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The Royal Bank of Scotland

The Royal Bank of Scotland (RBS) is one of Scotland’s success stories, a tale that all Scots can be proud of. Like most good things I believe it can be better and so I hope by relating some of my own direct experience the attributes of the RBS may improve.
 
My knowledge of the RBS stems (a) from being a customer; (b) from an association with a great number of RBS staff; and (c) from Lady Grossart who when considering a divorce from her husband commissioned me to undertake a fact find on her husband, Sir Angus Grossart, the deputy chairman of RBS.

I will update this section of my web site upon a regular basis but I make the following observations on the topics below. The first three topics are of a general nature, the remainder are more specific but are symptomatic of a more universal malaise to be found within RBS group.

Whilst RBS is to congratulated upon its new £350 million Edinburgh headquarters I do find it somewhat ironic that the current aerial  photograph does appear to have a remarkable similarity to the infamous Irish terrorist lockup of 'H' Block of Northern Ireland, which may make my article  at e) Edinburgh, the U.K.'s easiest terrorist target have a macabre  pertinence.




A. The ‘NatWest’ Bank acquisition

B.  Interest: We are not all equal

C.  RBS Banking malpractices

D.  Complaint against Mrs Shirley Eracleous

E. Restore some old fashioned morality

F   Enron: The Achilles Heel of RBS

G.  RBS: Why have concerns over £500 million a month profit?

H.  RBS Update: Consisting

a) The e-mail from Mrs Shirley Eracleous

b)  17th Oct. 04 Supplement to the article 'Interest. We are not all equal'

(c) Some Honesty Returns:

(d) A symptom of internal decay: internal unauthorised cash borrowing.


I.   International Press concern over RBS ethics



A. The ‘NatWest’ Bank acquisition

I am not suggesting that RBS is another Enron but it should be realised that the philosophy behind certain accountancy practices found in Enron has woven its way into RBS. Now, per se, if this is true it is not necessarily a bad thing but it does merit a little cautious examination.

It may be an unlikely co-incidence but such issues as bad debt write offs by RBS appear to be less prudent than that previously adopted by the Nat West. Thus the balance sheet strength and gearing of RBS may appear stronger than it is in reality. I am not going as far as to suggest that RBS has written back into its group balance sheet items which had previously been removed by formerly independent banks but empirical evidence does suggest that RBS takes a much more aggressive stance to defaulting customers.

I provide two examples of NatWest write offs being re-examined by the RBS.

In the first, the NatWest repossessed a home from an elderly couple in 1991. Upon the property realisation in 1993 there was a shortfall and the NatWest lost money. Since 1991, the elderly couple managed to re-establish themselves and now own, thanks to a relative, another debt free home.

Upon the RBS re-examination of the above NatWest debt write off the new management determined that the 1993 loss (some £80,000 with accumulated interest) was still recoverable against the elderly couple. In 2003 the bank, without the couples consent, took a charge over their new property and instituted bankruptcy proceedings against the couple, thus causing fear and alarm to these pensioners with an average age of 76. Good business, the bank makes £80,000 odd but bad public relations. (Name and address of couple withheld but available)

My second example is that of a middle aged builder. In 1985 he had used his home as collateral to the NatWest for a building development. The story is complex but essentially in 1989 there was a security problem and the builder was called upon by the NatWest to pay off a shortfall of some of some £23,000 which the builder duly did.

In 2003 the builder decided to sell his home but upon sale found that the 1985 charge to the NatWest remained. It should have been an easy matter for this charge to be released as per the 1989 agreement, but it did not happen. The bank (RBS) had changed its interest and loan policies which prompted a recalculation from 1985. Thus on account of interest recalculations the builder was obliged to provide RBS with another £54,000. (Name and address of builder withheld but available) Again good business but bad public relations, yet both examples gave RBS a substantial windfall.

My questions are: how many revamped loans on the balance sheet result in recovery? Is such monetary recovery, by inflating the legal envelope of monetary recovery socially just?

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B. Interest: We are not all equal

In the Scottish House of Lords case Brown v Inland Revenue (1965 A.C. H.L.) it was held that a lawyer could not make a profit out of a client’s money. Funds held on a solicitor’s account are largely governed either by Act of Parliament or professional rules.

