Interest Rate Swap Products

Caroline Nokes Excerpts

Thursday 21st June 2012 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)]

I start by adding my congratulations to my hon. Friend the Member for Aberconwy (Guto Bebb) not only on securing today’s debate, but on the immense work he has done on this subject over the past few months.

I do not pretend that the mis-selling of interest rate swap agreements is a huge issue in my constituency; in fact, it has been raised by only a very small number of constituents who are local business owners. For the individuals affected, however, it is a massive issue, and as they contribute to the local economy, provide jobs for local people and use local services to assist with their businesses in the region, the knock-on effect has the potential to be very significant indeed.

It has been reported that RBS and Barclays, two of the UK’s biggest high street lenders to small business, have sold roughly 7,000 of these products between them. I can certainly add Lloyds bank to the list, as one of my constituents has had significant difficulties with that bank, which sold him this product several years ago.

Interest rate swap agreements are highly complex. As one of my constituents pointed out, these are the territory of corporate bankers, but have been sold to chip shop owners, to care home providers, as we have heard, and indeed to landlords. A constituent who approached me is the owner of a company that rents out a significant number of properties in Southampton, largely to the student market. He pointed out that, should his company fail, 1,000 individuals could be turfed out on to the streets of Southampton in the middle of their studies. What redress do these businesses have should it all go wrong?

Fear of the bank calling in the debt has kept many quiet. Micro-businesses have the option of going to the Financial Ombudsman Service, but that is possible only for those with small turnovers employing fewer than 10 people. My affected constituents are not eligible for assistance from the ombudsman, having too high a turnover and too many employees. So they have been forced to consider court action. However, as one of them said:

“how can you sue a bank you need to support you?”

In any case, the maximum redress the Financial Ombudsman Service can award is limited to £150,000, which is scant compensation when one of my constituents assures me that he has been charged an additional £6.1 million on a £3 million loan and he has already made payments into the interest rate swap agreement of over £1 million.

[Damian Collins]

Does my hon. Friend agree that this looks like old-fashioned extortion? Were the banks not simply trying to obtain the maximum possible rate, with the threat that rates might rise even higher unless people took advantage of the product?

[Caroline Nokes]

Let me reply to my hon. Friend by quoting a constituent who said to me, quite seriously, “I would have been better off going to Wonga.”

I welcome the FSA’s decision to review these products, and sincerely hope that the outcome will be assistance for the thousands of small businesses that have been affected. We should not forget that they are the lifeblood of the British economy. As that same constituent said, he is paying £3 million on top of the interest on an £8 million loan. The loan was for only three years, but the swap product was for 10. As he said, if he had not been stuck in the product he would have expanded more, employed more people, and paid more tax to the Exchequer. He also came out with a fantastic remark which really hit home in describing precisely the sort of small business man to whom these products have been sold. He said, “I left school with no qualifications. I learned my maths by scoring darts at my father’s pub. Yet suddenly I am involved in interest rate future, caps, collars, derivatives, curves, flows. All I wanted was a loan.”

My constituent is in no doubt about the fact that the loan to expand his business was dependent on the swap product. He has been quite clear about the position. His bank has been threatening him, telling him not to raise the matter with his Member of Parliament or to pursue the complaint via the courts. Land sales over which the bank has had a charge have been delayed until he makes his intentions regarding court action known to the bank. All the while, his business has been saddled with a swap product which, against the odds, he has managed to service. It has cost him more than £1 million over the last four years, and his business, family and employees have faced uncertainty.

I commend the work of my hon. Friend in pursuing this issue. I have no doubt that, as the motion says, prompt action is needed to ensure that small businesses do not continue to suffer as my constituents have. Their banks must not be allowed to threaten them.