Onside | Page 18

ONSIDE / COMPANY PROFILE Don’t take no for an answer While banks are admitting they are in the wrong and are starting to settle Swap claims, many are still saying businesses don’t need representation and advice to pursue their claims. The truth is, they do A my Cunningham deals with all kinds of businesses who need help standing up to banks. She’s heard stories that will make your hair curl and, to be fair, some where the banks have been quite reasonable. But if she’s learnt one lesson in the last six months, it is that banks will try and get clients to settle for too little, too soon. One of her clients – who is still embroiled in a tricky situation with RBS and has requested anonymity always enjoyed a good relationship with his bank. Over the years he’s built up a successful construction, development and house building business. He well remembers that he did so with the benefit of finance to buy his first pieces of equipment. When he was laying foundations for building houses his local bank was Williams and Glyn. One of his neighbours was the manager. Taking deposits, or providing facilities, was never a problem as the business grew and grew. Clients included household names in the housebuilding and construction sector. He continued to bank with the same relationship manager for more than 20 years and during the course of this relationship his two sons also took on their lending facilities with the same relationship manager. It was on the basis of the long standing supportive relationship he had with his bank that in 2008 he acted on the persistent advice of the Royal Bank of Scotland and purchased three swaps for his businesses. All after he’d simply approached his relationship manager requesting to refinance his existing debt. It wasn’t until the financial markets crashed that he became aware that the swaps he had been sold could do substantial damage to his cash flow and ultimately the performance of his businesses. He complained to the RBS about the effects of the swaps and the response was not overly helpful. In the end the only solution the bank offered was to provide new loans to cover the break costs for the termination of the swaps. After receiving confirmation from RBS that his swaps were to be included in the FCA Review, he sent a complaint to the bank with the help of his accountant which provided a thorough account of what had happened and payments made. In August 2012 he was invited to attend a verbal testimony meeting with the Bank and it was at this point he decided to seek the representation of Seneca Banking after little movement with RBS. “I could have gon