Albert Holmes

Telephone: 0207 066 7192
Email: [FSA request email]

Our Ref: FOI2044

Dear Mr Mallen

Freedom of Information: Right to know request

Thank you for your request for information under the Freedom of
Information Act 2000 (the Act).

Your request was received on 11 March 2011 and will be processed in
accordance with the Act. A further two e-mails were received from you on
13 March 2011 which will not be taken forward under the FOIA Act. We note
that your correspondence with us has been expressed in hostile and abusive
language, and we would respectfully ask that you phrase any future
requests more constructively.

Finally, there may be a fee payable for the information you have
requested. If that is the case, you will be informed of the likely
charges before we proceed. The fee must be paid before the information is
released.

If you have any queries please contact me.

Yours sincerely

Susan Currington

Information Access Team

Susan Currington | Information Access Team | Operations Services
|Operations Business Unit|

Financial Services Authority
25 The North Colonnade
Canary Wharf
London
E14 5HS

( 020 7066 1000

[1]www.fsa.gov.uk

show quoted sections

This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.

The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from

The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom

Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above

Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************

References

Visible links
1. http://www.fsa.gov.uk/

Direct line: 0207 066 7192

Email: [FSA request email]

Our Ref: FOI2004

Dear Mr Mallen

Freedom of Information: Right to know request

Thank you for your request under the Freedom of Information Act 2000 (the
Act), for information in relation to Albert Holmes.

1. "How do I find out about this particular companies registration
with the FSA?

2. How many complaints have you received regarding this company?

3. What action have you taken?"

Your request has now been considered. I can confirm that we hold some of
the information you have requested. I shall take each point of your
request in turn.

In relation to point 1 of your request, I refer you to the FSA Register
where you can search for firms that are, or have been, regulated or
registered by us. The FSA Register, with step by step instructions on
different search options, can be found on the FSA external website at the
following link: [1]http://www.fsa.gov.uk/register/home.do

In relation to point 2 of your request, we can neither confirm nor deny
whether the FSA has received any complaints in relation to the firm Albert
Holmes because, if such information were held by us, this would be
information which the FSA has received for the purpose of carrying out its
regulatory function under the Financial Services and Markets Act 2000
("FSMA"), and so the following exemption applies.

* Section 44 (Prohibitions on disclosure)

Section 44(1)(a) of the Act provides that information is absolutely
exempt from disclosure if its disclosure (otherwise than under the
Act) is prohibited by or under any enactment. Section 348 of FSMA
restricts the FSA from disclosing "confidential information" it has
received except in certain limited circumstances (none of which apply
here).

Section 44(2) of the Act provides that the duty to confirm or deny
does not arise if the confirmation or denial that would have to be
given to comply with section 1(1)(a) of the Act would (apart from the
Act) be prohibited by or under any enactment.

Confidential information for these purposes is defined as non-public
and non-anonymised information which relates to the business or other
affairs of any person and which was received by the FSA for the
purposes of, or in the discharge of, any of its functions under FSMA
and which is not in the public domain.

The information requested amounts to confidential information
received by the FSA in the discharge of its functions under FSMA.
Disclosure of any such firm specific confidential information,
without the consent of the provider of the information, or, if
different, the consent of the person to whom the information relates
would be in breach of section 348 of FSMA and would be a criminal
offence.

Section 44 is an "absolute" exemption, and so it is not
necessary to balance the public interests
for and against disclosing the information.

In relation to point 3 of your request, the FSA does not normally
comment publicly on whether or not it is investigating a particular
matter. This policy is set out in the FSA's Enforcement Guide (EG); see
in particular EG 6 on Publicity. This may be found on the FSA website
through the following link:
[2]http://fsahandbook.info/FSA/extra/5125.pdf.

In the event that the FSA is investigating a particular individual/
entity and formal enforcement action is subsequently taken, details of
the action will generally be published on the FSA's website in the form
of a Final Notice and associated press announcement. This serves to
inform the public of the action taken and the reasons for that action.

