to deploy vast resources.

    The fact that the FSA is, allegedly, responisble for this guys financial plight makes the whole spectacle sickening.

  2. Good luck John.

  3. Now the FSA, FOS and FSCS have a taste of their own medicine and they don’t like it!!

  4. The LORD works righteousness and justice for all the oppressed.

  5. What was the basis of the FSA’s application for the case to be struck out? That it shouldn’t be forced to answer in court for acting with malice and abusing its position of power? Why not? If it’s confident of the legitimacy of its actions, why should it have any concerns about being required to defend them in a court of law?

    I wish Mr Calland every success in bringing the FSA to book. The only trouble is that if the FSA is given a pasting and ordered to pay compensation it will, as usual, do it with OPM, no individual/s will be held to account and the costs will be lumped onto next year’s budget. Which is why we need an Independent Regulatory Oversight Committee with the unassailable authority to prevent the FSA from doing just that.

  6. Good luck.

    The monster needs taming.

  7. Please God let John succeed something has got to be done

  8. I to am being harassed by the FSA. The circumstances are completely different but they simply don’t care about anyone but themselves!
    It makes you ill. Anyone who is still registered or who is thinking of joining this industry needs their heads examining!

  9. I would refer the honourable gentlemen (and ladies) to the answer I previously given in another place.

    Okay I’ll repeat it here:

    This country is supposed to be a democracy.

    Having a hugely powerful institution without full accountability is undemocratic and is contrary to the British way, as stated by the country’s leaders over so many years.

    I would challenge any politician to actually come out and say that being anti democratic is a good thing.

    It is an abomination.

  10. Nick Said “Anyone who is still registered or who is thinking of joining this industry needs their heads examining!”

    It is not the industry practitioners who need their head examining, it is those individuals within the regulator who need to re-think how they go about regulating the industry.

    If nothing changes in the mindset of these people, then the FCA will conduct matters no differently than the FSA .

    You should always stand up to the bullies, I did when I was at school and got a good pasting once, but I got the individuals responsible for this on their own and returned their violence with extreme prejudice.

    Now that I am older and less able to engage in fisticuffs, the bullies tend to be more officialdom acting inappropriately than physical violence, but they still need to be dealt a severe blow and shown up for what they are, sad, useless bullies.

    Well done John keep it up, go all the way, don’t settle out of court, make them pay. Trouble is, it is actually us who are paying for the regulators malice with the waste of our fees.

  11. Parliament consider the FSA to be staffed by Numpties. Best make them accountable then chaps!

    Perfect example of utterly failed regulation and regulators. They sit on the sidelines not understanding what they have or to do in the event of theft and fraud where client monies are stolen by FSA regulated operators, and then try to set this up as a ‘mis-selling’ and pursue IFA’s when they were defrauded too. Is it any wonder that PI premiums are rocketing.

    The STASI model is utterly bust. I sincerely hope that you win this John.

  12. What sickens me the most is that by default we are all paying the bill for the FSA to take this action against John. It sounds like “open season” on IFA’s. Are there any other industries where clients are actively encouraged to make complaints and claim for compensation? No wonder my PI premiums have shot through the roof.

  13. The FSA is a bully, and wields its power like a spoilt brat who always gets his way.

    I wish you well John and every success, and concludes very quickly.

  14. If the FSA lose and I hope they do, how will they pay for their legal bills, I hope they have their PI cover in place and don’t draw the money from the fee’s paid by ourselves.

  15. The FSA don’t want this to go to court because of the precedent and case law it will create.

    If John wins this case will stand as a defence for us all.

    Go for it John!

  16. To Mr Calland

    It would be a fair thing to say that every reasonable individual involved in this industry is behind you. Good luck Sir!!

    To Money Marketing

    Get down to Bow County Court on the 28th November. If you have contacts in the National Press – get them there as well and exposure to the public at large just what this regulator is like.

    Frankly you will be doing the people of this country a service that eventually they will tank you for.

  17. I feel so sorry for John his retirement is being wasted on trying to get justice. He has served a long carreer and has done nothing wrong his plight must be put through major tabloids to bring FSA, FSCS, & FOS to account. They hound the little man on vast salaries but allow major institutions to get away with financial crime on an unprecedented level. Money Laundering is out of control, Libor rate fixing was known about 6 years ago,RDR is a joke with ordinary people unable to access advice in future,where is it all going to end ! if something is not done soon we wont have a financial services industry. Good luck John .