What is not governed is the rate of interest nor the timing of the release back to me of my money. I object: (a) that my money held by members of the legal profession does not secure for me a true commercial rate of interest; (b) that the holders of my money obtain hidden benefits which prompt the holder to withhold my funds to his benefit rather than mine.

From RBS I have identified that RBS has an implied and often expressed agreement with members of the legal fraternity by which the bank offers a nominal rate of interest upon money held within a lawyers clients account and by agreement passes on the supposed difference between the true open market rate and client account rate to the lawyer via cheap personal loans, bank charges and improved loan ratios (i.e. a lawyer will often be personally granted on say house purchase 5 times annual income compared to Joe public’s 3 times). This in my view is theft of my entitlement and encourages lawyers to hold onto my money longer than is necessary.

My objections to this practice have been met with derision and downright arrogance; even court officials such as the Accountant of the Court of Session condone this practice with RBS.

This form of legalised theft is widespread and costs the Scottish citizen an estimated £50 million per annum, or some £10 per head.

But who really gets the £50 million? RBS internally admits that its perk to Scottish lawyers costs it but some £10 million, and that the remaining balance of some £40 million is largely available to the RBS shareholders, the majority of which live without Scotland. Somehow, this doesn’t appear on the face of it either very patriotic of RBS or the Scottish legal system.

This matter is a devolved issue: should we not prompt our Scottish Parliament to legislate away this dubious perk?

Please examine the 17th Oct. 04 Supplement here


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C. RBS Banking malpractices

I have given this some serious thought, and perhaps in the general public interest I should divulge a detailed report. That said I would first seek written confirmation that matters I disclose will not lead to disciplinary action upon those who routinely appear to follow RBS custom.

My basic belief is that the RBS pressurises its junior and middle management so hard with sales targets that management makes mistakes and often cuts corners. I know of a number of examples when senior managers press their down line managers to produce income by unlawful means. e.g. it is common practise for a RBS manager to take a non refundable payment  from a customer for a loan which the same RBS manager knows that the RBS cannot make for the prospective customer has failed the credit score.

 Indeed, there are occasions in the above; when the junior manager will be ‘bollocked’ by the senior manager should the junior have reservations about taking a fee. Another regular example is the gerrymandering of customer loan applications. True the RBS has laid down set procedures and the criteria which are to be met; but such can easily be circumscribed in the all pervading desire to meet targets.

In short, the veracity of the documents put up for loan sanction is rarely if ever checked, only the information on those documents; crazy but true. Stranger still is the fact that the RBS hails the miscreants as business heroes, applauds them, and sends the same off to a well deserved vacation.

The above and similar stories are the product of regular RBS gossip, which I pick up at RBS social functions. Profitable RBS banking, but is it legal?


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D. Complaint against Mrs Shirley Eracleous

Mrs Shirley Eracleous was my RBS bank manager. By chance she once narrated that she had worked at the Co-op Bank with individuals with whom I am now in dispute with. She was a witness for me in my dispute with Unity Trust Bank Plc, a subsidiary bank of the Co-op. She and I fell out as is narrated in my ‘Matters Continuing section: Upon the Royal Bank of Scotland: The e-mail from Mrs Shirley Eracleous.’ I also make reference to the Warwick v McNamara writ, condescendences 15, 16 and 17 exhibited in ‘original opening page section’ in which Shirley Eracleous plays a prominent role.

Shirley Eracleous has now left RBS. But what amazes me is that Shirley Eracleous still has RBS papers at her home relating to me, and that she continues to discuss my RBS business with Mr McNamara and others. Such is RBS client confidentiality. I am seeking damages from both her and RBS. 


My correspondence below outlines my complaints. Although the individual circumstances may differ I understand that customer complaints such as mine are no longer an infrequent occurrence. Such complains are not only a symptom of weak management and poor operating systems but more importantly reflect a growing mindset of sophistry within RBS. Namely, that lies are the lubricant that makes commerce run and are a more effective mechanism of business than traditional candour.

On 2003-12-29, I wrote as follows to the complaints section of RBS:

Complaint re Breaches of Data Protection Act; failures to exercise duty of care and/or fiduciary duty and general misfeasance.

