Financial Guidance and Claims Bill [Lords]

Chris Philp Excerpts

2nd reading: House of Commons
Monday 22nd January 2018 Commons Chamber

[Ms McVey]

I thank my right hon. Friend for his intervention. No one knows more about this subject than him, and I am glad he has put that on the record. These are all things that we need to consult on to make sure that we get the new regulation right.

[Chris Philp (Croydon South) (Con)]

On the question of cold calling raised by my right hon. Friend the Member for Wantage (Mr Vaizey), the cold calling provisions appear in clause 4 in part 1 of the Bill. Could the Secretary of State clarify whether those powers to prohibit cold calling will apply not just to financial guidance but to claims management companies, which are the topic of part 2? I hope that the answer is yes.

[Ms McVey]

That is our intention and that is what we will do, but those finer points will be worked out by the body as it works responsibly on behalf of UK citizens.

I want now to address issues that I know will be of interest to hon. Members. The Government have been clear that we will not stand for unlawful, persistent cold calling made by companies in the claims management sector. Cold calling is already illegal under certain circumstances. Under the privacy and electronic communication regulations, we have forced companies to display their numbers when they call, made it easier to take action against those involved in making the calls, and strengthened the powers of the Information Commissioner’s Office to impose fines.

That being said, a number of companies continue to act disreputably, so it is only right that the Government continue to take steps to further regulate the sector. That is why the Government committed in the other place to introduce measures to tackle those issues. The Department for Digital, Culture, Media and Sport is currently working through the details of an amendment to prohibit CMCs from making live, unsolicited calls unless the receiver has given prior consent. That step, combined with the Government’s previous actions in this area, should act as a warning to those acting unlawfully that we will not rest until the problem has truly been eradicated.

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[Chris Philp (Croydon South) (Con)]

I will try to do a great deal better than 10 minutes to 12 minutes, Mr Deputy Speaker. It is a great pleasure to follow the thoughtful speech of the hon. Member for Oldham East and Saddleworth (Debbie Abrahams). I welcome the Bill and will of course be delighted to support it later on this evening, and I want to talk about part 2 and claims management companies.

The reason why I have taken an interest in claim management companies is that my wife and I were involved in a minor road traffic accident on the M5 a few years ago, while heading to Cornwall for a family holiday. For a year or so following that minor bump, I was plagued with calls to my mobile phone on an almost weekly basis by a claims management company. Goodness knows how it got my number. In each call, it essentially tried to persuade me to submit a fraudulent claim for whiplash. No matter how persistently I told the caller that my family and I suffered absolutely no injury and that we did not have even the slightest ache or pain, they would say, “Well, if you just tell us that your neck hurts a bit, we will get you £3,000.” They were extremely persistent, and I can imagine that if somebody was a bit short of cash, they might succumb to that kind of blandishment. I therefore made the topic something that I wanted to get involved in after being elected, and I have raised it several times in Westminster Hall and am delighted to be able to raise it again today.

The number of whiplash or soft tissue injury claims following minor road traffic accidents has increased by an astonishing 50% over the past few years. At the same time, the number of road traffic accidents has gone down by 30%, so the number of accidents that lead to a claim has increased stratospherically. If we compare the number of claims in this country with those in an equivalent European country, such as France or Germany, there are far more claims here than elsewhere in Europe.

As the hon. Member for Oldham East and Saddleworth mentioned, a similar phenomenon has recently started in relation to claims for gastric illness—tummy upsets—on holiday. I remind the House of my declaration in the Register of Members’ Financial Interests of a shareholding in a small holiday business, although not one that has had a significant problem in this area.

Since 2013, there has been a 568% increase in claims for tummy upsets on holiday. There have been some notorious cases, such as that of Deborah Briton and Paul Roberts, who a short time ago were respectively sentenced to nine months and 15 months in prison by Liverpool Crown court having rather foolishly tweeted and posted on Facebook about how wonderful their holiday was before trying to claim, at the behest of some claims management company, that the holiday had been ruined by gastric illness.

Such cases, in which claims management companies have incited the public essentially to commit fraud, are becoming all too common. My objection to the activities of such claims management companies is twofold. First, they are inciting otherwise law-abiding members of the public to commit fraud, which is clearly a morally corrosive phenomenon. Secondly, of course, the cost of all these compensation payments is ultimately borne by drivers through higher insurance premiums—some people estimate the total cost of that at an extra £2.5 billion—or by consumers through higher holiday costs.