  18. It is true, that in the event Mr Calland wins his case, we, the regulated will pay all costs and not the wrongdoers. Do we really care about that fact?
    In this instance, no we should not.
    If John wins and on the face of it, he certainly appears to have been singled out for a special type of malice, it will be a good thing for all of us.
    Julian Stevens asks what the basis of the FSAs, appeal is. Apparently, they believe it was ok for them to act in this manner as part of “their wide ranging powers” and as such Mr Calland has no basis for appeal, in other words, they have no idea why he is complaining about his treatment

    Abu Hamza & Abu Qutada have been given more courtesy and human rights consideration than Mr Calland, whom the FSA have yet to prove did anything wrong.
    Do we hear Rita Chakrabatti open her mouth in protest?

  19. I just hope Mr Calland wins out and the FSA are made to pay punitive damages. I hate to think of the stress the FSA has caused him, and the probable reduction in the poor chap’s life expectancy

  20. They hound this guy for years yet in the case of advisers who traded as limited companies they simply allowed them to close the doors and state that the company does not exist any more. Clients with complaints are then informed by the FSA that they should complain to FOS and the rest of us have to pay for the compensation. Good luck John.

  21. My wife and I would like to express our sincere thanks and appreciation for all your supportive comments, and would invite anybody who can to attend Bow County Court next Tuesday (10 am start).

    Thanks again everyone.

  22. You and your wife are welcome John.
    You do have a lot of support but I cannot help thinking that the damage has been done. I believe the stress and anxiety not to mention the near destruction of your son and his family, which you and your wife must have been sorry to witness, can never be put right.
    Having said this you deserve to be vindicated and the fsa deserves a bloody nose.
    We will be watching the outcome very carefully.

  23. It is amazing that so many of us sympathise with John and feel that we have to do so on an anonymous basis.

    I never cease to be astonished in my dealings with the guys and gals at the FSA – some of them are so vindictive it beggars belief.

    Although the odd person is actually human, but they are few and far between…..

  24. All the best John and good luck.

    I am a sole trader just like yourself and have decided to close my business after 26 yrs in the industry. The bureaucracy and cost got to me in the end.

  25. It is fabulously ironic that Lord Turner sits over the FSA and all the scandal and all they have to show for regulation appears to be this disgusting spectacle.

    This is the man who wants to be the next Governor of the Bank of England? You couldn’t regulate properly, so you bully OAP’s and ……

  26. Kourosh Manoucheri 23rd November 2012 at 4:05 pm

    Good luck John , you have the goodwill of a lot of people behind you .

  27. I wish John all the best, Gordon Brown has a lot to answer for in unleashing this unaccountable monster on us!! I have forwarded this article onto my MP and recommend that others do also as they are probably not aware of how much pain they cause!!!

  28. What annoys me most is the attogance of FSA officials who feel they are sbove the law, Well, let it be shouted loud and clear, they are NOT

    Meanwhile, “bravo” to Exeter deputy district judge Karen Rea in rejecting the attempts to have John.s case against the FSA removed

  29. Good Luck John. I admire your energy and motivation.

  30. I wish I could give him this paperwork.

  31. Julian Stevens – what about a Directors and Officers claim against the individuals at the FSA responsible for this travesty? They have some immunity, but it isn’t absolute is it?

    And what about Mr Cameron’s promise to sort out the FSA? Is changing the name over the door and giving the BoE responsibility for banks all? Not bloody much!

  32. FSA cant be trusted,wait to you see the next Financial product they’ve allowed to come to the market which allows another major player to secutitise its risk away.

  33. How did it go this morning John?

  34. Thanks to John, I started my first job with him in the 1980’s. I am sorry that he has been hounded and hope he wins his case, good luck John

  35. The FSA’s second strike out appeal was heard yesterday at last (after being adjourned twice since April), and although the judge initially said he would give his judgement by the end of day that did not happen. There was a lot for the judge to take in and he said he would need to think about it, and that it “might take some time”. The two barristers (Javan Herberg for FSA and Hugh Tomlinson for me) gave downright contradictory versions of what had happened over the past 10 years, so it’s just a question of who the judge believes when he investigates and considers it all. We are of course confident that the paperwork supports Hugh Tomlinson’s version of events, and that this judge will be as thorough as the last one at the previous strike out appeal.

    Hi to Martin De Hoest (above) – I hope the industry has been good to you over the years since your first job in the 80s, Martin, and I hope your taste in ties has improved! Seriously though – thank you for your good wishes.

  36. Thanks John
    Hope you get the result you deserve. Keep us posted and all the best.

  37. John

    Thanks for the update and I hope this is resolved quickly and positively.

    Please keep us posted as there are many out there who support you.

    Best wishes.

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