LEXLAW Solicitors & Barristers
RBS announces a New Complaints Process and Complex Fee Refunds for SMEs in their GRG division between 2008 to 2013. This process has serious flaws.
RBS, with FCA agreement, has introduced a new complaints process for SME customers transferred to its Global Restructuring Group (GRG) between 2008 and 2013, overseen by independent third party Sir William Blackburne. The bank also announced automatic refunds of complex fees charged to these customers, aiming to address past failings in communication, complaint handling, and service. SMEs are urged to seek urgent legal advice to protect rights from limitation.
The FCA’s review of RBS’s Global Restructuring Group (GRG) found no widespread evidence that RBS deliberately engineered transfers of viable businesses to GRG or acted as a “shadow director.” However, the review revealed systemic failings including poor communication, inadequate turnaround support, undue focus on pricing and debt reduction, poor valuations, conflicts of interest linked to West Register, and unfair complaint handling. Over a third of SMEs transferred to GRG faced insolvency regardless, but many also suffered inappropriate treatment.
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The FCA has stated it will not rush the delayed report on RBS’s Global Restructuring Group (GRG) due to the complexity and importance of the investigation. The report, highly awaited following allegations of misconduct by GRG, aims to thoroughly assess RBS’s treatment of SMEs and the bank’s recovery practices.
The High Court criticised Dentons and RBS for a “cavalier” attitude toward disclosure in litigation, specifically failing to comply with a court order to produce around 25 million relevant documents related to LIBOR misconduct allegations. Proper disclosure is vital to ensure fairness in litigation, but RBS has a history of inadequate disclosure, including being found to have deliberately withheld documents in previous cases. This pattern raises serious concerns about RBS’s litigation culture and compliance with court rules.
RBS has agreed to a £1 million settlement with a businesswoman who accused the bank of mis-selling complex derivatives. The case highlights banks selling unsuitable financial products to businesses. RBS initially denied wrongdoing but eventually agreed to the settlement, which includes repayment of derivative payments, break costs, and suspended payments. The businesswoman’s business was negatively impacted by the mis-sold derivatives, and the case exposes flaws in the Financial Conduct Authority’s IRHP review scheme.
The Times reports that Wenta, a company that supports new businesses, is suing RBS and NatWest for mis-selling a complex financial product. The banks sat on Wenta’s board and encouraged the deal, despite it being a disastrous one that cost the company over £500,000.
Lexlaw, Wenta’s lawyers claim the banks misled the company about the risks involved and have been slow to resolve the dispute. While several other banks have settled similar cases, RBS and NatWest have resisted, forcing Wenta to take legal action. The case is currently undergoing mediation, and a settlement may be reached soon.
Reports surface that Mark Spurin will take charge of the RBS GRG Review compensation scheme for ‘impacted SME’ victims.
The FCA is set to recommend a compensation scheme for businesses harmed by RBS’s Global Restructuring Group (GRG), according to an upcoming report. While the GRG Review may be quicker than litigation, it is criticised for being unfair and limiting compensation. Victims are advised to consider parallel litigation, which is designed to ensure a fair outcome. GRG, a troubled business support unit within RBS, controlled assets of 16,000 SMEs before being disbanded in 2014 following misfeasance allegations.