Re account number 10076730 & account number 10076633 held at Royal Bank of Scotland Fleetwood Branch Sort Code 16 19 31 in the name Martin Frost involving the following people and departments: Mr Paul Wainwright; Mrs Shirley Eracleous; and the RBS group legal services.

Remedial action sought:

That my account 100766633 remains open until it is convenient for me to move it; the information as requested per my e-mail of 19th November 2003 (as below) is supplied to me; an apology for the manner in which I have been treated; compensation as per statute and common law. 

Dear Aslam Abid,

The current background to my complaint is.

I enclose a copy of a RBS fact find which is largely self-explanatory; I understand you hold copies of my earlier correspondence with the bank. After her suspension Mrs Shirley Eracleous returned to work. Anyhow Shirley was very bitter and subsequently I ascertained that she has divulged to outside RBS parties, my account information or purported account information relating to me. Shirley approached clients of mine. She both directly and indirectly told clients and friends that her suspension was due to the fact that I had stolen money from her business customer ‘They Limited’. This is not true as the enclosed fact find illustrates. Shirley informed business clients that on account of my dishonesty re ‘They Limited’ RBS had terminated my accounts. She initiated a whispering campaign against me which eventually resulted in items of my purported personal/business banking relationship with the RBS to become aired in court viz third parties who had received information directly or indirectly from Shirley.

In November 2003 I was requested to provide information to the Lord President of the Court of Session to contradict these stories. At that stage I did not fully appreciate Shirley’s duplicity. On the 19th November 2003 I e-mailed Shirley and on that day I received an e-mail response to say that she was seeking RBS legal approval. On Monday night, 24th November, she phoned me to say that she had obtained RBS legal advice not to provide the information I had requested in my November e-mail. Furthermore, she had been instructed by RBS group legal services to close my accounts and that there was a letter in the post to that effect.

 Finally, she stated she had the full backing of the bank over this matter particularly as she had noted that I had threatened her. An issue I deny.  I received her referred to closure letter on the 19th December enclosed in a RBS Christmas card. I still have not received the requested account opening form nor fully the information requested.

My e-mail of 19th November 2003 read:

‘Dear Shirley,
 I would be grateful if you would formally write to me and confirm:
 The date upon which I opened my account number 10076730.
1.Provide a copy of the account opening mandate.
2.That at no time have I borrowed or sought to borrow funds on this account.
3.That at no time have I been overdrawn upon this account.

I am required to exhibit the above to the Lords Ordinary in the Court of Session which Court request is due to a circular put out by Mr A McNamara to the effect that: (a) you, personally and/or RBS, would not have opened the account 10076730 without his tacit approval unlawfully purported to be given by me and (b) RBS has advanced funds to me upon the security of Mr McNamara’s name. The above information is required by the Court no later than Monday 24th November 2003.’
 
Shirley Eracleous e-mail sent from her home on 19th December reads:

‘There was no intention re : lack of postage. I really can't explain ?
Got this mail at home & assume you also sent to work. Not in the Office now till 29th. I have posted the "copy" of the Sole trader mandate Martin - this is the only one I can retrieve from our records & I posted it myself with a Managers compliment slip attached.

I do hope you have by now receieved it, because I didn't keep a "copy of copy" - & would have to request it again. ??
I have NOT sent the original. Only a copy - with your signature on. Trust it is OK.
We never return original documents to customers & don't keep copies in Branch.
Presumably though - my letter will suffice ?

Hope you have a good Christmas. Please give my regards to your "boys" and also Anna if she visits.  It is a pity the way things are now. I would truly have liked to see you again. I do so much enjoy your company. I'm sure you know that, and  I honestly can't understand what has gone so wrong.

I still feel very aggrieved financially. I trusted you & believed in you. Forgetting Unity etc ...........you said you would make good the troubles of THIS year. 

You......more than anyone know & understand how I have suffered with Richard & his finances.  I simply did not believe that you would add to the burden.

