Is the FSCS compensation of £50k government backed?

Russell Waterman made this Freedom of Information request to Her Majesty’s Treasury

The request was successful.

From: Russell Waterman

26 April 2009

Dear Sir or Madam,

As the FSCS (the Financial Services Compensation Scheme) is a
limited company, is the minimum compensation of £50k they promise
to consumer investors if their bank goes bankrupt backed by
yourselves or any other government agency? If it is, can you please
tell me the act, statute or precedent of law where this is
confirmed ?

Yours faithfully,

Russell Watermam

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From: Enquiries, CEU
Her Majesty’s Treasury

27 April 2009

Dear Mr Waterman

Thank you for your Freedom of Information request. I write to confirm receipt of your request and to let you know that it is receiving attention. If you have any enquiries regarding your request do not hesitate to contact us.

Darren Creamer
Correspondence and Enquiry Unit

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From: Russell Waterman

30 April 2009

Dear Enquiries, CEU,

Thank you. One of your staff members told me on the phone that if I
put this request in writing I would get a next day answer.

Please advise

Yours sincerely,

Russell Waterman

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From: responses, FOI
Her Majesty’s Treasury

8 May 2009


Attachment 9 383 reply.pdf
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Dear Mr Waterman,

Please find attached a response to your recent enquiry to HM Treasury.

With regards,

<<9-383 reply.pdf>>

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From: Russell Waterman

8 May 2009

Your Ref: IRU/9/383

Dear responses, FOI,

Thank you for your reply. Unfortunately it does not seem to answer
my question. Maybe I should have used the term 'guaranteed' instead
of 'backed' by the government.

You said:
The Financial Services Compensation Scheme (FSCS)pays compensation
in accordance with the scheme rules, which are made by the
Financial Services Authority (FSA) under powers in the Financial
Services and Markets Act 2000 (FSMA).

The FSA is however also a limited company, so this is no guarantee
either it would seem.

You then said:
The Government has made clear that it stands behind the FSCS and
has taken steps to ensure that it has access to immediate liquidity
through borrowing from the public sector. FSMA includes provision
(section 223B - inserted by section 173 of the Banking Act 2009) to
allow for this to happen in the most efficient manner using
borrowing from the National Loans Fund.

Well section 223B states 'It also allows the FSA to make rules
relating to borrowing from the National Loans Fund' So another
limited company making the rules as to if and how public money
should be used to bail out an investor.

If the Government has made clear that it stands behind the FSCS as
you say above, where has the government clearly guaranteed this in
writing with legal force ?

Yours sincerely,

Russell Waterman

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From: responses, FOI
Her Majesty’s Treasury

11 May 2009

Thank you for your request. I write to confirm receipt of your request and to let you know that it is receiving attention. If you have any enquiries regarding your request do not hesitate to contact us.

Information Rights Unit

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From: responses, FOI
Her Majesty’s Treasury

29 May 2009


Attachment 9 433.pdf
139K Download View as HTML


Please find attached our reply to your FoI request.

Regards,

Information Rights Unit
HM Treasury

<<9-433 .pdf>>

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From: Russell Waterman

3 June 2009

Dear responses, FOI,

I asked if and where there was a law stating that the government
promise to back the FSCS financially and again have only been
referred to documents saying the The Government stand behind the
FSCS.

I ask you for the third time now to answer this simple question.
The answer should be either yes stating the statute or act ect. or
no.

Yours sincerely,

Russell Waterman

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From: responses, FOI
Her Majesty’s Treasury

18 June 2009

Thank you for your email dated 3 June.

I write to confirm receipt of your request and to let you know that it is receiving attention. If you have any enquiries regarding your request do not hesitate to contact us.

Information Rights Unit

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Russell Waterman left an annotation (18 June 2009)

It looks like they're trying very hard to be totally evasive. Any advice anyone? Russell

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drstrangevibes left an annotation (24 June 2009)

i think the way forward is to type out a questionaire with yes no answers and ask them to delete as applicable

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From: Russell Waterman

3 July 2009

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Her Majesty's
Treasury's handling of my FOI request 'Is the FSCS compensation of
£50k government backed?'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/is...

Yours faithfully,

Russell Waterman

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From: responses, FOI
Her Majesty’s Treasury

7 July 2009

Thank you for your email dated 3 July requesting an internal review.

We are already dealing with the Internal Review request you made last month which relates to the same FOI requests on FSCS compensation scheme, which we hope to answer shortly.

If you have any enquiries regarding your request do not hesitate to contact us.

Information Rights Unit
HM Treasury, 2SW, 1 Horse Guards Road, SW1A 2HQ

P Please consider the environment before printing this email.
www.hm-treasury.gov.uk

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From: responses, FOI
Her Majesty’s Treasury

19 August 2009


Attachment Review response FSCS.pdf
221K Download View as HTML


Dear Mr Waterman,

Please find enclosed the results of our review of the handling of your request on whether there is a law stating that the government promise to back the FSCS financially.

<<Review response FSCS.pdf>>

I am sorry not to have responded sooner.

Regards,

Kate Jenkins

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Russell Waterman left an annotation ( 3 September 2010)

The FSCS compensation scheme of £50k is NOT guaranteed by our government!

Did you know that the FSCS is a Limited Company, backed by the FSA...?

Did you know that the FSA is also a Limited Company ?

The FSA can borrow money from the National Loans Fund (which is a bank account the Treasury has at the Bank of England)

However, the government allows the FSA to make rules relating to borrowing from the National Loans Fund. So, a limited company (which is a private entity) is making the rules as to if and how (our) public money should be used to bail out private investors.

There is no force of law, statute or bill to ensure that the FSCS pay a penny to anyone, and as Limited Companies the FSCS & the FSA can be dissolved/liquidated at the drop of a hat.

Still feel your money is safe ?

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Things to do with this request

Anyone:
Her Majesty’s Treasury only: