Banking Misconduct and the FCA

Chris Elmore Excerpts

Thursday 10th May 2018 Commons Chamber

[Chris Elmore (Ogmore) (Lab)]

It is a pleasure to follow the hon. Member for Clacton (Giles Watling). A constituent of mine was affected by this issue 10 years ago, and I agree with the hon. Gentleman that the banks have learnt nothing in that time. It has taken more than a decade for some people to obtain any sort of redress, and that is clearly wrong.

I congratulate my hon. Friend the Member for East Lothian (Martin Whitfield) on securing the debate. It is important that we are now debating the idea of redress and the misconduct of other organisations linked to the banking sector. In the time that I have, I shall focus on the failures of regulatory bodies and how their inaction has thus far failed victims of that misconduct. One of those victims is my constituent Mr Alun Richards, a customer of Lloyds Banking Group. Although much publicity has been given to the actions of RBS, Mr Richards’s case shows that Lloyds too should shoulder the blame. I have repeatedly detailed in the House the misconduct of which Mr Richards has been a victim at the hands of Lloyds bank, its Bristol recoveries unit and the estate agent Alder King, but for those who are unaware of the case, I will summarise it briefly.

Mr Richards was once a successful, and award-winning, farmer and businessman in west Wales. After setting up an account with Lloyds, however, he was soon left destitute when, without warning, it chose to transfer his account to its recoveries unit in Bristol. While the account remained at the unit, Lloyds managers John Holliday and Andrew Pavey allowed chartered surveyors Jonathan Miles and Julian Smith, of Bristol-based Alder King Estates, to act as Lloyds bank managers. Although no secondment agreement was in place, Miles and Smith were suddenly judge, jury and executioner of Mr Richards’s account. A further surveyor, Martin Jones of Swansea-based Lambert Smith Hampton, may also have made decisions despite conflicting interests.

Despite that gross misconduct, the Royal Institution of Chartered Surveyors refused to take action against its members—Miles, Smith and Jones—even when it became apparent that they might have made a management decision and appointed fellow Alder King surveyors as Law of Property Act receivers. Since the incident, Mr Richards has met representatives of the RICS twice. I have written to them many times, but the response on each occasion has been that it is not their problem. When Mr Richards has met them, they have dismissed his concerns and the misconduct of its members. The Association of Property & Fixed Charge Receivers, which represents LPA receivers, and the Insolvency Practitioners Association have also ignored all the claims. Meanwhile, the Solicitors Regulation Authority has refused to consider the actions of its member Richard Hillier of the Bristol-based firm of solicitors TLT, who may have acted with conflicted interests whilst simultaneously representing Lloyds Bank, Alder King and LPA receivers Andrew Hughes and Julian Smith. On top of that, the Association of Chartered Certified Accountants has ignored claims regarding a member of its organisation in Swansea.

In my view, this represents regulatory failure. What has happened to Mr Richards over the last 10 years is more than just an injustice; it has left him without the business that he worked for, and without the career and financial security that he obviously deserves. The misconduct that has taken place across the UK—on, I would argue, an industrial scale—has been swept away by those who have been tasked yet are reluctant to investigate. We need redress for the victims of misconduct and this begins with the regulatory bodies, including the regulatory bodies investigating those members that Members of this House have raised complaints about. I have written to all these organisations, but my letters are often ignored or receive brief, passive responses telling me my concerns and my constituents’ concerns are simply not relevant.

The only way we can move forward is by having an inquiry, having more and better regulation, and ensuring our constituents receive the money they have lost. Mr Richards—who is in the Gallery today—is owed several millions of pounds in redress. This is the only real way forward if we are to help our constituents to get the redress the deserve.