Hope your health continues to improve & allows you to make further financial advancements, so that you may at last, honour your promises & committments to those who loved & trusted you. – Shirley’

Anyhow the above has made me very grumpy. I have never disguised the fact that Shirley personally, directly or indirectly, has lent me some £17,000. Shirley was aware of my IVA (which concluded in January 2000). She and her two nominal brother in laws advanced me £10,000 during 2000 to assist in funding my dispute with the Unity Trust Bank Plc, a subsidiary of the Co-Op Bank.

 In 2002 Shirley personally lent me a further £7,000 to bridge my finances until one of my legal cases bore fruit. In 2000 Shirley volunteered to be a witness for me in my dispute with Unity as she then professed to having worked with the then managing director of Unity, Mr Gordon Beasley, when Shirley had previously been employed by the Co-Op Bank in Balloon Street Manchester.

In 2003, on the morning of the Unity trial, Shirley confessed to me that she had misled me; she did not have a degree from the London School of Economics; she was not professionally qualified as per her RBS business card; that at the Co-Op Bank she had not been senior to Gordon Beasley but a girl in the accountancy pool and that her knowledge of banking practice and law was rudimentary.

Shirley offered to lie for me, she said she was very good at it. She explained that her boss Paul Wainwright knew all about her vices and her job application but he ignored them due to Shirley’s knowledge that Paul and Shirley’s friend Jean Finnegan had been or were lovers.

Fortunately I managed to delay her witness appearance by putting myself up as a witnesses thus enabling Shirley to mug up from a copy of ‘Domestic Banking’ by Professor Penn and again a paper I had been pinpointed to by a member of the RBS team in London.

Shirley was neither the expert witness nor the witness to fact that I had been lead by her to believe. Indeed I discover that whilst her boss Paul Wainwright knew of her intending witness appearance that he in turn had not sanctioned the same with his own superiors.

That said I now know that Edinburgh group legal services were referred to Shirley’s appearance by Unity Trust’s lawyers and that RBS group legal services have interchanged information concerning me directly and indirectly to Unity all in contravention of the Data Protection Act.

 I understand that Shirley lied to RBS group legal services concerning her involvement as a witness. Furthermore, I am unhappy that the RBS group legal services have allowed their views on Lord Eassie’s October 2003 Unity interlocutor to be published, not with standing that Lord Eassie’s opinion contradicts that interlocutor of the Lord President in October 1996 on the same legal issue. I am not a happy bunny.

The RBS failed in their fiduciary duties to me. I am aware that Shirley routinely divulges customer account details to parties outside the RBS. Perhaps, I was stupid to believe she would not do the same for me.

I lost money over the ‘They’ introduction. The RBS failed in their duty of care to me. It is a great pity that Shirley did not warn me about her customer Peter Bowden’s drug involvement though I understand that the massage of drug related monies is current practice of not only Shirley but of many of her fellow Blackpool area managers in their drive to enhance RBS profits (this is a separate topic and may be best explained by other RBS customers who dislike the practice).

I am unhappy that Shirley and her colleagues boast of their duplicity in misleading RBS and governmental loan sanctions, as in Shirley’s recent December case when she knowingly obtained a personal mortgage for a business venture in Penrith (as the guy’s father was one of Shirley’s best customers).

I am unhappy over the Unity episode in which Shirley’s duplicity has caused delay and cost money. I am unhappy that Shirley has used her position at RBS to denigrate me to my business colleagues and friends and to inflame my enemies. All this is not only very troublesome but very expensive. The final straw was to receive but part of the information I sought from November 19th in an unstamped Christmas card. Currently, it does seem like one long piss take.

Should you require it I have kept detailed notes and some transcripts on the matters referred to above. I hope you can assist. Finally, for their information, I have copied this letter direct to the FSA and the data protection authorities.

Yours sincerely
Martin Frost



On the 2004-01-26 I wrote again to the RBS complaints section thus:

The Scottish Academic Press Account No 10076633
Fleetwood Branch Sort Code 16 19 31

Dear Aslam Abid,

Please close my account entitled the Scottish Academic with immediate effect and cancel the two last remaining cheque payments made on this account namely £1,250 dated 23rd January 2004 and £500 dated 30th January both in favour of Mrs E Lloyd. Given your last comment concerning bank charges I have arranged for the sum of £40 to be paid into this account today, a sum I pay with reservation to my legal rights.