In terms of the information you have requested in point 3 above, we are
of the view that section 31 (Law Enforcement) of the Act and section 43
(Commercial Interests) of the Act are applicable in that confirming or
denying whether we hold the information you have requested:

* would, or would be likely to, prejudice the exercise by the FSA of
its functions under FSMA (section 31); and
* would, or would be likely to, prejudice the commercial interests of
any person (including the credit union mentioned in your request)
(section 43).

Further details on our application of the section 31 and section 43
exemptions are set out below.

. Section 31 (Law enforcement)

Section 31(3) of the Act provides that the duty to confirm or deny does
not arise if the confirmation or denial that would have to be given to
comply with section 1(1)(a) of the Act would, or would be likely to,
prejudice the matters mentioned in section 31(1)(g) (the exercise by the
FSA of its functions for any of the purposes specified in section
31(2)).

Were the FSA to hold the information requested, if disclosed, it would,
or would be likely to, prejudice the exercise by the FSA of its
functions for the purpose of ascertaining (i) whether any person has
failed to comply with the law (section 31(2)(a)), (ii) whether any
person is responsible for conduct which is improper (section 31(2)(b)),
(iii) whether circumstances which would justify regulatory action in
pursuance of any enactment exist or may arise (section 31(2)(c)), or
(iv) a person's fitness or competence in relation to the management of
bodies corporate or in relation to any profession or other activity
which he is, or seeks to become authorised to carry on (section
31(2)(d)). We consider therefore that there would be a real risk to any
possible ongoing enforcement investigation or any subsequent action if
such information were to be disclosed.

Further, such a disclosure would also provide an insight (or what may be
perceived to be an insight) into the FSA's regulatory priorities. Firms
and/or the public at large may conclude that the FSA's priorities lay in
particular circumstances, or in a particular sector or product.
Likewise, it might lead those firms and/or the public at large to
conclude that the FSA's regulatory priorities lay elsewhere. Either
eventuality might lead them to take steps designed to frustrate the
regulatory process.

The likely result would be that the FSA would receive less information
and cooperation on a voluntary basis from its regulated firms and/or
approved persons and other third parties. This would harm the FSA's
effectiveness in carrying out its functions and possibly require the FSA
to take formal action to obtain information it would otherwise have been
provided with voluntarily.

Section 31 is a qualified exemption, and we have therefore considered,
as required by the Act, where the balance of public interest lies.

In favour of disclosure:

* There is a strong public interest in favour of transparency, and
in the public being made aware of any information we may or may
not have received in relation to the firms and/or individuals
who are operating in the financial services industry,
particularly where these matters may impact on the public
directly.

. Disclosure of such information would reassure the public
about the effectiveness of the regulatory approach taken by the FSA
(including its enforcement work), and demonstrate how the FSA
responds to matters arising within the sector it regulates.

Against disclosure:

* There is a strong public interest in the FSA being able to carry
out its functions in the most effective manner possible.
Disclosure could lead to widespread speculation which could
hinder and prejudice the progress of any current and/or future
FSA enquiries, considerations and/or action.
* Confirmation of the information we may or may not have received
as part of a regulatory investigation has the potential to
mislead and prejudice the financial markets and consumers. This
is because readers may conclude, incorrectly, either misconduct
or a clean bill of health from the disclosure.
* Where any formal regulatory action is taken against a firm or an
individual, the public are (save in exceptional circumstances)
informed of the final outcome of the proceedings. Final Notices
are published on the FSA website ([3]http://www.fsa.gov.uk/) and
may be widely reported in the press. This serves to promote the
public interest in transparency of regulatory action, in
accordance with due legal process.

* Section 43 (Commercial interests)

Section 43(3) of the Act provides that the duty to confirm or deny
does not arise if the confirmation or denial that would have to be
given to comply with section 1(1)(a) would, or would be likely to,
prejudice the commercial interests of any person (including the
public authority holding it) mentioned in section 43(2).

The commercial interest of the firm named in the request (above) is
likely to be harmed by confirming whether or not we hold the
information requested. Were it to be the case (which we cannot
confirm) that we hold any of the information requested, a
confirmation that this was the case could lead to unfair or
unjustified adverse comment and speculation in connection with this
firm. This could affect the firm's brand and reputation in the
market in which they operate in the absence of due process having
been followed - i.e. in the absence of any formal finding of
misconduct and without the firm having had the opportunity to
comment. Any loss of confidence can have serious, adverse
consequences for a firm and its stakeholders, including employees,
investors and creditors.

