-----Original Message----- From: Alasdair Sampson [mailto:ASampsonDrummond-Miller.co.uk] Sent: 20 September 2005 12:46 To: Administratorassistec.co.uk Subject: WHERE ARE WE GOING? TO WAR? WITH WHOM, ABOUT WHAT?

I have listened to IFAs over the last 18 months or so and read much of what has been published on the net etc and it appears to me that IFAs have lost sight of the single most important issue which, if successfully prosecuted by IFAs, would transform your whole world at a single stroke.

There is no right of appeal from the FOS decisions - there are therefore no checks or balances againts the use, misuse or abuse of its enormously wide discretion in terms of S228 of FSMA 2000.

If there were an appellate body which was truly independent of FOS, and FSA, to which an IFA aggrieved at the FOS adjudication could appeal quickly and cheaply, and with power to sanction the FOS and perhaps the complainer in cases which it overturned, then the FOS would immediately improve in its evidence gathering, assessment and decision making. No public body would like to be held up to ridicule as it inevitably would be in the press if its decisions were appealed en masse and it was found to be wanting.

I would have thought that the campaign's objectives could therefore be simplified to 3 specific non-personalised issues:

1 Reform of the regulatory system under FSMA 2000/the DISP:

a to require Fos to apply legal principles - eg regarding the quality of evidence - concistently. This would require a repeal of Section 228 which gives FOS carte blanche to do what it likes.

b To require the FOS to adhere to its own rules eg regarding time limits for referral of complaints

c To require the FOS to apply the law as it exists

d To require FOS to make available decided complaints in full - it happens in all civi courts so why should that not happen here?

e To create an independent appellate body to whom both complainers and IFAs could appeal - such body would inlcude personnel from both the IFA and legal professions who are of proven experience and ability

f To provide for IFAs to recover the case fee from FOS in cases where the appellate body overturns the adjudication

g to make complainers liable for the IFAs costs in the event that either the FOS or the appellate body decides the complaint is frivolous or vexatious (but not for bona fide complaints which are rejected)but to make FOS liable for expenses in all cases overturned by the appellate body.

h A power, if not a duty, on the FOS and thew appellate body to report to the police instances of suspected attempted fraud by the application of false evidence.

2 ECHR - Amend the FMSA 2000 to state cleraly that the FOS and the regulatory system are as subject to the European Convention of Human Rights as is any other public body and any other public Act. See THIS

3 Freedom of Information - To amend the Freedom of Information Act to ensure that the FOS is subject to disclosure and that the fees charged are reasonable for doing so.

By identifying and focusing on a limited number of simple issues then the campaign for reform need to not become personalised and therefore will avoid the inevitable heat that personalisation will generate - thereby ensuring that energies are directed where they are needed.

The ways to achieve that:

1 all IFAs lobby their MP's on exactly the same terms on a regualr basis. This does not just mean 1 or 2 IFAs in each Parliamentary constituency - but every singole one of them. This should be done regularly and also in person.

2 Select a case for Judicial Review of a FOS decision and seek declarator from the Court that the FSMA 2000 is not compliant with the ECHR.

3 pursue a case in the European Court of Human Rights against the UK government re the non-compliance of the FSMA 2000 - IFADU is engaged in that.

4 Keep lobbying every single MP - written perosnal phone and email contact. He who shouts loudest will be heard.

But thats just the view of an outsider!

Alasdair Sampson MEnvS LLB NP Partner Drummond Miller WS, Solicitors 65 Bath Street, Glasgow G2 2DD 0141 332 0086 (Fax 0141 332 8295)