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Thousands of depositors who held more than £800 million in offshore accounts with Kaupthing Singer & Friedlander, the failed Icelandic-owned bank, are preparing to take legal action to get their money back.
An action group representing more than 8,000 investors in the bank's Isle of Man arm yesterday contacted The Times with pleas for help and threatened to escalate its campaign to include court proceedings against the UK Government. They feel they have been left out in the cold by the UK Government, while onshore retail depositors received swift guarantees that their savings would be protected.
Their pleas have been backed by the Isle of Man Government, which will today send a delegation to meet senior officials from the Treasury and the UK Financial Services Authority. The delegation will demand the release of about £550million of Isle of Man deposits held by KSF in London that were frozen on October 8.
The Treasury's decision to seize control of KSF's UK operations has already led to one potential court case. It has been blamed by shareholders in Kaupthing, the Icelandic parent, for causing a run on the bank that caused it to fail. Last week, those shareholders appointed Grundberg Mocatta Rakison, a London-based law firm, to begin preparing an application for judicial review in the High Court of the Government's decision.
Yesterday, a spokesman for the Isle of Man action group told The Times that it had held discussions with Grundberg Mocatta and was considering joining its case. “We will certainly be taking legal action,” he said. Grundberg Mocatta did not return calls seeking comment.
A separate legal action is set to be launched against Ernst & Young, the administrators of the UK operation, by 30 Isle of Man depositors who attempted to recover their savings before KSFIOM was put into provisional liquidation by the island's financial regulator on October 9. Their funds were caught by the UK Government's decision to order clearing banks not to process transactions involving Icelandic-owned institutions. Greg Latchams WRH, a Bristol-based law firm, confirmed it had been instructed to prepare a case.
However, one of the depositors leading the case said that a further 120 investors had expressed interest in joining the lawsuit and that letters of claim would be sent next week. The depositor said that the group had lost more than £100 million.
That case will be closely followed by the wider group of Isle of Man investors who did not withdraw their savings in time. Of particular interest will be an attempt to gain access to court documents relating to the appointment of Ernst & Young as administrator for KSF UK, which have to date been kept secret.
The threat of legal action comes as the Isle of Man's High Court prepares for a hearing today that is expected to approve the liquidation of KSF's operations on the island. Dozens of angry depositors are set to attend in an attempt to make their voices heard.
There was some comfort for those investors yesterday as the Isle of Man parliament committed £150 million to boost its deposit protection scheme, raising the amount guaranteed from £15,000 to £50,000.
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I am uk born. Fell in love with and married a Manx man. The bank was a reputable one with an excellent rating, well run and a sound financial base, friendly staff and easy parking! it was my ordinary bank ie my cheque book account + savings. If you lived on iom it could be you too-i am at wits end
susan kinrade, east foxdale, nr douglas, isle of man
To martin of Florida,
High risk strategy These are CASH DEPOSIT accounts As an expat (therefor not allowed to open UK account I opened an account with Singers an old british bank who were taken over by Kaupthung You infer it is the customers fault, not the imbicilic governments and greedy bankers
Gary Kennedy, Bangkok, Thailand
Sorry, I think you guys should have known the risks of offshore banking, and then invested. I don't see why the UK government should do anything to help here.
Ad, Bath,
To Rod, London I would say your post appears shortsighted & reactionary.
KSF IoM wasn't paying "juicier" interest rates than any other bank on the island. Even if they were, are you inferring that the recipients are less entitled to protection and shouldn't complain?
Lester Mcilwaine, Arad, Romania
If the ex-pats were left with no choice but to deposit savings in an offshore account on the IoM, then why did they choose KSF?
Were there not other banks? Or was it that those other banks simply did not offer such juicy rates?!
Rod, London,
We put money with Derbyshire building Society IOM, NOT TO EVADE TAX, as TAX IS STOPPED AT SOURCE, in addition we have always declaired the monies on our annual TAX RETURN in U.K and paid the extra tax, we are U.K residents and U.K tax payers so why haven't we got the 100% guarantee. We were sold out
susan, barnsley, u.k.