I regret despite your assurances I still have not received the promised for bank statements which were directly sent to the home of Mrs Shirley Eracleous. Failure to provide me at reasonable request information on me is just as much an offence under the data protection act as the sin of disclosing my information to third parties. You asked for precision as to wrongful disclosure. Well perhaps this may help for openers.

On Friday 16th January Mr Andrew McNamara of East Kilbride again spoke on the phone with Mrs Eirlys Lloyd, Advocate & Barrister, of Abercromby Place Edinburgh, in that conversation Mr McNamara stated that Mrs Shirley Eracleous had divulged all the details of my Royal Bank accounts to him which included details as to the closure of the accounts. Furthermore, Mr Andrew McNamara implied to Mrs Lloyd that he had numerous copy statements of mine provided to him by Mrs Shirley Eracleous.

As you are aware I have a taped November message from Mr Andrew McNamara stating the same, see enclosed copy e-mails. Finally, Mr McNamara has repeatedly stated in his court related correspondence that he received confidential information from Mrs Shirley Eracleous.

The last occasion was on Thursday 22nd January 2004 before Lady Smith in the Court of Session Edinburgh Mr Andrew McNamara chose to waive privilege and presented to the public another epistle written by McNamara in which he writes he has received information from Mrs Shirley Eracleous. Mr McNamara has now widely circulated this epistle despite being advised by both Lady Smith and Mr Hodge QC that Mr McNamara was pursuing a course of action which may give rise to very serious consequences to him.

I have discussed my complaint with the FSA who advises me that their auspices extends not just to the bank directly but also to the banks employees who also have a personal responsibility under current regulations. The FSA believes that their regulations apply to Shirley Eracleous’s statements to third parties to whom inter alia she has advised that she, Shirley Eracleous, has lent me money. The FSA advises me that the RBS is responsible also for all such uttering made by Shirley Eracleous in her perceived capacity as a RBS employee.

Since writing to you I have been approached by another six people who believe that details of their accounts may have been wrongly divulged by Mrs Shirley Eracleous. I will add these to the itemised list of breaches and wrong doing which you have requested. 
 
Yours sincerely
Martin Frost

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E. Restore some old fashioned morality


Bill Clinto

Shirley Eracleous at a social gathering with President Clinton.

A President who contrary to the best predictions of political experts, was forgiven for lying about his relations with Monica Lewinsky. Common sense told those experts that a president who behaved like that, whose personal morality was deplorable, could not stay in office. But social morality, the 'needs  and interests' of the majority, which approved the direction in which he was taking the country, transcended the principle that a president should always tell the nation the truth. Somehow, though Clinton escaped, I cannot see Shirley Eracleous and the Royal Bank of Scotland doing likewise.'



‘If they cheat on their spouse, they will cheat on me’: is the view of billionaire and one time USA Presidential candidate Ross Perot who maintains a company policy of instant dismissal against the discovered parties. Somehow I do not think that such a policy would wash at the RBS. It is the sentiment of an age which is passing us by. But does its passing mean such a view is wrong? Should the RBS be concerned or indeed should the customer of the bank be concerned? In these days of liberal or lax personal morals (dependent upon your personal ethical stance) does it really matter? I believe it still does for two principle reasons. The first is that it may cause disruption and lower work efficiencies. The second is that it produces a reduced service to customers and clients of RBS. You will note I do not transgress to discuss the wider moral issue whether RBS should actively provide the ethos which appears to encourage sexual promiscuity and drug taking.

Does moral laxity reduce RBS work efficiency? Is the RBS any different from any other bank or big organisation? My answer is a subjective yes to both questions. Since Adam was a lad, men and women have a natural propensity to intermingle. Motivation theory encourages the manipulation of natural tendencies towards a corporate goal. Comradeship is an essential ingredient to esprit de corps in any army. In my view the perfectly laudable motivational aims by RBS have simply transgressed too far. Instead of being an adjunct to business efficiency, a self consuming hydra was created whose cancer feeds, corrupts and damages the very business that the motivation was intended to enhance.

