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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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I have had a financial services tribunal decision go against

Customer Question

I have had a financial services tribunal decision go against me - but am appealing this decision with the European court of human rights, and making a complaint to the entity that accused me of the civil offenses in the first place. The decision is published on a regulator website, and I am trying to pursue a new career. One of the services I offer is facilitation and administration. I do not provide financial advice, and am not regulated. I am currently assisting clients with the setting up of non-regulated self administered pension schemes with providers under client instructions. One of these providers has decided not to deal with unregulated introducers, and not to deal with clients who do not accept financial advice, due to its protocol for its regulated products. It has also looked into my history and decided to write to all the clients we have put to the provider stating that I should not be dealt with and not be trusted, repeating an extract from the decision from the regulator website. This has clearly upset most of the clients, all I have written to and explained my position. The point is whilst there is an official decision, that provider knows nothing about the circumstances, or what I am doing about it now. Neither has my history any bearing on my role at now. The providers and the regulator in this country do not understand or accept that many clients wish to make their own decisions and complete their own research, and need facilitators to introduce them to providers that have the relevant financial wrappers to satisfy. I am one of many who simply provide a service for this. In order to slow this process the provider has used my past history as a reason not to trust what they are doing - when I do not have any influence or control over the client investment choice or performance, and the client is fully aware of this as they have already made their decision before coming to me. Some of the clients are making complaints about the provider that has refused their application. Is this slander, character defamation, where the provider here is using data inappropriately to achieve a negative opinion of me to reduce the damage they have caused by refusing the client application.?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.

Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Please continue to find my answer, it should not be that complex, it either falls in that category or does not. I need to know quickly so that I know hoe to proceed with my complaint

Customer: replied 2 years ago.

Please keep looking, I have already paid for this advice so an answer would be useful

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

I have been asked to look at this. Sorry if I'm missing the point but what is the defamation here?
Customer: replied 2 years ago.

the defamation here would be that what may or may not be true in terms of historical events have no connection with the work I am doing at this time, and if these historical events (which I am contesting) are being used out of context against me to persuade people to not use my services, thus harming my relationships. This is defamation, as it is preventing me from carrying on a normal occupation which I must be allowed to do.

Expert:  Jo C. replied 2 years ago.
Ok. So what have they actually said that amounts to defamation?
Customer: replied 2 years ago.

They have repeated what has been determined by a tribunal here, which is being contested) so the defamation or damaging behaviour is to use that historical event out of context to create slander. The words used are lack of integrity dishonesty, and a penalty that has been imposed( again contested by me). There must be some crime being committed here, otherwise - I will never be able to prevent corporates using that information out of context and I will not be taken on face value with any situation in the future.

Expert:  Jo C. replied 2 years ago.
Ok.

Can we just be clear about this?

They are repeating an allegation that is being made before a tribunal but you contest it?

No, there is no crime covering that. What we are considering is whether there is any civil claim.
Customer: replied 2 years ago.

The Tribunal case is over, and long finished. I am contesting that decision at The Court of Human rights - and I do not give financial advice any longer, I offer facilitation services/administration services, and what the firm in question have done is to use that historical event to suggest that I would not be a worthy person to deal with, when I serve no risk to anyone offering the services I do to clients that have been referred to me. - this must be a crime - but if there is no crime is there a civil claim here?

Expert:  Jo C. replied 2 years ago.

So they are repeating the findings of the court?

If all they are doing is repeating the findings of the Court then they are entitled to do that. The fact that you may now be doing something entirely different is not a bar Im afraid.

Obviously how much weight is attached to that decision when you are engaged now in an entirely different type of activity is another matter.

However, if all they are doing is repeating what the court found then that is not unlawful.

You could always send them a solicitor's letter inviting them to desist and that does often work but if they refuse then it would not be a good idea to sue on this basis.

I'm very sorry but thats your position.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thank you for your answer. But Is there a civil argument here?

Expert:  Jo C. replied 2 years ago.
Not on the facts above.

The only argument could in defamation but if they are just repeating the court judgment then they would rely on truth or fair comment to defend.
Customer: replied 2 years ago.

In which case would it be worth to send them a complaint letter from my mediation firm that will let them know we are not happy with their lack of discretion, and tactics?

Expert:  Jo C. replied 2 years ago.
Well, that never does any harm but, if they carry on, then there is no action that can be taken I'm afraid.

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