There are many depositors like myself that had their savings invested with Derbyshire Offshore before this UK building society chose to sell out and transfer all its accounts to KSF IOM in December 2007. I was reassured by both Derbyshire Offshore and KSF that my savings would be safe with KSF.
Brian Mallett, Newmarket, Canada
"People who took KSF IOM high interest accounts have lost the gamble they took.That is life"
John from Liverpool, you know nothing. Not everyone can manage to get a job in the UK, and when you work overseas, you're not allowed to bank there anymore. Is a savings account a gamble in your mind?
David, Lincoln, UK
Almost 90% of these depositors have worked and lived all their lives in the UK and paid taxes there but for political pride they have been deserted by the government.
Darrell Monteith, Omagh, UK
A survey of members of the Kaupthing Isle of Man Depositors Action Group showed that just 3 per cent of its members had more than £1million deposited with the bank, while 29 per cent had between £50,000 and £99,999 and 19 per cent had between £100,000 and £249,999. The money often represented peoples life savings or their retirement fund. Those who do not have a UK address cannot open a UK bank account, leaving little choice for people who want to continue holding money in sterling but to open an offshore account.
Herbert, Douglas IoM,
My husband and I both worked for the NHS before we left for Kuwait. We have tried to live prudently to save for our retirement . This is not fair and I have every faith that we will not be left like this .
Gale Shaheed, Ahmadi, Kuwait
The UK Goverment has rightly seized the assets of KSF UK after the Iceland goverment said KSF UK customers would not be given any money back.Members of KSF IOM should be complaining to the Icelandic goverment.People who took KSF IOM high interest accounts have lost the gamble they took.That is life
John, Liverpool, UK
Reality is that the £550 million left IOM and was loaned out on mortgages that will not be paid back, or worse derivatives of fake AAA rated 'mortgage backed' securities (i.e. worthless paper). Sadly we will have to take the 50k and run and put new money under the mattress. It will be a hard lesson
Brian, Houston (Expat), TX
My sister who works for a childrens charity in South Africa has lost all her saving in the IOM. She didn't go to the IOM for a high interest rate but simply because since 9/11 non-resident British Expats can't open a bank account in the UK. She was a despositor not an investor or speculator.
Thomas, Manchester,
2 UNTRUE assumptions made by some: 1.People bank offshore to avoid tax.NB those living in EU answer to tax authorities for income generated.2.UK expats choose offshore for better returns. NB Without a recent UK utility bill, due to ludicrous "anti-terrorist" UK laws, we cannot open a UK bank account
Malcolm Clegg, Wroclaw, Poland
Depositors in KFS enjoyed high returns because of the banks high risk strategy. If you choose a high risk strategy with no protection scheme why should UK tax payers who recieve less interest (and pay tax on that interest) bail you out. The £550M was on lent to the Icelandic parent - chase them!
Jonathan Fallon, London,
We are simply asking for our money back....
I am British and an expatriate in Asia.
I have carefully saved what I could over the last 20 years so that I could retire in the UK...now it looks like I've lost the lot....
Do something Gordon Brown....we are counting on you!
Philip Curran, Singapore,
It has been very interesting and unprecedented that the appointment re KSF UK has been kept a secret. The depositors are just trying to reclaim their £550m that belongs to them and they are being blocked by secrecy from their own Government?? Is the UK becoming a totalitarian state?
Martin, Florida, USA
I have savings in Kaupthing Singer&Friedlander.
Every penny of was earned in the U.K and subject to income tax.This is a disgraceful confiscation of peoples property by the U.K Goverment.
We would expect it of Robert Mugabe-but a British goverment.!
Moral compass indeed!
Simon, London, U.K
We want our £550 million back, it is our money, we are not asking the UK Government to bail us out, just release what is ours.
I am a British Citizen, I live in UK, I pay UK Taxes, I vote in the UK and I have lost potentially £300,000, my families life savings. Gordon Brown needs to act now
Maria, Crawley, England