The above hydra belief postulation is supported by the witness of my own eyes. I attended RBS staff and social functions in the RBS North West of England area at which the use of soft drugs appeared to me to be commonplace. Use of such substances bore no moral shame and whilst not encouraged by senior RBS staff nevertheless promoted no censure. I understand one of the purposes of such social functions is to promote networking and so improve bank efficiency but my impression is that improper social scene practices have spread directly into the workplace from such social functions. In short, I believe many a RBS employee not only uses soft or recreational drugs socially but also at work thereby lowering business efficiency and acumen. Prima facie (though I have no evidential yardstick) I am informed by RBS managers that the execution of good RBS systems is bedevilled by poor input and that such action is worse than that work done which is to be found with their competitors. Simply put, many RBS managers believe that the RBS makes more routine mistakes (misrouting, failure to credit etc.) in handling customer accounts than occurs with their competitor banks.

I go further and suggest that many RBS staff in the Lancashire area tend to turn a blind eye to customers of RBS who engage in the promotion of drugs. Indeed, this stance is echoed by RBS customers who consider that RBS was the bank to be with for a ‘soft touch’. Often it was stated to me that RBS as a whole took a more pragmatic view in dealing with ‘dodgy’ money. Regrettably, this is not a new allegation but one I have broached with RBS management who endorse this ostrich approach to proper status and source enquiry. Indeed, at least three RBS managers with whom I have spoken, see this source of funds approach as providing RBS with a competitive advantage over their rivals; an advantage which enhances their ability to obtain their ever upward RBS performance targets.      

Does sexual promiscuity produce reduced customer service? (You will note I do not use the ‘wag’s’ expression customer satisfaction) Again I believe so. Take a look again at Shirley Eracleous’s fact find. Present at that meeting was Shirley Eracleous, Business Manager, Fleetwood; Jean Finnigan, Branch Manager, Lancaster; Nicky Devoy, Area Manager Operations, Lancashire; and Mark Adams, Area Manager Information, Lancashire. Outwardly the fact find appears a very proper procedure. But was it? Was the fact find truly initiated to assist the complainant customer or was the fact find a chance to settle personal scores? Jean Finnigan was Shirley Eracleous’s friend, the woman who helped to secure Shirley Eracleous her position with RBS. Finnigan, a woman, who was in a lengthy affair with Mr Paul Wainwright, Shirley Eracleous immediate boss. The area managers, Mr Mark Adams and Ms Nicki Devoy had had an eighteen month affair which broke up their own marriages. But examine to whom they were in turn married? Furthermore, it is believed that romantic attachment with Jean Finnigan prompted Paul Wainwright in the first place to overlook and so endorse the bogus bank qualifications with which Shirley Eracleous secured her RBS position. Again what was the past personal association between Jean Finnigan, Paul Wainwright, Nicki Devoy and Mark Adams? Indeed there seems a plethora of personal chemistry which muddles impartial and dispassionate consideration. Why all this bed swapping? Though the pertinent question should be: what was the ethos that created and allowed it to develop? Perhaps, the common denominator is RBS. Could it not be the repetition of highly charged social gatherings fuelled by personal reward schemes which encourage sexual adventure and possible drug misuse? Performance and achievement schemes at RBS too often appear, and may be gerrymandered to facilitate the enjoyment of an in ground. Amongst many RBS female staff Mr Paul Wainwright is thought to facilitate his colleagues’ advancement via the use of RBS favours for his own personal gratification. Whether such suggestions are true or not about Paul Wainwright there is widespread belief in many RBS ranks that such alleged RBS practice cements the promotion and returns ladder. It seems that the focus on RBS goals is being thwarted by the nether regions of its staff. This cannot, upon any historical analysis, lead to a common victory; in the ancient world the Greek phalanx was all conquering until personal issues amongst the ranks clouded the objective of the corporate fight.

My belief currently is that sales and profit demand has unwittingly prompted RBS to create a culture within parts of its workforce which will lead to an implosion of growth; due because the RBS appears to have turned away from the traditional values of British banking.

RBS must rectify this problem.   



Further evidential links:

1.The fact find

2.Shirley Eracleous statement

3.Warwick v McNamara writ

4.My reply to Shirley Eracleous' e-mail of 24th September 04 (see section 2 on linked page)

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