My previous letter to City of London Magistrates was returned with a request for further information on the people and charges to be summonsed. I have therefore sent these details:
Douglas Jardine Flint, Group Finance Director HSBC 1995-2010, Group Chairman 2010 – date HSBC Bank plc, One Canada Square, Canary Wharf, London E14 5AB
Conspiracy to defraud. In 2003 HSBC purchased the business of HFC Bank Ltd. HFC Bank was, at that time, and until 2010 applying illegal charges to defaulting customers. The bank never had any liability to pay solicitors fees for recovering outstanding debts. As Group Finance Director Douglas Flint would have been aware of this as he would have examined the HFC’s accounts and thus is complicit in the fraud and had a duty to prevent the abuse.
Duncan James Fraser Hamilton, Consultant, Restons Solicitors, Trinity Chambers, 800 Mandarin Court, Centre Park, Warrington WA1 1GG
Conspiracy to defraud – between the dates of approximately 1990 and 2010 Duncan Hamilton was solicitor for HFC Bank Limited. He was responsible for instructing solicitors to act in recovering outstanding debts to the bank and was instrumental in negotiating a contract with solicitors Restons and Weightmans which provided for the provision of illegal contingency fees of 16.4% to be added to the outstanding debts, contrary to the Solicitors Act 1974, and conspiring with those solicitors to commit fraud on the bank’s customers. The complainant, Nicholas Wilson informed Duncan Hamilton at a meeting on 23 October 2003 that the charges the bank was imposing on accounts were unlawful.
Fraud by failing to disclose information contrary to s3 of the Fraud Act 2006
As HFC Bank’s solicitor Duncan Hamilton was responsible for the firm’s Consumer Credit Act Agreements and the terms and conditions therein. The terms and condition give the debtor no information about a flat 16.4% which would be added to their account if they should default in payment. . In 2010 the Office of Fair Trading issued a requirement of HFC Bank that they cease adding a collection charge unless and until they amend their terms and conditions to allow for such charge.
Ian Robert Evans – consultant, Weightmans Solicitors, 100 Old Hall Street, Liverpool L3 9QJ
Conspiracy to defraud – between 2000 and 2010 Ian Evans was senior partner at Weightmans. He was present at a meeting at HFC Bank’s head office on 23 October 2003 with the complainant, Nicholas Wilson, and Duncan Hamilton, when he was informed that the charges which the bank imposed on defaulting accounts were unlawful and in breach of the Solicitors Act 1974. In 2007, following a complaint by Nicholas Wilson the Solicitors Regulation Authority confirmed that the charges were unlawful contingency fees.
Ian Evans continued to lead the firm of Weightmans in applying the illegal charges, despite being told on numerous occasions by the complainant of their illegal nature.
Patrick John Gaul, solicitor Weightmans Solicitors, 100 Old Hall Street, Liverpool, L3 9QJ
Conspiracy to defraud – between 2003 and 2010 Patrick Gaul was managing partner at Weightmans Solicitors. Despite being told on numerous occasions that the charges the firm were adding to defaulting accounts of HFC Bank Limited he took no action either to put a stop to the practice or report his partners to the Solicitors Regulation Authority.
Andrew Archibald Dawson Cox, solicitor Weightmans solicitors, 100 Old Hall Street, Liverpool L3 9QL
Conspiracy to defraud – between about 2004 and 2010 Andrew Cox was head of debt recovery at Weightmans and had direct responsibility for the HFC Bank work. He was involved in negotiating a contract with the bank’s solicitor Duncan Hamilton which provided for illegal fees to be added to defaulting customers’ accounts. He was told on numerous occasions of the illegal nature of the charges and in 2007 the Solicitors Regulation Authority made an adjudication against him which confirmed that he was responsible for adding unlawful contingency fees.
Fraud by abuse of position contrary to s4 of the Fraud Act 2006.
A “collection charge” of 16.4% was immediately added to customer’s accounts on receipt at the office of Weightmans, such that an initial “letter before action” was generated containing the charge and demanding payment of the charge by the debtor. This is contrary to the Solicitors Act 1974 which forbids solicitors to abuse their position by relying on the ignorance of the law of the other side, and which forbids a solicitor from claiming costs which they are not legally entitled to. If unchallenged the costs remained part of the claim both before and after any legal proceedings were issued. In 2010 the Office of Fair Trading issued a requirement of HFC Bank that they cease adding a collection charge unless and until they amend their terms and conditions to allow for such charge.
Christopher John Reston, solicitor, Restons Solicitors Trinity Chambers, 800 Mandarin Court, Centre Park, Warrington WA1 1GG
Conspiracy to defraud – between the dates of approximately 1990 and 2010 Christopher Reston was senior partner and owner of the firm of Restons which acted for HFC Bank in recovery of outstanding accounts. He negotiated with the bank’s solicitor Duncan Hamilton to enter into a contract which allowed for illegal contingency fees to be added to outstanding debts. The complainant Nicholas Wilson was given a copy of the contract between Restons and HFC whilst he was in the employ of Weightmans solicitors. Christopher Reston therefore conspired with Duncan Hamilton to defraud defaulting customers of the bank.
Fraud by abuse of position contrary to s4 of the Fraud Act 2006.
A “collection charge” of 16.4% was immediately added to customer’s accounts on receipt at the office of Restons, such that an initial “letter before action” was generated containing the charge and demanding payment of the charge by the debtor. This is contrary to the Solicitors Act 1974 which forbids solicitors to abuse their position by relying on the ignorance of the law of the other side, and which forbids a solicitor from claiming costs which they are not legally entitled to. If unchallenged the costs remained part of the claim both before and after any legal proceedings were issued. In 2010 the Office of Fair Trading issued a requirement of HFC Bank that they cease adding a collection charge unless and until they amend their terms and conditions to allow for such charge.
