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KSF (IOM) depositors call on Jack Straw to broker deal for return of £550m held in UK

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If the return, from London, of the money is not forthcoming in the next week or so, the only other real option is for the IOM Government to swallow its pride and go and borrow the money, from the UK Government if necessary, to fund a swift and 100% return of deposits.

The Kaupthing Singer & Friedlander (IOM) Depositors Action Group has written to UK Justice Minister, Jack Straw - whose department has ‘responsibility’ for the Crown Dependencies - to see if he will help broker a deal, between the Governments of the UK and the IOM, which will see the repatriation of the KSF (IOM) funds locked in the sister bank in London.

It is claimed that as at least two other major depositors have recovered significant sums of money, then KSF (IOM) should also be allowed to have its money back; and if this was achieved then KSF (IOM) would easily be able to meet its liabilities to all creditors.

However, as currently there seems to be no apparent appetite being displayed, particularly on the part of the IOM authorities, to arrange a meeting to discuss terms, DAG are hoping the UK may extend an olive branch in order to kick start the dialogue.

The trouble is time is fast running out for a deal to be struck, with the deadline of 9th April, for the next court hearing, almost upon us.

Meanwhile, the long awaited details of the proposed Scheme of Arrangement have yet to be made public; albeit it is believed that negotiations are continuing behind the scenes with the banks, which are needed to help fund it, and the insurance companies who will need to back it. At the moment it seems uncertain whether the support is there.

Certainly DAG members, who have large amounts frozen in KSF (IOM), have sussed out a deal with the UK is the only way in which they are likely to get their money back in a reasonable time frame, if at all.

They realize the SoA is effectively just a short term Government loan to bank roll a pay out, up to the level of the much maligned Depositors (not a) Compensation Scheme, before recouping the money on an equal basis with the remaining creditors.

Questions are obviously been asked why the insurance companies are being so meek over their approach to the whole matter; and it has been suggested by DAG that Donald Gelling’s dual role as Chairman of the Insurance and Pensions Authority, and Director of KSF (IOM) raises some serious question marks regarding conflicts of interest.

It has also been pointed out that the Life Companies have tried to shift responsibility for investment decisions on to the individual bond holders and their IFA’s; yet they were heavily promoting KSF (IOM) in their literature as having an ‘AAA’ rating and a parental guarantee.

A press release issued recently by Olly Scott, on behalf of DAG, states: Since the money was held by KSFIOM in the life company's name the Action Group finds it difficult to understand why customers and their IFAs are solely responsible for placing the funds. “Since KSF blew up all relevant life company literature promoting bonds has been revised,” said Scott “suggesting that the companies accept the way in which the matter was promoted could have been misleading to customers.”

The release goes on to say: What depositors find particularly galling is that whilst the life companies are not willing to take responsibility for the placing of funds, they seem willing to negotiate a Scheme of Arrangement offering less than full return of deposits without reference to the wishes of their bondholders.

The release ends by calling on the Life Companies to wake up, face up to their fiduciary duty, and put their support behind the call for the IOM Government to make arrangements that guarantee a 100% return of bond holders’, and other depositors’, money.

In a separate development, lawyers, acting for DAG, have written to all the Directors of KSF (IOM) putting them on notice they will be held personally responsible for any losses their clients may suffer as a result of alleged breaches of good banking practices.

The letter also asks them to explain why they deposited such a sizeable part of the bank’s funds with one institution; which left KSF (IOM) so exposed to any liquidity and solvency problems of the receiving institution.

This approach by DAG, towards the management of the bank, contrasts quite markedly with that of local advocate Jonathon Smalley, who informed Manx Radio that no-one, “who has spoken so far”, appeared to be suggesting any ‘failure’ within the company; and effectively pointed the finger in the direction of the Financial Supervision Commission.

The only problem is, knowing who was at fault, for the seemingly avoidable error, isn’t going to result in the immediate return of depositors’ money. Clearly apportionment of the blame will come later, and rightfully so, but the priority now is to ensure the many hundreds, if not thousands, of desperate people get their money back, and as soon as possible.

If the return, from London, of the money is not forthcoming in the next week or so, the only other real option is for the IOM Government to swallow its pride and go and borrow the money, from the UK Government if necessary, to fund a swift and 100% return of deposits.

The IOM may then find it has many thousands of new friends and ambassadors rather than thousands of disenchanted adversaries committed to bringing the Island’s financial services down.

 

Subscribe to comments feed Comments (66 posted):

Julia Brennan on 02 April, 2009 02:27:20
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Thank you Manx Herald for this article in which you explain our (KSFIOM depositors) plight. I am an Irish citizen currently living and working in the Middle East. I lived for 20+ years in UK prior to going to the Middle East. While I kept a UK bank account while abroad, it offered such low interest and being unable to open a new onshore account even with the same bank (Abbey), I opted to open one in the Isle of Man with the Derbyshire. However, the Derbyshire sold us out to the Icelandic bank Kaupthing Singer and Friedlander. As Kaupthing were full of promises and being Irish (eurozone), I thought it prudent to also open a euro account with Kaupthing Edge. My Kaupthing Edge (euro) account and my (sterling) Kaupthing Singer & Friedlander accounts were treated as two entirely separate entities with different log IDs and passwords required for each account. However, when the UK government stole or were handed our money Kaupthing Singer & Friedlander, suddenly all accounts (euro and sterling as well, I believe, as US dollar accounts) came under the one umbrella and thus both my euro and sterling accounts were 'frozen'. I was unable to withdraw my money and am facing the prospect of losing this money entirely while the IOM and UK governments play games with each other while keeping us (depositors) as hostages. While I am lucky enough to still have a job here in the Middle East, many 100’s if not 1000’s of depositors have lost absolutely everything having been caught in this debacle with their entire savings in one or more of the Kaupthing accounts. Thus, there are people who are destitute and about whom neither the UK, Isle of Man or Icelandic governments/Treasuries could give a damn. The KSFIOM Depositors Action Group, set up immediately after the theft of our money on October 8th, 2008, have been trying since to understand what happened, why it happened and are trying to find ways for us to recover our money. In the process of uncovering what happened it has discovered that corruption, incompetence and greed are at the heart of it - particularly in the Isle of Man. Hardly anybody in the world can be unaware nowadays of the corruption of bankers and insurance agents and we, the innocent depositors of Kaupthing banks on the Isle of Man, are victims of this corruption, incompetence and greed. Is it possible there is somebody in the Isle of Man government or judiciary who is honest and who will take our plight seriously and work honestly and positively towards the 100% return of our deposits? I certainly hope so. Meanwhile, I face the prospect of not being able to return home to settle in my home country for many a long year, as my savings are gone.

For further information about the Kaupthing Singer & Friedlander (IOM) Depositors Action Group, please go to http://www.ksfiomdepositors.org/
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AJM UAE on 02 April, 2009 03:10:22
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Sir, thank you very much for your excellent article. It is truly heartening to read such an unbiased account of our situation and your entirely pragmatic suggestions as to what could be done to remedy it. As one of the many thousands of KSF IoM depositors caught up in this nightmare, I would like to thank your newspaper for its ongoing support and encouragement. Only by addressing the issues head on and providing possible solutions that enshrine the rights of ordinary savers can we hope to move on.
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anrigaut on 02 April, 2009 03:55:51
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Thank you Manx Herald for this excellent, factual article which so well describes the plight of so many of the innocent victims of this travesty. Like many others, I am a retired British subject living abroad who preferred to keep some savings in sterling for use on return visits to the UK and was unable to open a mainland account without a UK address. I now realise how naive I was to think that the Isle of Man (and Derbyshire Offshore) was a safe haven for my savings. Again, like many others, I am neither rich nor a tax-evader - all interest is fully declared and tax-paid in France, my country of residence, Despite all that has happened to date, I still find it hard to believe that all IoM politicians and government officials are as uncaring, incompetent or downright corrupt as it appears. So please, is there someone somewhere who will stand up and be counted on our behalf? Time is running out. We, the innocent victims, need your help NOW.

Members of the Depositors Action Group are planning to demonstrate in the island on 9th April, the day of the next KSFIOM court hearing. Many more of us, spead across the globe, will be present in spirit. I hope that Manx Herald will continue to cover this story as it unfolds.
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Amanda Bailey on 02 April, 2009 04:07:15
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God bless this editor he has got the picture and the suffering of many of the depositors. We placed proceeds of a house sale on advice of a professional ifa. He advised us on the isle of man against switzerland and luxembourg, how can they sell the isle of man package now. We have been left destitute because of this , everyone who hears our story will justb KEEP AWAY FROM THER ISLAND.
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steve servaes on 02 April, 2009 04:13:07
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Absolutely spot on.
This ongoing disgrace has to be sorted. How could the UK government grant themselves power to effectively bankroll themselves for their own losses through UK regulatory failure from other GB citiziens savings, albeit held in IOM. This is what they are effectively doing - and neither the Tories nor the Liberals care a toss. What a country the UK has become.
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what a mess on 02 April, 2009 04:18:48
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I am an expat living in France and therefore unable to open a bank account in the UK for the proceeds from the sale of my UK house, which was supposed to fund my living expenses. My money has been unavailable to me for almost 6 months now. If the IOM government don't sort this out many, many people will move their money from the IOM. I have told many people over here of my plight and they are very unsure about their own savings in other banks within the island. Surely the IOM government must see that one of their biggest revenue earners is teetering on the brink! Thank you for your article.
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Graham Powell (Bristol) on 02 April, 2009 04:25:47
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This is such a heartening article which will give encouragement to the thousands of innocent victims of this mess. Like my wife and I, whose retirement plans are in ruins. TO see this emerge from IoM suggests that there are some people over there who believe that actions are needed NOW
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Charles Martin on 02 April, 2009 04:26:29
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Excellent article and one that i hope will make both governments involved make the right choices....do these governments want to be synonymous with pain, anguish and disillusion not to mention corruption or as governments who acknowledge their responsibilities and commit to doing the right thing...
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RL on 02 April, 2009 04:30:36
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Well done Manx Herald,for those of us who cannot attend the protest would you be able to organise an online petition to be either published or handed to the court on the 9th to show our support and solidarity with the ones who have travelled from all parts of the world to protest at the way we are being deprived of our lifetime's savings.
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Kim Price on 02 April, 2009 04:36:39
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Many, Many thanks to all of you at Manx Herald for publishing our plight. There are many of us who are so desperate and reading articles like this keep us going.
Bless you.
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