It is consumers—our constituents—who end up bearing the cost of such activities, so I am pleased that the Bill will begin to take steps to sort it out. Why does this happen? It happens because there are enormous financial incentives for claims management companies to operate in this way, particularly due to the concept of one-way cost shifting whereby, unusually, even if the defendant—the holiday company or the car insurance company—successfully defends a case, it none the less has to pay the claimant’s legal costs. The legal costs for a fully contested case often run up to £10,000 or more, whereas settling a case often costs only £3,000 or £4,000, so the insurer or the holiday company sadly has a financial incentive to settle and the claims management company, knowing that, simply has to process the paperwork to collect very high fees.

Claims management companies are responding to a financial incentive that the current system has unfortunately created. The number of claims management companies mushroomed from 500 in 2006 to 3,300 in 2011. I am pleased to say that measures already taken have reduced the figure to 1,500, but that is still far too high and there is definitely more we need to do.

I welcome the fact that the Bill will transfer oversight responsibilities to the Financial Conduct Authority, and I certainly welcome the introduction of fee caps for claims management companies. We must be careful to draft those regulations to ensure that claims management companies cannot circumvent the cap. The cap refers to 20% or 25% of net recovery, and we need to ensure claims management companies cannot somehow extract any portion of the recovery by way of fixed charges levied upfront. We have to be careful about the detail of the wording because these companies are adept at circumventing Government attempts to restrict their activities.

[Stephen Kerr (Stirling) (Con)]

My hon. Friend is making a powerful speech on an important issue. He will understand how much Scottish Conservative Members support the Bill because, until now, in Scotland there has been no protection whatever for consumers in the face of this onslaught by claims management companies.

[Chris Philp]

I am shocked to learn that the Scottish Government have been so slow to take action when the Westminster Government have been so quick.

[Neil Gray (Airdrie and Shotts) (SNP)]

The hon. Gentleman will understand that this is a reserved matter, so the Scottish Government have no locus to act.

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[Stephen Kerr]

That’s not true.

[Chris Philp]

I notice that my hon. Friend takes a different view from the hon. Member for Airdrie and Shotts (Neil Gray), and no doubt he will elaborate on that point if he speaks later in the debate.

[Vicky Ford]

I thank my hon. Friend for making this powerful speech. In addition to raising the cost of insurance for everybody else and encouraging people to commit fraud, does he agree that cold calling can often cause huge distress to the person on the other end of the phone, who is constantly reminded about an accident that they might wish to forget?

[Chris Philp]

My hon. Friend makes a good point. I consider myself a fairly robust individual, but the constant pestering by those companies was distressing, and if somebody is vulnerable in any way, I can imagine that it would be very distressing indeed.

That leads me to my next point in relation to the cold call ban contemplated under clause 4. I strongly welcome the clause’s inclusion, but its structure invites the new single regulatory authority to make a recommendation to the Secretary of State, who then, by regulation, has power to act. Given the pressing nature of the problem, will the Secretary of State consider a more direct route—that is, the Secretary of State having the power to ban cold calling in this area immediately, without needing to wait for a referral by the new regulatory authority? I see that the Secretary of State is listening to the point. I hope she will consider it, as Members on both sides of the House might welcome such an amendment as consideration of the Bill progresses.

There are other things that we need to do that are probably beyond the scope of the Bill but important none the less. In particular, the Government are consulting on the civil procedure rules and bringing overseas claims—holiday claims—within the scope of the fixed fee schedule. That would be an extremely welcome move, and I encourage the Ministry of Justice to expedite its response to that consultation, which is welcome.

In 2017, I had the pleasure of serving on the Committee that considered the Prisons and Courts Bill—I see the Minister recalls that—whose work was unfortunately interrupted by the general election. I believe that the Government plan to introduce a civil liability Bill in due course. Again, I encourage them to introduce that Bill as quickly as possible, because many important measures could be included in it that would assist in dealing with the problems to which I have referred, not least raising the threshold for the small claims track to £5,000, considering a ban on general damages in relation to low-value injuries and ensuring that the medical evidence standard for these various claims is made a little higher—for example, requiring someone actually to see an independent doctor face to face. The civil liabilities Bill could do a range of things once introduced.

Not wishing to stretch the elastic of your guidelines, Mr Deputy Speaker, I conclude by saying that this is a welcome Bill that will do a great deal to strengthen consumer protections. It is a great pleasure to speak in support of it on Second Reading.