There is a strong public interest in the firm's legitimate commercial
interests not being undermined unless and until such time as there
has been any formal finding of misconduct following the conduct of a
full investigation (which, may or may not be the case in this
instance) and details of that is permitted to be made public under
FSMA.

Section 43 is a qualified exemption and therefore I have balanced the
public interests for and against confirmation/denial, as required by
the Act. The factors in favour and against disclosure are identical
to those set out for section 31, above.

In our view, we are satisfied that overall the balance of the public
interests in this case comes down in favour of maintaining the exemptions
under section 31 and section 43 of the Act; and in neither confirming nor
denying that we hold any information that falls within the scope of your
request.

If you have any queries or are unhappy with the decision made in relation
to your request please contact me. If I am not able to resolve your
concerns I will advise you of the process for an internal review. If you
wish to exercise your right to an internal review you should contact us
within three months of the date of this letter.

If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

Website: [4]www.ico.gov.uk

Yours sincerely

Susan Currington

Information Access Team

Susan Currington | Information Access Team | Operations Services
|Operations Business Unit|

Financial Services Authority
25 The North Colonnade
Canary Wharf
London
E14 5HS

( 020 7066 1000

[5]www.fsa.gov.uk

show quoted sections

This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.

The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from

The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom

Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above

Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************

References

Visible links
1. http://www.fsa.gov.uk/register/home.do
2. http://fsahandbook.info/FSA/extra/5125.pdf
3. http://www.fsa.gov.uk/
4. http://www.informationcommissioner.gov.uk/
5. http://www.fsa.gov.uk/

Dear Mr Mallen

Thank you for your email of 15 June 2011 sent to our Freedom of
Information Team. This is not a request for information and your comments
have been forwarded to our Consumer Contact Centre (CCC) as they are the
most appropriate area to respond to your query. Please be aware that CCC
work to a service level of 12 working days. Due to current workloads, they
are working up to the limit of this service level.

Yours sincerely

Sandra Collins | Information Access Team | Operations Services |
Operations Business Unit
Financial Services Authority, 25 The North Colonnade, Canary Wharf,
London E14 5HS

Tel: 020 7066 7120

[1]www.fsa.gov.uk

show quoted sections

This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.

The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from

The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom

Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above

Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************

References

Visible links
1. http://www.fsa.gov.uk/

Dear Keith Mallen

You recently contacted the Financial Services Authority (FSA) with an enquiry and
they would like to know what you thought of the service you received. The FSA have
asked IFF Research as an independent market research company to conduct
this research on their behalf. Your help with this would be greatly appreciated and
would enable the FSA to improve their service for the future.

Please click on the link below to access the survey.

[1]https://survey.iffresearch.com/mrIWeb/mr...

If the link doesn’t work, please copy the link and paste it into the address
bar. If you still cannot access the survey and you would be willing to participate
by telephone then please get in touch and let me know your phone number so I can
arrange for an interviewer to call you back at a time that suits you.

We would be grateful if you could complete the questionnaire by Sunday 14th August

Responses will be entirely confidential and will not be attributed to any
individual or organisation, in line with the Code of Conduct of the Market Research
Society. Results will be reported in the form of aggregated statistics.

If you would like to know more about IFF Research, you can contact me on 020 7250
3035 or at [2][email address]. If you would like to verify that this is
a legitimate piece of research commissioned by FSA, you can call the FSA's Customer
Contact Centre on 0845 606 1234.

Best Wishes,
Alice Large
Research Executive

IFF Research
Tel: 020 7250 3035
[3]IFF Research
[4]Click here to unsubscribe

References

Visible links
1. http://iffresearch-dm.com/2K4-HZ9D-4GTJ7...
2. mailto:[email address]
3. http://iffresearch-dm.com/2K4-HZ9D-4GTJ7...
4. http://iffresearch-dm.com/2K4-HZ9D-524GT...